Dec 7 200° 9:22 1l2/a7/2ae7 89:28 4874258268 WRIGHT FULFORD MOORH PAGE 83/32 ™, - + STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case Nos. 2007-007315 VS. GEOFFREY C. GILL, Respondent. / ADMINISTRATIVE COMPLAINT. Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GEOFFREY C. GILL, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified General Contractor, in the State of Florida, having been issued license puaber CGC1506923. 3. Respondent's addresses of record are 1180 South U.S, Highway 1, Rockledge, Florida 32955. 4. At all times material hereto, Respondent was licensed as the qualifying agent for Transflorida Corp. (hereinafter referred to as "Contractor"), a Florida corporation with qualified Dec 7 200° 9:22 1l2/a7/2ae7 89:28 4874258268 WRIGHT FULFORD MOORH PAGE @4/32 business organization certificate of authority number QB29658. 5. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all ficld work at all sites; and for financial matters, both for the organization in general and for each specific job. . 6. Onor about March 15, 2006 the Contractor entered into a written contract with George Waked (hereafter teferred to as “Waked”) for the construction of a sun room at Waked’s residence located at 10055 N.W. 45th Street, Coral Springs, Florida. 7. The contract price was Twenty Seven Thousand Eighty dollars ($27,080.00). 8. On or about June 4, 2006 Waked paid the Contractor Thirteen Thousand Five Hundred Forty dollars ($13,540.00) toward the contract price. 9. On or about April 20, 2007, the Contractor entered into a written contract or a series of written contracts with Waked for work at Waked’s residence (1) to construct a secure room for $46,934.00, (2) to construct a wine room for $23,265.00, (3) to construct a concrete wall for $25,000.00, and (4) to replace windows for $30,976.00. On or about April 25, 2006 Waked paid the Contractor a total of Forty Thousand dollars ($40,000.00) as a deposit of approximately onc-third of the total contract price. 10. On of about April 21, 2006 the Contractor entered into a written contract or a series of written contracts with Waked for work at Waked’s residence (1) to install a lightning suppression system, for $4,300.00, and (2) to construct a tennis court for $22,500.00. On or about April 27, 2006 Waked paid the Contractor $1,000.00 toward the price of the lightning suppression system and $8,600.00 toward the price of the tennis court. Dec 7 200° 9:22 12/7/2687 89:28 4874258268 WRIGHT FULFORD MOORH PAGE 85/32 ms, ™ 11, The prices in the March 15, 2006, April 20, 2006, and April 27, 2006 contracts included engineering and building permits. 12. During the period from approximately June to August 2006 the Contractor removed an existing wall or fence that had been damaged and performed or attempted to perform the window replacement work and to install the lightning suppression system. Thereafter the Contractor performed no further work at the jobsite. 13. On or about August 18, 2006 Waked paid the Contractor Twelve Thousand Five Hundred Twenty Five dollars ($12,525.00) toward the price of the window replacement work and the installation of the lightning suppression system. 14. Onor about August 16, 2006 the Contractor applied to the City of Coral Springs building department for a building permit for the window replacement work. The building department assigned number 06-12794 to the application. On or about September 3, 2006 the building department rejected the application and notified the Contractor. On or about March 8, 2007 the Contractor re-submitted the application with revised plans. On or about March 11, 2007 the building department approved the application and issued a building permit with the same number as the application, 06-12794. No required building department inspections of the Contractor’s window replacement work were performed, 15. Onor about October 13, 2006 the Contractor applied to the City of Coral Springs building department for a building permit for the construction of the sun room, the secure room, and the wine room. The building department assigned number 06-15205 to the application. On or about November 11, 2006 the building department rejected the application and notified the Contractor. On or about January 26, 2007 the Contractor re-submitted the application with Dec 7 200° 9:23 12/7/2687 89:28 4874258268 WRIGHT FULFORD MOORH PAGE 86/32 ~ ™ revised plans. On or about February 8, 2007 the building department rejected the application and notified the Contractor. No building permit was issued to the Contractor for the construction of the sun room, the secure room, and the wine room. 16. On or about October 13, 2006 the Contractor applied to the City of Coral Springs building department for a building permit for the construction of the tennis court. The building department assigned number 06-15208 to the application. On or about November 1, 2006 the building department rejected the application and notified the Contractor. No building permit was issued to the Contractor for the construction of the tennis court. 17. On or about October 13, 2006 the Contractor applied to the City of Coral Springs building department for a building permit for the construction of the concrete wall. The building department assigned number 06-15209 to the application. On or about November 1, 2006 the building department rejected the application and notified the Contractor. No building permit was issued to the Contractor for the construction of the concrete wall. 18. The Contractor did not apply for or obtain a building permit for the installation of the lightning suppression system. COUNT 19 Petitionor realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count I. 20. Section 489.126(2)(a), Florida Statutes, states: “A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a Dec 7 200° 9:23 12/07/2087 89:28 4874258268 WRIGHT FULFORD MOORH PAGE 7/32 oo =, a ae) permit under the applicable codes and ordinances.” 21. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (2005), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. | COUNT IL 1. Petitianer realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count I. 23. Based upon the foregoing, the Respondent violated Section 489.129(1 (0), Florida Statutes (2005), by proceeding on any job without obtaining applicable local building department perinits and inspections, by performing window replacement work before the building permit was issued, by installing the lightning suppression system without a building permit, and by failing to obtain required building department inspections of the window replacement work. COUNT 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count II, 25. Based upon the foregoing, the Respondent violated Section 489. 129(1)(m), Tlorida Statutes (2005), by committing incompetency or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to

Docket for Case No: 07-005534PL