Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: GEOFFREY GILL, D/B/A TRANSFLORIDA CORP.
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Apr. 15, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 2, 2008.
Latest Update: Dec. 25, 2024
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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. 2007-016120
GEOFFREY GILL,
D/B/A TRANSFLORIDA WuKv.,
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:
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 all
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operations of the business _anization; 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 June 3, 2006, TC entered into a contract with Sylvia Yoma-Tarquine
_ (“Complainant”) to build a sunroom addition at Complainant’s property, located at 5572 SW
114% Avenue, Cooper City, Florida 33330.
7. The total contract price for the project was $24,000.00, of which TC accepted
$12,500.00.
8. TC failed to apply for permits within thirty days after receiving more than 10
percent of the contract price.
9. TC 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%).
11. TC has not returned any money to Complainant.
COUNTI ©
12. Petitioner realleges and incorporates the allegations sét 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, a5 an
initial payment, money totaling more than 10 percent of the contract price for repair,
restoration, improvement or coristruction 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 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)(), Florida
Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part
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I, Florida Stanutes, or viola gz a rule or lawful order of the board, y having violated Section
489.126(2), Florida Statutes.
COUNT I
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 Iii
17. _—‘ Petitioner realleges and incorporates the allegations set forth in paragraphs |
through 11 as though fully set forth herein.
18. Based on the foregoing, Respondent violated Section 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 IV
19, Petitioner realleges and incorporates the allegations set forth in paragraphs 1
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.
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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 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.
th. fp
Signed this 4 day of Dum , 2007.
PC Found: December 4, 2007
Div. I: Del Vecchio & Cox
Assistant General Counsel
COUNSEL FOR DEPARTMENT:
Tiffany A. Harrington
Assistant General Counsel
FBN 26202
Department of Business and \ t i)
Professional Regulation : \ aprot 1 Regulation’
Office of the General Counsel . {Business an
1940 N. Monroe Street, Ste. 42 Departient oT HEPUTY CLERK
Tallahassee, FL 32399-2202
Case No: 2007-016120 CLERK Tyco a0or
DATE
Docket for Case No: 08-001837
Issue Date |
Proceedings |
Jul. 02, 2008 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Jun. 23, 2008 |
Petitioner`s Exhibit List filed.
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Jun. 23, 2008 |
Petitioner`s Witness List filed.
|
Jun. 23, 2008 |
Petitioner`s Unilateral Pre-hearing Statement filed.
|
Jun. 20, 2008 |
Order To Show Cause.
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Jun. 02, 2008 |
Petitioner`s Motion to Relinquish Jurisdiction filed.
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Apr. 29, 2008 |
Order of Pre-hearing Instructions.
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Apr. 29, 2008 |
Notice of Hearing by Video Teleconference (hearing set for July 1, 2008; 1:00 p.m.; West Palm Beach and Tallahassee, FL).
|
Apr. 25, 2008 |
Notice of Service Interrogatories filed.
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Apr. 25, 2008 |
Petitioner`s First Request to Produce to Respondent filed.
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Apr. 25, 2008 |
Petitioner`s First Request for Admissions to Respondent filed.
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Apr. 23, 2008 |
Petitioner`s Unilateral Response to Initial Order filed.
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Apr. 15, 2008 |
Consent to Withdrawal filed.
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Apr. 15, 2008 |
Motion to Withdraw as Counsel filed.
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Apr. 15, 2008 |
Administrative Complaint filed.
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Apr. 15, 2008 |
Election of Rights filed.
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Apr. 15, 2008 |
Agency referral filed.
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Apr. 15, 2008 |
Initial Order.
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