Jul 10 2008 14:47 PAGE 83/18 @f/1a/2688 14:28 8589219186 DEPR 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. 2007-052777 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 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 QB 29658. 5. Section 489, 1195(1}{a), Florida Statutes, provides that all primary qualifying agents for 4 business organization are jointly and equally responsible for supervision of all Jul 10 2008 14:47 ar/le/2aee 14:28 8589219186 DEPR PAGE @4/1a operations of the business org zation; for all field work at all sites; { for financial matters, both for the organization in general and for each specific job. 6. On or about December 14, 2006, TC entered into a contract with Calvin & Frances Brown ("Complainant") to build an addition to the residence located at 925 Brookview Lane, Rockledge, Florida. 7. The total contract price was $40,300.00, of which TC accepted $20,150.00. 8. TC failed to apply for permits within 30 days after receiving more than 10 percent of the contract price for the project. 9. TC abandoned the project. 10. At the time of abandonment, the percentage of work completed by TC was less than the percentage paid for the work. COUNT I 11. Petitioner -realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 12. Section 489,126(2), Florida Statutes, states that a contractor who receives, as an’ initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement or construction 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 otdinances, and must start work within 90 days after the date all necessary permits for work, if any, are issued. 13. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated Section 489,126(2), Florida Statutes. - Jul 10 2008 14:47 PAGE 45/18 ar/le/2aee 14:28 8589219186 DEPR COUNT Ii 14. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 15. 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 to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less tliat 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 refimds the excess funds within 30 days after the job is abandoned, COUNT III 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. , 17. 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 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 19. Based:on the foregoing, Respondent violated Section 489,129(1)(m), Florida Statutes, by committing incompetence or misconduct in the practice of contracting. Jul 10 2008 14:47 ar/le/2aee 14:28 8589219186 DEPR PAGE 46/18 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 Signed this Z@ " day of fut , 2008. PC Found: Febmuary 26, 2008 ; Div. I: Kalmanson & Clark iffy A. Hattington Assistant General Counsel] COUNSEL FOR DEPARTMENT: D Tiffany A. Harrington F \t. pratesstonal Requizvon i ff Assistant General Counsel Department 0 DEPUTY CLERK FBN 26202 . Department of Business and MAHichale Professional Regulation Pyraciin Office of the General Counsel oer 27-2006 1940 N. Monroe Street, Ste. 42 DATE Tallahassee, FL 32399-2202 Case No: 2007-052777

Docket for Case No: 08-003333