Petitioner: OFFICE OF FINANCIAL REGULATION
Respondent: MONEY ENTERPRISES, INC.
Judges: DARREN A. SCHWARTZ
Agency: Office of Financial Regulation
Locations: Miami, Florida
Filed: Aug. 14, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 21, 2014.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
OFFICE OF FINANCIAL REGULATION
STATE OF FLORIDA,
OFFICE OF FINANCIAL REGULATION,
Petitioner,
Case No.: 0859-M-09/13
Ms 41 7108 2133 3938 9149 4b30
MONEY ENTERPRISES, INC.,
Respondent.
ADMINISTRATIVE COMPLAINT.
Comes now, the State of Florida, Office of Financial Regulation, (“Office”) and files this
Administrative Complaint against: MONEY ENTERPRISES, INC. (“Respondent”), alleging:
GENERAL ALLEGATIONS
1. Pursuant to section 560.105, Florida Statutes, the Office is charged with the
responsibility of administering and enforcing the provisions of Chapter 560, Florida Statutes.
2. Pursuant to section 560.109, Florida Statutes, the Office may conduct examinations
and investigations to determine whether any provision of Chapter 560, Florida Statutes, has been
violated.
3. Pursuant to section 560.114(1)(a), Florida Statutes, failure to comply with any
provision of Chapter 560, Florida Statutes, constitutes grounds for disciplinary action.
4. Respondent was at all times material to this Administrative Complaint, a Part III
Money Services Business licensee pursuant to Chapter 560, Florida Statutes, having been issued
license number FT30900531.
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5. Respondent's address of record with the Office is 3595 N.W. 54" Street, Miami,
Florida 33142 and its president and owner is Servilio Lezcano.
6. From about March 2013 to about September 2013, the Office conducted an
examination (#42115) of Respondent’s business records that included the period of March 2011
through March 2013.
COUNT I
7. The above general allegations are hereby realleged and fully incorporated herein by
reference.
8. As part of the examination, the Office reviewed or attempted to review financial
institution statements, including account holder information relative to Respondent’s activity
between March 2011 and March 2013 and reviewed Respondent’s application information
concerning disclosure of financial institution accounts.
9. Respondent failed to amend and update its financial information on Form 560-01
(License Application) to include its account at People’s Credit Union within thirty days of
obtaining the account. The Respondent obtained the account in or about August 2012.
10. Section 560.126(2), Florida Statutes provides:
A licensee must report, on a form adopted by rule, any change in the
information contained in an initial license application form, any
amendment to such application, or the appointment of an authorized
vendor within 30 days after the change is effective,
11. Form 560-01 is adopted by Rule 69V-560.1012(1)(a), Florida
Administrative Code and requires the disclosure of all accounts through which registered
activities are or will be conducted.
12. Pursuant to Rule 69V-560.1000(52), Florida Administrative Code, a
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licensee cited for violating section 560.126(2), Florida Statutes, for the first time is subject to an
“A” fine.
13. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for
an “A” fine is between $1,000 and $3,500.
14. Thus, Respondent unlawfully failed to timely amend its financial information, in
contradiction and violation of section 560.126(2), Florida Statutes.
COUNT I
15. The above general allegations are hereby realleged and fully incorporated herein by
reference.
16. Asa part of the examination, the Office reviewed records of quarterly reports which
were filed by Respondent.
17. A quarterly report for activity conducted in the fourth quarter of 2011 was not filed
within 45 days of that quarter’s end. Specifically, the quarter report was filed on February 15,
2012, one day late.
18. In 2008, the Office conducted a previous examination of Respondent's records,
number EX2008060005 (‘2008 examination”). Based on the findings from that examination,
Respondent entered into a Stipulation and Consent Agreement with the Office which was
incorporated and accepted by Final Order in Administrative Proceeding No. 0336-M-09/09,
entered on October 15, 2009 (“2009 Stipulation”). In that stipulation, Respondent consented to a
finding that it failed to timely file two quarterly reports with the Office.
19. Section 560.1105, Florida Statutes, provides in part:
Each licensee and its authorized vendors must maintain all books,
accounts, documents, files, and information necessary for determining
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compliance with this chapter and related rules for 5 years unless a longer
period is required by other state or federal law.
20. Section 560.118(2), Florida Statutes provides in part that “[eJach licensee must
submit quarterly reports to the office in a format and include information as specified by rule.”
21. Rule 69V-560.602, Florida Administrative Code provides:
Every money services business licensed pursuant to Chapter 560, F.S.,
shall submit a quarterly report to the Office by filing a completed Form
OFR-560-04, Money Services Business Quarterly Report Form, which is
incorporated by reference in Rule 69V-560.1012, F.A.C. A completed
quarterly report form shall be received by the Office no later than forty-
five (45) days after the conclusion of each quarter. Should the forty-fifth
day fall on a Saturday, Sunday or holiday, the reports must be received by
the Office no later than the next business day. A report is “past due” if it
is received by the Office one or more days beyond the period set forth in
this rule.
22. Pursuant to Rule 69V-560.1000(39), Florida Administrative Code, a licensee cited
for violating section 560.118(2), Florida Statutes, for the second time is subject to an “B” fine
and an “B” suspension.
23. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for a
“B” fine is between $3,500 and $7,500; and, pursuant to Rule 69V-560.1000(151), Florida
Administrative Code, the range for a “B” suspension is 10 to 20 days.
24. Thus, Respondent unlawfully failed to timely file its quarterly report for the fourth
quarter of 2011, in contradiction and violation of section 560.118(2), Florida Statutes and Rule
69V-560.602, Florida Administrative Code.
COUNT Ill
25. The above general allegations are hereby realleged and incorporated by reference as
if fully stated herein.
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26. Asa part of the examination, the Office reviewed records of payment instruments
exceeding $1,000.00 that were presented to Respondent for negotiation or payment, specifically
including customer files.
27. In or about ten instances between March 2011 and March 2013, all required
information relative to customer files associated with presentment or negotiation of corporate
checks was not provided or maintained.
28. Section 560.1105, Florida Statutes, provides in part:
Each licensee and its authorized vendors must maintain all books,
accounts, documents, files, and information necessary for determining
compliance with this chapter and related rules for 5 years unless a longer
period is required by other state or federal law.
29. Section 560.310, Florida Statutes (2012) provides in part:
(1) A licensee engaged in check cashing must maintain for the period
specified in s. 861.1105 a copy of each payment instrument cashed.
(2) If the payment instrument exceeds $1,000, the following additional
information must be maintained:
* ek *K
(a) Customer files, as prescribed by rule, on all customers who cash
corporate payment instruments that exceed $1,000.
30. Rule 69V-560.704, Florida Administrative Code further provides in part:
(4) In addition to the records required in subsections (1) and (2), for
payment instruments exceeding $1,000.00, the check casher shall:
* * *
(d) Create and maintain a customer file for each entity listed as the payee
on corporate payment instruments and third party payment instruments
accepted by the licensee. Each customer file must include, at a minimum,
the following information:
1. Documentation from the Secretary of State verifying registration as a
corporation or fictitious entity showing the listed officers and FEID
registration number. If a sole proprietor uses a fictitious name or is a
natural person, then the customer file shall include the social security
number of the business owner and documentation of the fictitious name
filing with the Secretary of State.
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2. Articles of Incorporation or other such documentation which establishes
a legal entity in whatever form authorized by law. For purposes of this rule
a sole proprietor operating under a fictitious name registered with the
Secretary of State shall not have to present such documentation.
3. Documentation of the occupational license from the county where the
entity is located.
4. A copy of the search results screen page from Compliance Proof of
Coverage Query Page webpage from the Florida Department of Financial
Services - Division of Workers’ Compensation _ website
(http://www. fldfs.com/WCAPPS/Compliance _POC/wPages/query.asp).
5. Documentation of individuals authorized to negotiate payment
instruments on the corporation or fictitious entity’s behalf including
corporate resolutions or powers of attorney. Payment instruments for
insurance claims where there are multiple payees shall be exempt from
this provision provided that the maker of the check is an insurance
company and the licensee has obtained and retained documentation as to
the identity of the natural person listed as a payee on such payment
instrument.
(e) Review and update all active customer files at least annually. The
required review and update shall be attested to by the compliance officer
or their designee, and such documentation shall be maintained within each
customer’s file. For purposes of this rule it shall not be necessary to update
dormant customer files. Should a customer previously identified as being
dormant, resume transacting business with the licensee, the customer file
information shall be updated before accepting any payment instrument.
31. Pursuant to Rule 69V-560.1000(95), Florida Administrative Code, a licensee
cited for violating section 560.310(1)(a).', Florida Statutes, for the first time is subject to a “B”
fine and a “B” suspension.
32. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for a
“B” level fine is between $3,500 and $7,500; and, pursuant to Rule 69V-560.1000(151), Florida
Administrative Code, the range for a “B” suspension is 10 to 20 days.
' For the time period relevant to the examination, section 560.310(1)(a), FS pertaining to the required maintenance
of customer files was found at section 560.310(2)(a), FS (2012).
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33. Thus, Respondent unlawfully failed properly maintain required customer files in or
about ten instances between March 2011 and March 2013, where payment instruments exceeding
$1,000 were presented for negotiation or payment, in contradiction of section 560.310, Florida
Statutes.
COUNT IV
34, The above general allegations are hereby realleged and incorporated by reference as
if fully stated herein.
35. Asa part of the examination, the Office reviewed records of payment instruments
exceeding $1,000.00 that were presented to Respondent for negotiation or payment, specifically
including records of customer thumbprints.
36. In at least twenty-five instances of the approximately 261 checks over $1,000
between March 2011 and March 2013 that were reviewed, there were no corresponding
thumbprint records maintained by Respondent.
37. Section 560.1105, Florida Statutes, provides in part:
Each licensee and its authorized vendors must maintain all books,
accounts, documents, files, and information necessary for determining
compliance with this chapter and related rules for 5 years unless a longer
period is required by other state or federal law.
38. Section 560.310, Florida Statutes (2012) provides in part:
(1) A licensee engaged in check cashing must maintain for the period
specified in s. 560.113 a copy of each payment instrument cashed.
(2) If the payment instrument exceeds $1,000, the following additional
information must be maintained:
* ek *
(c) A thumbprint of the customer taken by the licensee when the payment
instrument is presented for negotiation or payment.
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39. Rule 69V-560.704, Florida Administrative Code further provides in part:
(4) In addition to the records required in subsections (1) and (2), for
payment instruments exceeding $1,000.00, the check casher shall:
(a) Affix an original thumbprint of the conductor to the original of each
payment instrument accepted which is taken at the time of acceptance;
(b) Secure and maintain a copy of the original payment instrument,
including the thumbprint of the conductor;
40. Pursuant to Rule 69V-560.1000(97), Florida Administrative Code, a licensee
cited for violating section 560.310(1)(b)2.”, Florida Statutes, for the first time is subject to a “B”
fine and a “B” suspension.
41. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for a
“B” level fine is between $3,500 and $7,500; and, pursuant to Rule 69V-560.1000(151), Florida
Administrative Code, the range for a “B” suspension is 10 to 20 days.
42. Thus, Respondent unlawfully failed to maintain thumbprint records in at least
twenty-five instances between March 2011 through March 2013, where payment instruments
exceeding $1,000 were presented for negotiation or payment, in contradiction of section 560.310,
Florida Statutes.
COUNT V
43. The above general allegations are hereby realleged and fully incorporated
herein by reference.
44. Asa part of the examination, the Office reviewed or attempted to review
? For the time period relevant to the examination, section 560.310(1)(b)2, FS pertaining to the required maintenance
of thumbprints was found at section 560.310(2)(c), FS (2012).
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records of payment instruments exceeding $1,000 that were presented to Respondent for
negotiation or payment, specifically including Respondent's electronic log of payment
instruments received.
45. Respondent failed to maintain an electronic payment instrument log which reported
aggregate payment instruments which totaled $1,000 or greater.
46. Section 560.1105, Florida Statutes, provides in part:
Each licensee and its authorized vendors must maintain all books,
accounts, documents, files, and information necessary for determining
compliance with this chapter and related rules for 5 years unless a longer
period is required by other state or federal law.
47. Section 560.310, Florida Statutes (2012), provides in part:
(1) A licensee engaged in check cashing must maintain for the period
specified in s. 560.1105 a copy of each payment instrument cashed.
(2) If the payment instrument exceeds $1,000, the following additional
information must be maintained:
* * *
(d) A payment instrument log that must be maintained electronically as
prescribed by rule. For purposes of this paragraph, multiple payment
instruments accepted from any one person on any given day which total
$1,000 or more must be aggregated and reported on the log.
48. Rule 69V-560.704(5), Florida Administrative Code provides:
(a) In addition to the records required in subsections (1) and (2) for
payment instruments $1,000.00 or more, the check casher shall create and
maintain an electronic log of payment instruments accepted which
includes, at a minimum, the following information:
1. Transaction date;
2. Payor name;
3. Payee name;
4. Conductor name, if other than the payee;
5. Amount of payment instrument;
6. Amount of currency provided;
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7. Type of payment instrument;
a. Personal check;
b. Payroll check;
c. Government check;
d. Corporate check;
e. Third party check; or
f. Other payment instrument;
8. Fee charged for the cashing of the payment instrument;
9. Branch/Location where instrument was accepted;
10. Identification type presented by conductor; and
11. Identification number presented by conductor.
(b) Electronic logs shall be maintained in an electronic format that is
readily retrievable and capable of being exported to most widely available
software applications including Microsoft EXCEL.
49. Pursuant to Rule 69V-560.1000(98), Florida Administrative Code, a licensee
cited for violating section 560.310(1)(c)°, Florida Statutes, for the first time is subject to a “B”
fine and a “B” suspension.
50. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range
for a “B” fine is between $3,500 and $7,500; and, pursuant to Rule 69V-560.1000(151), Florida
Administrative Code, the range for a “B” suspension is 10 to 20 days.
51. Thus, Respondent unlawfully failed to maintain a complete electronic log of
Payment instruments accepted between March 2011 through March 2013, where instruments
exceeding $1,000 were presented for negotiation or payment, in contradiction and violation of
section 560.310, Florida Statutes.
COUNT VI
52. The above general allegations are hereby realleged and fully incorporated herein by
* For the time period relevant to the examination, section 560.3 10(1)(c), FS pertaining to the required maintenance
of the electronic log was found at section 560.3 10(2)(d), FS (2012).
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reference.
53. Asa part of the examination, the Office reviewed records of financial transactions
involving currency or other payment instruments with a value greater than $10,000 and the
licensee’s reporting of such transactions.
54. In 2008, the Office conducted a previous examination of Respondent’s records,
number EX2008060005 (“2008 examination”). Based on the findings from that examination,
Respondent entered into a Stipulation and Consent Agreement with the Office which was
incorporated and accepted by Final Order in Administrative Proceeding No. 0336-M-09/09,
entered on October 15, 2009 (“2009 Stipulation”). In that settlement, Respondent consented to a
finding that it failed to timely file at least ninety-seven (97) required CTR’s with FinCEN.
55. Respondent failed to timely file a Currency Transaction Report (“CTR”) in
approximately thirty-six instances for transactions between March 2011 and March 2013. The noted
CTR’s were each filed between approximately 5 and 55 days late.
56. Section 560.123(3)(c), Florida Statutes, requires a money service business to file a
report concerning each financial transaction which it knows to involve currency or other
payment instrument with a value greater than $10,000 and deems the requirement fulfilled when
the money services business files the information on a CTR with FinCEN.
57. Section 560.1235(1), Florida Statutes provides that “[a] licensee and authorized
vendor must comply with all state and federal laws and rules relating to the detection and
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prevention of money laundering, including, as applicable, s. 560.123, and 31 C.F.R. ss. 103.20,
103.22, 103.23, 103.27, 103.28, 103.29, 103.33, 103.37, and 103.41."
58. 31 C.F.R. section 103.22(b)(1) provides in part:
Each financial institution other than a casino shall file a report of each
deposit, withdrawal, exchange of currency or other payment or transfer, by,
through, or to such financial institution which involves a transaction in
currency of more than $10,000, except as otherwise provided in this section.
59. 31 CFR. section 103.27(a)(1) provides that “a report required . . . shall be filed
by the financial institution within 15 days following the day on which the reportable transaction
occurred.”
60. Pursuant to Rules 69V-560.1000(41) and (43), Florida Administrative Code,
a licensee cited for violating section 560.123(3) and/or 560.1235(1), Florida Statutes,
respectively, for the second time is subject to a “B” fine, a “B” suspension and/or revocation of
its license.
61. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for an
“B” fine is between $3,500 and $7,500; and, pursuant to Rule 69V-560.1000(151), Florida
Administrative Code, the range for a “B” suspension is 10 to 20 days.
* On March 1, 2011, FinCEN transferred its regulations from 31 CFR Part 103 to 31 CFR Chapter X as part of an
ongoing effort to increase the efficiency and effectiveness of its regulatory oversight. 31 CFR Chapter X is
organized by generally applicable regulations and by industry-specific regulations. There have been no substantive
changes made to the underlying regulations as a result of this transfer and reorganization. For example, 31 C.F.R.
s.103.22(6)(1) is now known as 31.C.F.R. s. 1022.311. Citations throughout this complaint shall be to pre-
transferred references. A complete listing of transferred citations can be accessed at:
http://www. fincen.gov/statutes_regs/ChapterX/ChapterX Calculator.html?fi=msb.
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62. Thus, Respondent unlawfully failed to timely file approximately thirty-six required
CTRs for transactions between March 2011 and March 2013, in contradiction and violation of
sections 560.123(3) and 560.1235(1), Florida Statutes.
COUNT VII
63. The above general allegations are hereby realleged and fully incorporated
herein by reference.
64. As part of the examination, the Office reviewed or attempted to review endorsements
on payment instruments cashed by Respondent between March 2011 and March 2013.
65. A review of payment instruments which were obtained for March 2011 through
March 2013 revealed that Respondent failed to endorse all payment instruments which it
accepted.
66. Section 560.309(2), Florida Statutes provides: “[a]t the time a licensee accepts a
payment instrument that is cashed by the licensce, the payment instrument must be endorsed
using the legal name under which the licensee is licensed.”
67. Rule 69V-560.704, Florida Administrative Code, provides in part:
(2) Every check casher shall maintain legible records of all payment
instruments cashed. The records shall include the following information
with respect to each payment instrument accepted by the registrant:
(a) A copy of all payment instruments accepted and endorsed by the
licensee to include the face and reverse (front and back) of the payment
instrument. Copies shall be made after each payment instrument has been
endorsed with the legal name of the licensee. Endorsements on all
payment instruments accepted by the check casher shall be made at the
time of acceptance.
68. Pursuant to Rule 69V-560.1000(84), Florida Administrative Code, a licensee
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cited for violating section 560.309(2), Florida Statutes, for the first time is subject to a “B” fine
and a “B” suspension.
69. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range
for a “B” fine is between $3,500 and $7,500; and, pursuant to Rule 69V-560.1000(151), Florida
Administrative Code, the range for a “B” suspension is 10 to 20 days.
70. Thus, Respondent unlawfully failed to endorse all payment instruments
accepted between March 2011 and March 2013, in contradiction and violation of section
560.309(2), Florida Statutes and Rule 69V-560.704(2)(a), Florida Administrative Code.
COUNT Vil
71. The above general allegations are hereby realleged and fully incorporated
herein by reference.
72. As part of the examination, the Office reviewed or attempted to review records
summarizing each day’s activities and reconciling cash on hand at the close of business for the
period of March 2011 through March 2013.
73. Respondent failed to provide a complete daily cash reconciliation summarizing each
day’s check cashing activities and reconciling cash on hand at the close of business for the period
of March 2011 through March 2013.
74. Section 560.114(1)(e), Florida Statutes provides that the following action bya
money services business or affiliated party also constitutes grounds for discipline as specified in
section 560.114(1), Florida Statutes:
Failure to maintain, preserve, keep available for examination, and produce
all books, accounts, files, or other documents required by this chapter or
related rules or orders, by 31 C.F.R. ss. 103.20, 103.22, 103.23, 103.27,
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103.28, 103.29, 103.33, 103.37, 103.41, and 103.125, or by any agreement
entered into with the office.
75. Section 560.1105, Florida Statutes further provides in part:
Each licensee and its authorized vendors must maintain all books,
accounts, documents, files, and information necessary for determining
compliance with this chapter and related rules for 5 years unless a longer
period is required by other state or federal law.
(1) The records required under this chapter may be maintained by
the licensee at any location identified in its license application or by
amendment to the application. The licensee must make such records
available to the office for examination and investigation in this state
within 3 business days after receipt of a written request.
76. Rule 69V-560.704(3)(b), Florida Administrative Code provides in part:
(3) The following additional information shall be maintained:
* * *
(b) A daily summary of the business activities including the following
documents:
* k *
3. A daily cash reconciliation summarizing each day’s activities and
reconciling cash on hand at the close of business. The daily cash
reconciliation shall be sufficiently detailed to provide an audit trail of each
day’s business activity. Where the licensee provides multiple business
services through the same legal entity the daily cash reconciliation shall be
maintained in such manner as to separate business activities such as check
cashing.
77, Pursuant to Rule 69V-560.1000(5)(16), Florida Administrative Code, a licensee cited
for violating section 560.1105 or 560.114(1)(e), Florida Statutes for the first time is subject to an
“A” fine, and “A” suspension and/or revocation
78. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for an
“A” fine is $1,000 - $3,500; and pursuant to Rule 69V-560.1000(151), Florida Administrative
Code, the range for an “A” suspension is 3 to 10 days.
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79. Thus, Respondent unlawfully failed to a complete daily cash reconciliation, in
contradiction and violation of sections 560.1105 and 560.1 14(1)(e), Florida Statutes and Rule
69V-560.704(3)(b), Florida Administrative Code.
WHEREFORE, Respondent, MONEY ENTERPRISES, INC. is hereby notified that the
Office intends to enter an Order to Cease and Desist; revoking its license; and imposing a fine of
$32,300.
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 Fax OR By Hand Delivery
Office of Financial Regulation Office of Financial Regulation
P.O. Box 8050 General Counsel’s Office
Tallahassee, FL 32314-8050 The Fletcher Building, Suite 118
Phone: (850) 410-9987 101 East Gaines Street
Fax: (850) 410-9914 Tallahassee, FL 32399-0379
Phone: (850) 410-9987
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.
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You may not make an oral request for an administrative hearing. With regard to a written
Tequest, if you fail to follow the outlined procedure, your Tequest 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.
DATED and SIGNED this _25!" day of February, 2014.
DREW J. BREAKSPEAR
Commissioner
By Aa Y Dass
Scott A. Tavoliert
Assistant General Counsel
Office of Financial Regulation
Fla. Bar No. 090239
400 W. Robinson St., S-225
Orlando, Florida 32801-1799
(407) 245-0608; fax (407) 245-0806
scott.tavolieri@flofr.com
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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, Retum Receipt Requested to Money
Enterprises, Inc., attention Servilio Lezcano, president, at 3595 N.W. 54” Street, Miami, Florida
33142, this 254 day of February, 2014.
Sy
Assistant General Counsel
Office of Financial Regulation
Fla. Bar No. 090239
400 W. Robinson St., S-225
Orlando, Florida 32801-1799
(407) 245-0608; fax (407) 245-0806
scott.tavolieri@flofr.com
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STATE OF FLORIDA
OFFICE OF FINANCIAL REGULATION
0859-M-09/13
MONEY ENTERPRISES, INC.
3595 N.W. 54™ STREET
MIAMI, FL 33142
ELECTION OF PROCEEDING
| have received and read the Administrative Complaint, including the Notice of Rights, filed by the Office
of Financial Regulation (“Office”) regarding the above-referenced licensee. As the licensee or the
authorized representative of the licensee, | am requesting disposition as indicated below. (CHECK A BOX
FOR NUMBER 1, 2, OR 3)
se
[ ] | do not dispute any of the Office’s factual allegations and application of the law as stated in the
Administrative Complaint. Therefore, | do not request a hearing in this matter. | understand that
upon my waiving the right to a hearing, the Office may enter a final order adopting the
Administrative Complaint and imposing the sanctions authorized by Florida law, including, but not
limited to, suspending or revoking the license, and/or imposing an administrative fine.
| do not dispute any of the Office’s factual allegations but dispute the Office’s application of the law
to those factual allegations, and request disposition of this matter pursuant to Section 120.57(2),
Florida Statutes. | request to (CHECK ONE OF THE FOLLOWING OPTIONS):
{ ] Submit a written statement and supporting documents to an Office of Financial Regulation
Hearing Officer in lieu of an informal proceeding; OR
[ ] In person, attend an informal proceeding conducted by an Office of Financial Regulation
Hearing Officer in Tallahassee, Florida; OR
[ ] By telephone conference call, attend an informal proceeding conducted by a Hearing Officer.
[ ]! do dispute one or more of the Office’s factual allegations. | request a formal hearing pursuant
to section 120.57(1), Florida Statutes, before the Division of Administrative Hearings. Pursuant to
the requirements of Rule 28-106.2015(5)(c), Florida Administrative Code, | am attaching the material
facts that | dispute (SEE PAGE 2).
TO PRESERVE YOUR RIGHTS, A RESPONSE FROM YOU MUST BE RECEIVED BY THE OFFICE OF
FINANCIAL REGULATION NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST (21) DAY AFTER YOUR
RECEIPT OF THE ADMINISTRATIVE COMPLAINT.
The address for filing your response is: P.O. Box 8050, Tallahassee, Florida 32314-8050. If hand delivery is
preferred, the physical address is: General Counsel’s Office, The Fletcher Building, Suite 118, 101 E. Gaines Street,
Tallahassee, FL 32399.
Signature of Licensee or Authorized Mailing Address
Representative
Printed Name & Title City State Zip
Date E-mail Address Telephone Number Fax Number
Date Administrative Complaint Received:
Election of Proceeding
Page 1 of 2
STATE OF FLORIDA
OFFICE OF FINANCIAL REGULATION
0859-M-09/13
MONEY ENTERPRISES, INC.
3595 N.W. 54™ STREET
MIAMI, FL 33142
**YOU ARE TO COMPLETE THE FOLLOWING ONLY IF YOU HAVE CHECKED NUMBER 3 ON THE
PRECEDING PAGE. If you need more space, you may provide additional pages.
As the licensee or the authorized representative of the licensee, | am disputing the following material
facts as they were set forth in the Administrative Complaint:
(CHECK ONLY ONE BOX BELOW) As the licensee or the authorized representative of the licensee, | am
requesting that the Office:
[ ] Immediately send the dispute to the Division of Administrative Hearings for resolution; or
[ ] immediately designate a representative to engage in settlement negotiations. As such, | understand
that at any time, the Office may cease negotiating and immediately send the dispute to the Division of
Administrative Hearings for resolution or; at any time, the licensee may cease negotiating and, in
writing, request the Office immediately send the dispute to the Division of Administrative Hearings for
resolution.
Signature of Authorized Representative Date
Election of Proceeding
Page 2 of 2
Docket for Case No: 14-003725
Issue Date |
Proceedings |
Aug. 21, 2014 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Aug. 21, 2014 |
Joint Motion to Relinquish Jurisdiction filed.
|
Aug. 14, 2014 |
Initial Order.
|
Aug. 14, 2014 |
Administrative to Complaint, Affirmative Defenses, Request for Formal Hearing, and Request for Dismissal filed.
|
Aug. 14, 2014 |
Election of Proceeding filed.
|
Aug. 14, 2014 |
Administrative Complaint filed.
|
Aug. 14, 2014 |
Agency referral filed.
|