Apr 15 2008 9:16 @4/15/ 2888 89:48 8589219186 DEPR PAGE @4/1a 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. 2007-032988 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: 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 ©1506923, 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 OB 29658, which is current. Apr 15 2008 9:16 @4/15/ 2888 89:48 8589219186 DEPR PAGE 45/18 5. Section 489. 95(1)(a), Florida Statutes, provides 4 all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job, 6. On or about January 9, 2006, TC entered into a contract with James Krupka ("Complainant") to repair Complainant’s hurricane damaged home, and to build a sunroom at the Complainant's residence located at 2210 NE 32™ Court, Lighthouse Point, Florida. 7. The total contract price was $192,000.00, of which TC accepted $71,737.00. 8. TC abandoned the project prior to completion. . 9. At the time of abandonment, the percentage of work completed by TC was less than the percentage paid for the work. 10. TC failed to have the project pass final inspection 1, On or about July 24, 2007, Florida Engineering & Testing, Inc., filed a lien against Complainant's property in the amount of $505.00 for services or materials billed to Complainant’s proj ect ordered by Respondent. 12. On or about August 31, 2007, All Jobs Concrete, Inc., filed a lien against Complainant’s property in the amount of $1,500.00 for services or materials billed ta Complainant’s project ordered by Respondent, | COUNTI 13. Petitioner realleges and incorporates the allegations set forth in paragraphs 1] through 12 as though fully set forth herein, . 14, Based on the foregoing, Respondent violated section 489.129(1)(g)(1), 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 valid liens have been recorded against the property of a contractor’s customer for supplies or services Apr 15 2008 9:16 a6/18 @4/15/ 2888 89:48 8589219186 DEPR PAGE ordered by the contractor: the customer’s job; the contractor t received funds from the customer to pay for the supplies or services: and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT IH 15. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 16. Based on the foregoing, Respondent violated Section 489.129(1)(g)(2), Florida _ Statutes, by committing mismanagement ot misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct oceurs 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 UI 17. Petitioner realleges and incorporates the allegations set forth in paragraphs’ 1 through 12 as though fully set forth herein, 18. Based on the foregoing, Respondent violated Section 489.129(1)4), Florida Statutes, by abandoning 4 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 | through 12 as though fully set forth herein. Apr 15 2008 9:17 PAGE @7/1a 84/15/2888 89:88 8589219186 DEPR 20. Based on t foregoing, Respondent violated Sec a 489, 129(1)(0), Florida Statutes, by failing to have the project pass final inspection. COUNT V 21. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 12 as though fully set forth herein. 22, Based on the foregoing, Respondent Violated Section 489.129(1)(m), Florida Statutes, by committing incompetence or misconduct in the ptactice 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 renéwal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000 per violation, require contiming 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 ype day of Decomb— , 2007. PC Found: December 4, 2007 ‘Div. L: Del Vecchio & Cox COUNSEL FOR DEPARTMENT: Tiffany A. Harrington Assistant General Counsel and Department of Business and Ury CLERK nal Aegutation Professional Regulation 3 Office of the General Counsel Dare 3 ant Wachad, 1940 N. Monroe Street, Ste. 42 ~£O an Tallahassee, FL 32399-2202 AOD Case No: 2007-032988

Docket for Case No: 08-001841