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: Jan. 22, 2025
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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,
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.
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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
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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.
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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
Issue Date |
Proceedings |
Jul. 02, 2008 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
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Jun. 25, 2008 |
Petitioner`s Witness List filed.
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Jun. 25, 2008 |
Petitioner`s Exhibit List filed.
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Jun. 25, 2008 |
Petitioner`s Unilateral Pre-hearing Statement filed.
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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 3, 2008; 1:00 p.m.; West Palm Beach and Tallahassee, FL).
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Apr. 25, 2008 |
Notice of Service of 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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