Elawyers Elawyers
Ohio| Change

OFFICE OF FINANCIAL REGULATION vs WOW AUTO DEALS, LLC AND JUAN CORTAVARRIA, 16-004426 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-004426 Visitors: 9
Petitioner: OFFICE OF FINANCIAL REGULATION
Respondent: WOW AUTO DEALS, LLC AND JUAN CORTAVARRIA
Judges: CATHY M. SELLERS
Agency: Office of Financial Regulation
Locations: Lauderdale Lakes, Florida
Filed: Aug. 05, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 1, 2016.

Latest Update: Jun. 15, 2024
STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION IN RE: Administrative Proceeding Docket Number: WOW AUTO DEALS, LLC, and JUAN 64794 CORTAVARRIA Respondents ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against WOW AUTO DEALS, LLC and JUAN CORTAVARRIA (“Respondents”), alleging: GENERAL ALLEGATIONS 1. Pursuant to section 520.994, Florida Statutes, the Office is charged with the responsibility of administering and enforcing the provisions of Chapter 520, Florida Statutes 2. Pursuant to section 520.996, Florida Statutes, the Office may conduct examinations and investigations to determine whether any provision of Chapter 520, Florida Statutes, has been violated. 3. Pursuant to section 520.995(1)(a), Florida Statutes, failure to comply with any provision of Chapter 520, Florida Statutes, or related rule or order, constitutes grounds for disciplinary action. 4. Respondent Wow Auto Deal’s business address is 4650 SW 51“ Street #714, Davie, FL 33314, and its Manager and 100% owner is Juan Cortavarria. WOW AUTO DEALS, LLC Page | of 7 5. At all times material to this Administrative Complaint, Respondents held a motor vehicle retail installment seller license pursuant to Chapter 520, Florida Statutes, license #MV9905942. 6. The Office conducted an examination (#59413) of Respondents’ business records and operations, covering the period of January 1, 2013 through January 1, 2015. 7. Pursuant to section 520.995(2), Florida Statutes, the Office may impose a fine not to exceed $1,000 for each violation of Chapter 520, Florida Statutes. 8. Pursuant to section 520.07(9), Florida Statutes, the Office may order a seller to refund any amounts assessed and charged on a retail installment contract which exceed the maximum charges provided by this act or by rules of the commission. COUNT I 9. The above general allegations 1 to 8 are hereby re-alleged and incorporated by reference as if fully stated herein. 10. Rule 69V-50.001, Florida Administrative Code, provides that all authorized charges are permitted only to the extent they are actually paid, used, or disbursed for the purposes stated. 11. In the following motor vehicle retail installment contracts, Respondents failed to pay, use, or disburse all listed charges for the purposes stated, and failed to refund the balance to the customer, in violation of Rule 69V-50.001, Florida Administrative Code: a. B.A., agreement date 4/5/13, contract number 1247. e Contract charges $250 in fees of which only $168.90 was paid, used or disbursed for purposes stated. b. T.B., agreement date 4/24/14, contract number 32408138 — V#3. e Contract charges $611 in fees, of which only $446.90 was paid, used or disbursed for purposes stated WOW AUTO DEALS, LLC Page 2 of 7 M.D., agreement date 4/19/14, contract number 32387878 — V#1. e Contract charges $611 in fees, of which only $110.60 was paid, used or disbursed for purposes stated. M.D., agreement date 9/9/13, contract number 31528802 — V#6. e Contract charges $611 in fees, of which only $181.90 was paid, used or disbursed for purposes stated. S.E., agreement date 7/29/14, contract number 32762650 — V#1. e Contract charges $375 in fees, of which only $110.60 was paid, used or disbursed for purposes stated. T.F., agreement date 3/7/13, contract number 1204. e Contract charges $486 in fees of which only $388.40 was paid, used or disbursed for purposes stated. A.G., agreement date 10/24/13, contract number 563. e Contract charges $375 in fees, of which only $130.60 was paid, used or disbursed for purposes stated. O.G., agreement date 5/8/14, contract number 32460425 — V#1. e Contract charges $589 in fees, of which only $388.40 was paid, used or disbursed for purposes stated. V.L., agreement date 10/21/13, contract number 31673251 — V#3. e Contract charges $611 in fees, of which only $418.40 was paid, used or disbursed for purposes stated. E.M., agreement date 8/4/14, contract number 32785890 — V#2. e Contract charges $611 in fees, of which only $413.40 was paid, used or disbursed for purposes stated. e Contract charges $932 in insurance premiums, of which $0 was paid, used, or disbursed for purposes stated. D.P., agreement date 3/18/13, contract number 31072142 — V#2. e Contract charges $1024 in fees, of which only $388.40 was paid, used or disbursed for purposes stated. WOW AUTO DEALS, LLC Page 3 of 7 1. J.R., agreement date 3/2/13, contract number 31026360 — V#2. e Contract charges $2060 in fees, of which only $357.75 was paid, used or disbursed for purposes stated. m. V.S., agreement date 4/23/13, contract number 1271. e Contract charges $250 in fees, of which only $207.77 was paid, used or disbursed for purposes stated. 12. Therefore, the Office is seeking an administrative fine of $2,000.00 and the refunding to the respective customers any fees that were not paid, used, or disbursed for the purposes stated. COUNT IT 13. The above general allegations 1 to 8 are hereby re-alleged and incorporated by reference as if fully stated herein. 14. Rule 69V-50.001(2)(b), Florida Administrative Code, provides that charges for documentary excise tax must be supported by attaching documentary stamps to the appropriate document and cancelling or by paying the appropriate amount of tax directly to the Department of Revenue and maintaining documentation necessary to determine compliance. 15. Respondents included documentary stamp tax in the following motor vehicle retail installment contracts, yet failed to have the necessary supporting documentation in violation of Rule 69V-50.001(2)(b), Florida Administrative Code: a. T.B., agreement date 4/24/14, contract number 32408138 — V#3. b. M.D., agreement date 4/19/14, contract number 32387878 — V#1. C: M.D., agreement date 9/9/13, contract number 31528802 — V#6. d. S.E., agreement date 7/29/14, contract number 32762650 — V#1. & A.G., agreement date 10/24/13, contract number 563. WOW AUTO DEALS, LLC Page 4 of 7 f. V.L., agreement date 10/21/13, contract number 31673251 — V#3. g. E.M., agreement date 8/4/14, contract number 32785890 — V#2. h. D.P., agreement date 3/18/13, contract number 31072142 — V#2. iit J.R., agreement date 3/2/13, contract number 31026360 — V#2. je V.S., agreement date 4/23/13, contract number 1271. k. J.S., agreement date 3/1/14, contract number 32165268 — V#5. lL. B.W., agreement date 3/21/13, contract number 31081719 — V#2. 16. Therefore, the Office is seeking an administrative fine of $1,000.00. WHEREFORE, Respondents, WOW AUTO DEALS, LLC and JUAN CORTAVARRIA are hereby notified that the Office intends to enter an Order imposing an administrative fine of $3,000.00 and ordering that Respondents refund to the respective customers any fees that were not paid, used, or disbursed for purposes stated. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] WOW AUTO DEALS, LLC Page 5 of 7 NOTICE OF RIGHTS The licensee is entitled to be represented by counsel or other qualified representative. The licensee also has the right to request a hearing pursuant to sections 120.569 and 120.57, Florida Statutes. Such request must comply with rules 28-106.2015 and 28-106.104, Florida Administrative Code. An Election of Proceeding form is attached for your convenience. Any such request must be filed as follows: By Mail or Facsimile OR By Hand Delivery Agency Clerk Agency Clerk Office of Financial Regulation Office of Financial Regulation P.O. Box 8050 General Counsel’s Office Tallahassee, Florida 32314-8050 The Fletcher Building, Suite 118 Phone: (850) 410-9889 101 East Gaines Street Fax: (850) 410-9663 Tallahassee, Florida 32399-0379 Phone: (850) 410-9889 TO PRESERVE THE RIGHT TO A HEARING, A WRITTEN RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION WITHIN TWENTY-ONE (21) DAYS AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. SAID RESPONSE MUST BE RECEIVED BY THE OFFICE NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. A FAILURE TO TIMELY RESPOND IN WRITING WILL CONSTITUTE A WAIVER OF THE LICENSEE’S RIGHT TO REQUEST A HEARING AND A FINAL ORDER MAY BE ENTERED WITHOUT FURTHER NOTICE. You may not make an oral request for an administrative hearing. With regard to a written request, if you fail to follow the outlined procedure, your request may be dismissed. Any request for an administrative proceeding received prior to the date of this notice is deemed abandoned, and to be considered, must be timely renewed in compliance with the procedure set forth above. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. WOW AUTO DEALS, LLC Page 6 of 7 j | é DATED and SIGNED this bas: day of Aw fr \ ,20 Vu DREW J. BREA EAR Commissioner ffice of Financial Regulation Fla. Bar No. 0506877 400 W. Robinson St., S-225 Orlando, Florida 32801-1799 (407) 245-0601; fax (407) 245-0806 jennifer.lozano@flofr.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been furnished by certified U.S. Mail, Return Receipt Requested, to wow Auto Deals LLC, Attn: Juan Cortavarria, 4650 SW 51st Street #714, Davie, FL 33314, this a aes ot Bs ex\ .20\ & ai 41 7199 9991 7035 2772 14? fer Leigh Blakeman WOW AUTO DEALS, LLC Page 7 of 7

Docket for Case No: 16-004426
Issue Date Proceedings
Nov. 07, 2016 Transmittal letter from Claudia Llado forwarding records to the agency.
Nov. 01, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 28, 2016 Petitioner's Supplemental Notice of Filing (Proposed) Exhibits for Hearing filed (exhibits not available for viewing).
Oct. 27, 2016 Petitioner's Supplemental Notice of Filing Exhibits for Hearing filed.
Oct. 24, 2016 (Petitioner) Motion to Relinquish Jurisdiction filed.
Oct. 21, 2016 Order Deeming Matters Admitted.
Oct. 13, 2016 Petitioner's Motion to Deem Facts Admitted (with Amended Certificate of Service) filed.
Oct. 12, 2016 Petitioner's Motion to Deem Facts Admitted filed.
Sep. 29, 2016 Petitioner's Notice of Filing (Proposed) Exhibits for Hearing filed (exhibits not available for viewing).
Sep. 28, 2016 Petitioners Notice of Filing Exhibits for Hearing filed.
Sep. 28, 2016 Petitioner's List of Witnesses for Hearing filed.
Sep. 28, 2016 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for November 2, 2016; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to ).
Sep. 27, 2016 Petitioner's First Motion to Continue filed.
Sep. 01, 2016 Petitioner's First Set of Request for Admissions filed.
Aug. 15, 2016 Order of Pre-hearing Instructions.
Aug. 15, 2016 Notice of Hearing (hearing set for October 12, 2016; 9:00 a.m.; Lauderdale Lakes, FL).
Aug. 15, 2016 Petitioner's Unilateral Response to Initial Order filed.
Aug. 08, 2016 Initial Order.
Aug. 05, 2016 Election of Proceeding filed.
Aug. 05, 2016 Administrative Complaint filed.
Aug. 05, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer