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: Jan. 03, 2025
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
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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
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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
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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
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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
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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
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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
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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.
|