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OFFICE OF FINANCIAL REGULATION vs KIN FOLK INVESTMENT CORP., AND ZANDRA DI GIORGIO, 17-000036 (2017)

Court: Division of Administrative Hearings, Florida Number: 17-000036 Visitors: 2
Petitioner: OFFICE OF FINANCIAL REGULATION
Respondent: KIN FOLK INVESTMENT CORP., AND ZANDRA DI GIORGIO
Judges: JAMES H. PETERSON, III
Agency: Office of Financial Regulation
Locations: Brooksville, Florida
Filed: Jan. 04, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 6, 2017.

Latest Update: Dec. 27, 2024
STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION In Rez Administrative Proceeding Docket Number: 63936 KILN FOLK INVESTMENT CORP,, and ZANDRA DIGIORGIO, Respondents, ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against KIN FOLK INVESTMENT CORP., (“Kin”) and ZANDRA DIGIORGIO (“DiGiorgio”), together (“Respondents”), alleging: GENERAL ALLEGATIONS 1. Pursuant to sections 520.994 and 520.996, Florida Statutes, the Office is charged with administering and enforcing the provisions of Chapter 520, Florida Statutes, and conducting examinations and investigations to determine whether any provision of Chapter 520, Florida Statutes, has been violated. 2. Pursuant to section 520.995(1)(a), Florida Stamtes, failure to comply with any provision of Chapter 520, Florida Statutes, or related rule constitutes grounds for disciplinary action. 3. On December 18, 2014, Kin was licensed by the Office as motor vehicle retail installment seller licensee pursuant to Part I, Chapter 520, Florida Statutes, having been issued license number MV9909725, The status of Kin’s license is approved, 4. Kain’s address of record with the Office is 15949 US Hwy 19, Hudson, FL 34667, and DiGiorgio is listed with the Office as Kin’s President and 50% Owner. Page 1 of § 5. On or about April 20, 2015, the Office completed an examination (#58933) of Delta’s business records and operations. 6. Pursuant to section 520.995(2)(f), Florida Statutes, the Office may impose an administrative fine not to exceed $1,000 for each act set forth in subsection (2). COUNT 1 7. The above general allegations are hereby alleged und incorporated by reference as if fully stated herein. 8. Pursuant to section 520.03(1), Florida Statutes, a person may not engage in the business of'a motor vehicle retail installment seller without a license. 9. Between November 24, 2014, and December 11, 2014, Respondents acted as a motor vehicle retail installment seller by selling motor vehicles and accepting one or more deferred installments without an active license, in violation of section 520.03(1), Florida Statutes. 10. Therefore, the Office is seeking an administrative fine of $400. COUNT IL 11. The above gencral allegations are hereby alleged and incorporated by reference as if fully stated herein. 12, Respondents entered into motor vehicle retail installment contacts during the examination period where they collected official fees/authorized charges (tag, title, registration). 13. Rule 69V-50.001, Florida Administrative Code, provides that authorized charges are permitted only to the extent that they are actually used for the purpose stated. 14, Respondents failed to maintain documentation that all official foes/authorized charges (tag, title, registration) collected from the buyer had been fully used for the purposes intended; thus, official fees/authorized charges (tag, title, registration) were not fully supported, in Page 2 of 5 violation of section 520.07(3), Florida Statutes, and Rules 69V-50.001 and 69V-50.002, Florida Administrative Code. 15. Therefore, the Office is seeking an administrative fine of $350, COUNT HI 16, The above general allegations are hereby alleged and incorporated by reference as if fully stated herein. 17, Respondents entered into motor vehicle retail installment contacts during the examination period where they collected charges for documentary excise tax, 18, Rule 69V-50.001, Florida Administrative Code, provides that authorized charges are permitted only to the extent that they are actually used for the purpose stated. 19. Respondents failed to maintain documentation necessary to determine compliance for remittance of documentary stamp tax; thus, charges for documentary excise tax were not supported, in violation of section 520.07, Florida Statutes, and Rule 69V-50,001(2)(b), Florida Administrative Code. 20. Therefore, the Office is seeking an administrative fine of $800, WHEREFORE, Respondents, KIN FOLK INVESTMENT CORP., and ZANDRA DIGIORGIO are hereby notified that the Office intends to enter an Order to cease and desist from forther violations of Chapter 520, Florida Statutes, imposing an administrative fine of $1,550, and/or imposing other penalties that may be provided for in Chapter 520, Florida Statutes. Page 3 of 5 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 fort is attached for your convenience, Any such request must be filed as follows: By Mail or Fax OR By Hand Delivery Agency Clerk Agency Clerk Office of Financial Regulation Office of Financial Regulation P.O. Box 8050 Genezal Counsel’s Office Tallahassee, FL 32314-8050 The Fletcher Building, Suite 118 Phone: (850) 410-9889 101 East Gaines Street Fax; (850) 410-9663 Tallahassee, FL 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, Page 4 of 5 DATED and SIGNED this > day of _(Jc foley , 2016 , DREW J. BREAKSPEAR Commissioner By: C William Oglo Assistant General Counsel Office of Financial Regulation Fla. Bar No. 874876 101 E. Gaines Street, 550T Tallahassee, FL 32399-0379 (850) 410-9687 bill.oglo@flofr.com CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been served by U.S. certified mail to Kin Folk Investment orp, and Zandra DiGiorgio, 15949 US Hwy 19, Hudson, FL 34667, on this_S dayof_() Wie. won 5 4 WL 7499 4991 7035 0431 7b3% Page 5 of 5 PPL ERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been served by U.S. certified mail to Kin Folk Investment Corp., and Zandra DiGiorgio, 15949 US Hwy 19, Hudson, FL 34667, on this_/4 day of Doble. »20f eine Sant 4) 7499 9993 7035 0631 7655 Page 1 of 1 SUPPLEMENTAL CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been served by U.S. certified mail to Kin Folk Investment Corp., and Zandra DiGiorgio, 6298 Jamaica Rd., Spring Hill, FL 34606; and 8321 Philadelphia Ave., Spring Hill, FL 34608, onthis_// dayof_ gocto lu ,20/o. LOS, William Oglo ; oe 431 7195 99491 7035 0631 ?bbe 91 7199 71991 7035 0831 7679 Page 1 of 1

Docket for Case No: 17-000036
Source:  Florida - Division of Administrative Hearings

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