Michelle Cuello that was filed pursuant to Section 120.565, Florida Statutes.; The petition has requested a declaratory statement regarding the applicability of Sections 520.07 and 520.13, Florida Statutes, to Cuello’s purchase of a car on credit ...

Notice of Declaratory Statement

 

DEPARTMENT OF FINANCIAL SERVICES
FSC - Financial Institution Regulation

RULE NO: RULE TITLE
69U-100.004: Notification

NOTICE IS HEREBY GIVEN THAT on September 29, 2009, the State of Florida Office of Financial Regulation received a petition for declaratory statement from Michelle Cuello that was filed pursuant to Section 120.565, Florida Statutes. The petition has requested a declaratory statement regarding the applicability of Sections 520.07 and 520.13, Florida Statutes, to Cuello’s purchase of a car on credit from Maroone Honda which financing was disapproved after she took possession of the car. Petitioner further requested that the Office’s opinion declare that (1) Maroone Honda’s Bailment Agreement impermissibly attempted to negate the essential term disclosure requirements Section 520.07, Florida Statutes, (as Cuello believed this statute was required to be interpreted under TILA); and (2) the Bailment Agreement therefore also violated Section 520.13, Florida Statutes.

The Petition for Declaratory Statement is being processed and is available for public inspection during normal business hours of 8:00 a.m. through 5:00 p.m., Monday through Friday, except legal holidays, at the Office of Financial Regulation, Office of the General Counsel, 200 E. Gaines Street, Fletcher Building, Room #526, Tallahassee, Florida 32399-0379. Requests for copies or inspection should be addressed to Mr. William Oglo, Esq., Assistant General Counsel, at the above listed address.

Those persons whose substantial interests may be determined by these proceedings, including settlements, grants, and denials, are advised that they may intervene in this matter in accordance with the provisions of Rule 28-106.205, Florida Administrative Code. Petitions for leave to intervene shall conform with subsection 28-106.201(2) or Rule 28-106.301, Florida Administrative Code, and shall also include allegations sufficient to demonstrate that the intervenor is entitled to participate in the proceeding as a matter of constitutional or statutory right or pursuant to agency rule and/or that the intevenor has substantial interests that are subject to determination or will be affected by the agency’s actions during the proceedings. Original petitions and two copies must be filed at least twenty (20) days before the final hearing and shall be filed with:

Agency Clerk

Office of Financial Regulation

200 East Gaines Street

Suite 526, Fletcher Building

Tallahassee, Florida 32399-0379

FAILURE TO FILE A TIMELY REQUEST FOR HEARING AT LEAST TWENTY (20) DAYS BEFORE THE FINAL HEARING SHALL CONSTITUTE A WAIVER OF THAT PERSON’S RIGHT TO REQUEST A HEARING ON ANY MATTER REGARDING THE PETITION FOR DECLARATORY STATEMENT AND THE OFFICE OF FINANCIAL REGULATION WILL ISSUE ITS DECLARATORY STATEMENT BASED ON THE FACTS AND CIRCUMSTANCES THAT ARE SET FORTH IN THE PETITION FOR A DECLARATORY STATEMENT.

The following statutory chapters and rule chapters directly govern the proceedings the Office of Financial Regulation: Chapter 120, Florida Statutes, and Chapter 28-106, Florida Administrative Code. In deference to the rights of any substantially affected persons, the Office of Financial Regulation will not settle or otherwise reach a final resolution of these matters until such time when thirty (30) days from the date of this publication have passed.