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
Issue Date |
Proceedings |
Feb. 06, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 02, 2017 |
Motion to Relinquish Jurisdiction filed.
|
Jan. 19, 2017 |
Order of Pre-hearing Instructions.
|
Jan. 19, 2017 |
Notice of Hearing (hearing set for March 7, 2017; 9:00 a.m.; Brooksville, FL).
|
Jan. 10, 2017 |
Joint Response to Initial Order filed.
|
Jan. 09, 2017 |
Initial Order.
|
Jan. 04, 2017 |
Office's Notice of Filing Certificates of Service of Discovery upon Respondents filed.
|
Jan. 04, 2017 |
Request for Hearing filed.
|
Jan. 04, 2017 |
Administrative Complaint filed.
|
Jan. 04, 2017 |
Agency referral filed.
|