Jul 10 2008 14:35 ar/le/2aee 14:16 8589219186 DEPR PAGE @3/a9 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. 2007-023722 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: I. 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, Fidrida 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. 4. 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 14:35 ar/le/2aee 14:16 8589219186 DEPR PAGE @4/ag operations of the business nization; for all field work at all sit and for financial matters, both for the organization in general and for cach specific job. 6. On or about July 12, 2006, TC entered into a contract with David & April Johnson ("Complainant") to build a sunroom at the Complainant’s residence located at 1169 Pluto Street SE, Palm Bay, Florida. 7. The total contract price was $21,400.00, of which TC accepted $10,700.00 (30%). 8. TC failed to begin work on the project and 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. COUNTI 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)(g\(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm io 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 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)(j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under Jul 10 2008 14:35 ar/le/2aee 14:16 8589219186 DEPR PAGE @5/ag contract as a contractor. A ject may be presumed abandoned af 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 IH 14. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 15. 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 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. rd PC Found: January 29, 2008 day of ; 200%) Div, I Kalmanson. & Wilford al tant . WM : bam Assistant General Counsel Signed this 22 COUNSEL FOR DEPARTMENT: Tiffany A. Harrington f | L f D Assistant Genera] Counsel Department of Business and Professional Regisation FBN 26202 DEPUTY CLERK Department of Business and . Professional Regulation : ' W Michel. Office of the General Counsel 2? 1940 N. Monroe Street, Ste, 42 DATE -” (p -200 Tallahassee, FL 32399-2202 Case No: 2007-023722

Docket for Case No: 08-003330