Apr 15 2008 9:08 @4/15/ 2888 88:58 8589219186 DEPR PAGE 89/16 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2007-032238 GEOFFREY GILL, D/B/A TRANSFLORIDA CORP., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Indusiry Licensing Board, against GEOFFREY GILL, ("Respondent"), and gays: 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 number CG C1506923. 3. Respondent's last known address of record is 1180.South US Hwy 1, Rockledge, Florida 32955. 4. At all times material hereto, Respondent was the primary qualifying agent for Transflorida Corp. ("TC"), which has been issued Certificate of Authority number QB 29658. 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 al] Apr 15 2008 9:08 @4/15/ 2888 88:58 8589219186 DEPR PAGE 18/16 operations of the business . ganization; for all field work at all sit. , and for financial matters, both for the organization in general and for each specific job. | 6. On or about August 28, 2006, Respondent entered into a contract with David & Lorraine Eisenband ("Eisenband") to convert Eisenband’s screen room into a sunroom. 7. The total contract price for the project was $18,000.00, of which Eisenband paid Respondent $9,000.00 on September 4, 2006. 8. Respondent failed to apply for permits within thirty days after receiving more than 10 percent of the contract price. 9. Respondent abandoned the project. 10. At the time of abandonment, the percentage of work completed by the Respondent for the project (0%) was less than the percentage paid for the work (50%). 1]. Respondent has not returned any money to Eisenband, COUNTI 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 13. Section 489.126(2), Florida Statutes, states that a contractor who receives, a8 an - initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement or construction to résidential 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 permit under the applicable codes and ordinances, and must start work within 90 days after the date all necessary permits for work, if any, are issued. 14. Based on the foregoing, Respondent violated Section 489.129(1\(i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Plorida Statutes, or violating a rule or lawful order of the board, by having violated Section 489,126(2), Florida Statutes. Apr 15 2008 9:08 @4/15/ 2888 88:58 8589219186 DEPR PAGE 11/16 COUNT II 15. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 16. Based on the foregoing, Respondent violated Section 489.129(1)(2\(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less that than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the job is abandoned. COUNT HI 17, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 18, Based on the foregoing, Respondent violated Section 489.129(1)G), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be prestimed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT IV 19. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 11 as though fully set forth herein. 20. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetence or misconduct in the practice of contracting. Apr 15 2008 9:09 DEPR PAGE 12/16 ad/15/2098 98:58 9589219196 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 ot registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455 ,227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder, Signed this 2.3 ~~ day of Lila 2007, PC Found: October 23, 2007 (2 Div. I: Chung & Husband {ffan'’ Ad Harrington Assistant Genera] Counsel COUNSEL FOR DEPARTMENT: FILEDW 4 Department of Business and Professional Regulation AGENCY CLERK Tiffany A. Harrington, Assistant General Counsel FBN 26202 Department of Business and Professional Regulation Office of the General Counsel CLERK 1940 N, Monroe Street, Ste. 42 “4 oy, : Wowtoom amy Tallahassee, FL 32399-2202 DATE_gf ; cal ey bs 7 Case No: 2007-032238

Docket for Case No: 08-001839