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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs GEOFFREY GILL, D/B/A TRANSFLORIDA, CORP., 08-003329 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-003329 Visitors: 12
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: GEOFFREY GILL, D/B/A TRANSFLORIDA, CORP.
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Cocoa, Florida
Filed: Jul. 10, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 3, 2008.

Latest Update: Oct. 04, 2024
Jul 10 2008 14:30 arfle/2aee 14:11 8589219186 DEPR PAGE 3/11 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, 2007-016664 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 C1506923. 3, Respondent's last known address of record is 1180 South US Hwy 1, Rockledge, Florida 32955. 4, At all times material hercto, 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 14:30 arfle/2aee 14:11 8589219186 DEPR PAGE 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 August 23, 2006, TC entered into a contract with George Sharp ("Sharp") to perform interior repairs at Sharp’s residence located at 2509 Hathaway Drive, Cocoa, Florida for $16,800.00. 7. Sharp paid Respondent $14,280.00 for the project. 8. Respondent abandoned the project before completion. 9. Respondent failed to obtain a final inspection on the project. COUNT I 10. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 11. Based on the foregoing, Respondent violated Section 489.129(1)({), 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 II 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 13. Based on the foregoing, Respondent violated Section 489,129(1)(0), Florida Statutes, by failing to obtain a final inspection on the project. COUNT Il 14. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. @4/11 Jul 10 2008 14:31 7/18/2688 14:11 8589219186 DEPR PAGE 5/11 15. Based on th coregoing, Respondent violated Sec. 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 ot 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. Signed this at day of Cth. 2007. PC Found: October 23, 2007 Div. t: Chung & Husband Assistant General Counsel COUNSEL FOR DEPARTMENT: FILED Tiffany A. Harrington B ‘ epartment of Business a i Assistant General Counsel AGENCY Ce Regulation FBN 26202 Department of Business and Professional Regulation Office of the General, Counsel 1940 N. Monroe Street, Ste, 42 Tallahassee, FL 32399-2202 Case No: 2007-016664

Docket for Case No: 08-003329
Issue Date Proceedings
Sep. 10, 2008 Undeliverable envelope returned from the Post Office.
Sep. 03, 2008 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Aug. 18, 2008 Order to Show Cause (response to this order shall be filed no later than the close of business on September 2, 2008).
Aug. 11, 2008 Undeliverable envelope returned from the Post Office.
Aug. 11, 2008 Undeliverable envelope returned from the Post Office.
Aug. 05, 2008 Order of Pre-hearing Instructions.
Aug. 05, 2008 Notice of Hearing (hearing set for September 11 and 12, 2008; 9:00 a.m.; Cocoa, FL).
Aug. 04, 2008 Order of Consolidation (DOAH Case Nos. 08-3329, 08-3330, 08-3331, 08-3332 and 08-3333).
Jul. 18, 2008 Undeliverable envelope returned from the Post Office.
Jul. 16, 2008 Petitioner`s First Request for Admissions to Respondent filed.
Jul. 16, 2008 Petitioner`s First Request to Produce to Respondent filed.
Jul. 16, 2008 Notice of Service of Interrogatories filed.
Jul. 16, 2008 Petitioner`s Motion to Consolidate filed.
Jul. 16, 2008 Petitioner`s Unilateral Response to Initial Order filed.
Jul. 11, 2008 Initial Order.
Jul. 10, 2008 Consent to Withdrawal filed.
Jul. 10, 2008 Motion to Withdraw as Counsel filed.
Jul. 10, 2008 Respondent, Geoffrey C. Gill`s Answer filed.
Jul. 10, 2008 Election of Rights filed.
Jul. 10, 2008 Administrative Complaint filed.
Jul. 10, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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