Jul 10 2008 14:40 arfle/2aee 1d:21 8589219186 DEPR PAGE 83/14 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. . Case No. 2007-025433 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 Industry Licensing Board, against GEOFFREY GILL, ("Respondent"), and says:. lL. 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, which is current and active, 3. Respondent's last known addresses of record are 1180 South US Hwy 1, Rockledge, Florida 32955 and 80 West Palm Drive, Margate, Florida 33063. 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 all Jul 10 2008 14:40 7/18/2688 14:21 8589219186 DEPR PAGE 84/18 operations of the business ¢ nization; for all field work at all site ind for financial matters, both for the organization in general and for-each specific job. . 6. On or about September 29, 2006, TC entered into three contracts with Patricia Courtney ("Complainant") to build a sunroom, enclose an existing porch, and to remove a wall at the Complainant’s residence located at 420 Nelson Drive, Merritt Island, Florida. 7. The total contract price was $33,450.00, of which TC accepted $27,750.00 (83%). 8. Although TC started to work on the project, TC abandoned the project prior to completion. 9, TC failed to have the project pass a final inspection. 10. At the time of abandonment, the percentage of work completed by TC was less than the percentage paid for the work. COUNT I 11. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. | 12. Based on the foregoing, Respondent violated Section 489.129(1)(g)(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 Jess 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 II 13. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. Jul 10 2008 14:40 arfle/2aee 1d:21 8589219186 DEPR PAGE 45/18 14, Based on th foregoing, Respondent violated Se n 489.129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor, A project may be presumed 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 IIT 15. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fuily set forth herein. 16. Based on the foregoing, Respondent violated Section 489.129(1)(o), Florida Statutes, by failing to obtain a final inspection on the project. COUNT Iv 17. Petitioner realleges and incorporates the allegations set forth in paragraphs |» through 10 as though fully set forth herein. 18. Based on the foregoing, Respondent violated Section 489,129(1)(m), Florida Statutes, by committing incompetence 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 exceed $10,000 per violation, require continuing education, assess costs associated with investigation and prasecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other telief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Jul 10 2008 14:40 ar/le/2aee 1d:21 8589219186 DEPR PAGE 46/18 Signed this 229 say of de aa 20080 PC Found: January 22, 2008 iv. i Kalmanson & Wilford Div. I: Kalman: Assistant General Counsel COUNSEL FOR DEPARTMENT: Tiffany A. Harrington Assistant General Counsel FBN 26202 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 F | | Da Case No: 2007-025433 mm "DepuTe mse Regutation K 1 rcemeba My: Ld DATE .

Docket for Case No: 08-003331