2026-08-03
Added · Updated
The Office of Financial Regulation approved a Stipulation and Consent Agreement with Riva Yamaha South, Inc. d/b/a Riva Motorsports and Marine of the Keys, and Michael Martin regarding unlicensed motor vehicle retail installment seller activity from January 1, 2017, through May 13, 2026. The Petitioners are required to pay an administrative fine of $4,000 and cease violations of chapter 520, Florida Statutes. In exchange, the Office will approve their pending licensure application and issue the license within one business day of the Final Order.
Index: OFR 2026 - 392 STA TE OF FLORIDA OFFICE OF FINANCIAL REGULATION In Re: RIV A YAMAHA SOUTH, INC., D/B/A RIVA MOTORSPORTS AND MARINE OF THE KEYS, and MICHAEL MARTIN, Petitioners. FINAL ORDER Case Number: 139113 This cause came on for consideration and final agency action. Upon review of the record and being otherwise fully advised in the premises, the Office of Financial Regulation ("Office") hereby finds:
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order was furnished to Riva Yamaha South, Inc., d/b/a Riva Motorsports and Marine of the Keys, and Michael Martin by U.S. Mail to 102550 Oversea~ wy., Key Largo, Florida 33037 and by electronic mail to asmai@rivamiami.com, on this ~ day of August, 2026. 2 C Tallahassee, FL 32314-8050 Email: Agency.Clerk@flofr.gov Tel: (850) 410-9889
STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION In Re: RIVA YAMAHA SOUTH, INC., D/B/A RIV A MOTORSPORTS AND MARINE OF THE KEYS, and MICHAEL MARTIN, Petitioners. Exhibit A Case Number: 139113 STIPULA TJON AND CONSENT AGREEMENT The State of Florida, Office of Financial Regulation ("Office"), and RIV A YAMAHA SOUTH, INC., D/B/A RIV A MOTORSPORTS AND MARINE OF THE KEYS, and MICHAEL MARTIN ("Petitioners") in consideration of the mutual promises herein, recites, stipulates, and agrees as follows: I. Background. On May 13, 2026, Petitioners submitted a new application for licensure as a motor vehicle retail installment seller, pursuant to chapter 520, Florida Statutes. On May 29, 2026, the application was deemed complete. Based on disclosures made by Petitioners during the application process, the Office determined Petitioners engaged in unlicensed motor vehicle retail installment seller activity during the period of January 1, 2017, through May 13, 2026. Michael Martin is the President and Fifty (50) Percent Owner of Riva Yamaha South, Inc., d/b/a Riva Motorsports and Marine of the Keys. In lieu of initiating a formal proceeding, the parties are herein resolving the matters at issue. 2. Jurisdiction. The Office is the state agency charged with the administration and enforcement of chapter 520, Florida Statutes, and the rules promulgated thereunder. The Office
has jurisdiction to bring this administrative action against Petitioners pursuant to chapter 520, Florida Statutes. 3. Findings. For purposes of this Stipulation and Consent Agreement, Petitioners consent to the Office making a finding that during the period of January 1, 2017, through May 13, 2026. Petitioners engaged in unlicensed motor vehicle retail installment seller activity, in violation of sections 520.03(1) and 520.995(1), Florida Statutes. 4. Terms and Conditions. The parties agree that the issues raised can be expeditiously resolved without further litigation by the execution of this Stipulation and Consent Agreement. The parties acknowledge that they have read this Stipulation and Consent Agreement and fully understand the rights, obligations, terms, duties, and responsibilities with respect to its contents. Therefore, in compromise and settlement of the foregoing findings and in consideration of the Office's forbearance from further litigation, Petitioners agree to the following terms and conditions: a. FUTURE COMPLIANCE. Petitioners agree that it shall cease and desist from violations of chapter 520, Florida Statutes, and the rules promulgated thereunder, and comply with all provisions of chapter 520, Florida Statutes, and the rules promulgated thereunder. b. ADMINISTRATIVE FINE. Petitioners agree to pay the Office an administrative fine in the amount of Four Thousand Dollars ($4,000.00), to be paid at the time of the execution and delivery of this Stipulation and Consent Agreement. This administrative fine shall be submitted in the fonn of a wire, cashier's check, or money order made payable to "Office of Financial Regulation ". Such payment shall reference Case Number 139113 and shall be sent to the attention of Agency Clerk- c/o Attorney Carrie S. Franz, Post Office Box 8050, Tallahassee, Florida 32314-8050. Petitioners acknowledge
and agree that in accordance with section 215.31, Florida Statutes, regarding the deposit of monies, (i) the tendered fine or settlement check may be deposited in advance of full execution or acceptance of the Stipulation and Consent Agreement; and (ii) such deposit shall not be construed as a final acceptance of the Stipulation and Consent Agreement absent full execution thereof and entry of a Final Order adopting same. c. LICENSURE. The Office shall approve Petitioners' motor vehicle retail installment seller application and issue the license within one business day of the date of the Final Order adopting this Stipulation and Consent Agreement. 5. Final Order. Petitioners consent to the entry of a Final Order, which incorporates the terms of this Stipulation and Consent Agreement. Petitioners understand and agree that this Stipulation and Consent Agreement is subject to the final approval of the Office of Financial Regulation and the entry of the Final Order adopting such Agreement. In the event that the Final Order is not entered, this Stipulation and Consent Agreement shall be null and void. The Final Order incorporating this Stipulation and Consent Agreement constitutes final action by the Office for which the Office may seek enforcement pursuant to the provisions of chapters 520 and 120, Florida Statutes. 6. Waiver. By Petitioners' consent to the entry of a Final Order with respect to this proceeding, Petitioners waive: a) Any right to separately stated Findings of Fact and Conclusions of Law; b) Any right to receipt of a Notice of Rights pursuant to chapter 120, Florida Statutes; c) Any right to an administrative hearing or issuance of a Recommended Order pursuant to chapter 120, Florida Statutes; and
d) Any right to contest in any administrative forum or judicial proceeding (including, but not limited to, an appeal pursuant to section 120.68, Florida Statutes) the validity of any term, condition, obligation, or duty expressly created in this Stipulation and Consent Agreement and the Final Order. 7. Releases. Upon full execution of this Stipulation and Consent Agreement, Petitioners waive, release and forever discharge the Office and its agents, representatives and employees from any and all causes of action, in law or in equity, which Petitioners may have arising out of this matter. The Office accepts this release and waiver by Petitioners on behalf of itself, its agents, representatives, and employees without acknowledging, and expressly denying, that any such right or cause of action may exist. 8. Failure to Com plv. Petitioners acknowledge, concur, and stipulate that Petitioners' failure to comply with any of the terms, obligations and conditions of this Stipulation and Consent Agreement, and the Final Order adopting it, is a violation of the written agreement and the Final Order entered pursuant to chapters 120 and 520, Florida Statutes. Such non-compliance may result in the issuance of an emergency cease and desist order. However, nothing herein shall be construed to limit Petitioners' right to contest any finding or detennination of non-compliance. 9. Attorney's Fees. Each party herein shall be solely responsible for its separate costs and attorney's fees incurred in the prosecution, defense, or negotiations in this matter up to and including the entry of the Final Order adopting this Stipulation and Consent Agreement. 10. Sevcrabilih·. The parties agree that if any provision of this Stipulation and Consent Agreement or the application thereof to any person or circumstance is held invalid, the Stipulation and Consent Agreement will be given effect without the invalid provision, and to this end, the provisions of this Stipulation and Consent Agreement are declared severable.
RIVA YAL MAHA SOUTI NC., D/B/A RIVA MOTORSPORTS AND MARINE OF THE KEYS: Date: 7ft4:/ 2026 (Signature) Name: Michael Martin Title: President and Fifty (50) Percent Owner State of f \ov:i d q County of _U.iom·, - bade Michae] Martin, as President and Fifty (50) Percent Owner of Riva Yamaha South, Inc., d/b/a Riva Motorsports and Marine of the Keys, BEFORE ME by means of ij?physical presence or D onJine notarization, has sworn ( or affirmed) that he has read and understands the foregoing agreement and voluntarily signed the same. ~'JJJ:.,,. i#!-•J;;,"#-.. YESSENIA ANDREA GONZALEZ ~t6 ~j MYCOMMISSION#HH318703 ,,~,,,,,l,'._o't-·" EXPIRES: Seplember 11, 2028 1li'r1l1lt' Check the appropriate box: Personally known ~ OR Produced Identification D Type of identification produced O Driver's License D Passport D Other _____ _ (Do not include ID number)
MJCHAEL MARTIN: ~ - (Signature) Date:
Name: Michael Martin State of f \oy·1d ct County of ~{\CJ.rY) 1 -tnde Michael Martin, BEFORE ME by means of '¥f physical presence or O online notarization, has sworn ( or affirmed) that he has read and understands the foregoing agreement and voluntarily signed the same. SWORN TO AND SUBSCRIBED before me this__l1_ day of J \A,_l_j _ , 2026. Check the appropriate box: Personally known ~ OR Produced Identification D Type of identification produced D Driver's License 0 Passport D Other _ (Do not include ID number) JCE OF FINANCIAL REGULATION Grego~ ,~i!!,';fv Date: 7/26/2026 Division of Consumer Finance