STATE OF FLORIDA : OFFICE OF FINANCIAL REGULATION In Re: LIGHTEN UP, INC. d/b/a Administrative Proceedigg Docket ONE STOP SHOP, Number: 64489 DEBORAH L. STEFFLER, and ; 43 MARK A. STEFFLER, | ly- | ¢ Respondents. ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against LIGHTEN UP, INC. d/b/a ONE STOP SHOP, DEBORAH L. STEFFLER, and MARK A. STEFFLER, (together “Respondents”), and alleges: GENERAL ALLEGATIONS 1. Pursuant to sections 560.105 and 560,109, Florida Statutes, the Office is charged with administering and enforcing the provisions of Chapter 560, Florida Statutes, and conducting examinations and investigations to determine whether any provision of Chapter 560, Florida Statutes, has been violated. 2. Pursuant to section 560.114(1)(a), Florida Statutes, failure to comply with any provision of Chapter 560, Florida Statutes or related rule constitutes grounds for disciplinary action, 3. At all times material hereto, Respondents are or have been a Part II] Money Transmitter licensee pursuant to Chapter 560, Florida Statutes, and specifically a “money services business,” as defined in §560.103(22), Florida Statutes, having been issued license Page 1 of 10 ATTACHMENT t number FT340000654. Deborah L. Steffler and Mark A. Steffler are Officers of the company, and are “Affiliated” parties as those terms are defined in sections 506.103(26) and (1), Florida Statutes. 2. At all times material, Respondents’ address of record is and has been 8108 US Highway 1, Vero Beach, FL 32967. . 3. On or about April 22, 2015, the Office commenced an examination (#59701) of Respondent’s records and business operations for the time period of January 1, 2014 through March 31, 2015 (the “examination period”). . 4. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for an “A” level fine is between $1,000 and $3,500; and pursuant to Rule 69V-560.1000(151), Florida Administrative Code, the range for an “A” level suspension is 3 to 10 days. 5. 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” level suspension is 10 to 20 days. 6. During the examination period, Respondents conducted money services business as a check casher, COUNT I 7. The above general allegations 1 through 6 are hereby re-alleged and incorporated by reference as though fully stated herein. 8. Section 560.309(2), Florida Statutes, and Rule 69V-560.704(2), Florida Administrative Code, require a licensee to endorse payment instruments that are accepted or cashed by the licensee using the legal name under which the licensee is licensed. Page 2 of 10 9. In violation of section 560.309(2), Florida Statutes, and Rule 69V-560.704(2),. Florida Administrative Code, Respondents failed to endorse payment instruments using the legal name under which Respondent, Lighten Up, Inc. d/b/a One Stop Shop, is licensed. 10. Pursuant to Rule 69V-560.1000(84), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.309(2), Florida Statutes, is subject to a “B” level fine and a “B” level suspension. ll. Therefore, the Office is seeking a $7,500 administrative fine and a 20-day license suspension. COUNT 2 12, The above general allegations 1 through 6 are hereby re-alleged and incorporated by reference as though fully stated herein. 13. Section 560.310(2)(a), Florida Statutes, and Rule 69V-560.704(4)(d), Florida Administrative Code, require a licensee to maintain customer files on all customers who cash corporate or third-party instruments that exceed $1,000. 14. In violation of section 560.310(2)(a), Florida Statutes, and Rule 69V- 560.704(4)(d), Florida Administrative Code, Respondents failed to maintain customer files on customers who cash corporate or third-party instruments that exceed $1,000. 15. Pursuant to Rule 69V-560.1000(95), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.310(2)(a), Florida Statutes, is subject to a “B” level fine and “B” level suspension 16, Therefore, the Office is seeking a $7,500 administrative fine and a 20-day license suspension. Page 3 of 10 COUNT 3 17, The above general allegations 1 through 6 are hereby re-alleged and incorporated: by reference as though fully stated herein. 18. Section 560.310(2)(a), Florida Statutes, and Rule 69V-560.704(4)(e), Florida Administrative Code, require that the compliance officer review customer files annually and attest to the annual review. 19. Rule 69V-560.704(4)(e), Florida Administrative Code., requires that a licensee review and update all active customer files at least annually, and further requires that the compliance officer attest to the review and update. 20. In violation of section 560.310(2)(a), Florida Statutes, and Rule 69V- 560.704(4)(e), Florida Administrative Code, Respondents failed to review and update customer files annually, and consequently the compliance officer failed to attest to the review. 21. Pursuant to Rule 69V-560.1000(95), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.310(2)(a), Florida Statutes, and Rule 69V-560.704(4)(e), Florida Administrative Code, is subject to a “B” level fine and “B” level suspension. 22. Therefore, the Office is seeking a $7,500 administrative fine and a 20-day license suspension. COUNT 4 23, The above general allegations 1 through 6 are hereby re-alleged and incorporated by reference as though fully stated herein. Page 4 of 10 24. — Section 560.310(2)(c), Florida Statutes, and Rules 69V-560.704(4)(a), and (b), Florida Administrative Code, require a licensee to obtain and maintain a thumbprint of the conductor when the instrument exceeds $1,000. 25. _ In violation of section 560.310(2)(c), Florida Statutes, and Rules 69V-560.704(a) and 69V-560.704(b), Florida Administrative Code, Respondents failed to obtain and maintain thumbprints of conductors for instruments exceeding $1,000. 26. Pursuant to Rule 69V-560.1000(97), Florida Administrative Code, a licensee cited for the first time for failing to comply with §560.310.(2)(c), Florida Statutes, or Rules 69V- 560.704(a) and (b), Florida Administrative Code, is subject to an “B” level fine and “B” level license suspension 27. ‘Therefore, the Office is seeking a $5,300 administrative fine and a 14-day license suspension. COUNT 5 28. The above general allegations 1 through 6 are hereby re-alleged and incorporated by reference as though fully stated herein. 29. Section 560.310(2)(d), Florida Statues, and Rule 69V-560.704(5)(a), and (5)(b), Florida Administrative Code, require a licensee to maintain an electronic log that reports aggregate payment instruments for checks cashed in an amount exceeding $1,000, and containing all the information required by Rule 69V-560.704(5)(a), and (5)(b), Florida Administrative Code. 30. In violation of section 560.310(2)(d), Florida Statutes and Rules 69V- 560.704(5)(a), and (5)(b), Florida Administrative Code, Respondents failed to maintain an electronic log containing all required information. Page § of 10 31. Pursuant to Rule 69V-560.1000(98), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.310(2)(d), Florida Statutes, or Rule 69V- 560.704(5){a), and (5)(b), Florida Administrative Code, is subject to a “B” level fine and “B” level license suspension. 32, Therefore, the Office is seeking a $4,600 administrative fine and a 13-day license suspension. COUNT 6 33. The above general allegations 1 through 6 are hereby re-alleged and incorporated by reference as though fully stated herein. 34. Sections 560.310(1) and 560.114(1)(a), Florida Statutes, and Rule 69V- 560.704(2)(a), require the licensee to maintain front and back copies of each payment instrument cashed, 35. — Rule 69V-560.704(2)(a) requires that a licensee copy and maintain copies of both the front and back of all payment instruments. 36. In violation of sections 560.310(1) and 560.114(1)(a), Florida Statutes, and Rule 69V-560.704(2)(a), Respondents failed to maintain copies of the front and back of each payment instrument. 37. A licensee cited for the first time for failing to comply with sections 560.310(1) and 560.114(1)(a), Florida Statutes, and Rule 69V-560.704(2)(a), is subject to a “B” level fine and “B” level license suspension. 38. Therefore, the Office is seeking an administrative fine of $3,700 and a 10-day license suspension. Page 6 of 10 COUNT 7 39. The above general allegations 1 through 6 are hereby re-alleged and incorporated by reference as though fully stated herein. - 40. Section 560.310(2)(b), Florida Statues, and Rule 69V-560.704(4)(c), Florida Administrative Code, require a licensee to maintain a copy of the personal identification used by the conductor for all checks having a face value exceeding $1,000. 41. In violation of section 560.310(2)(b), Florida Statues and Rule 69V- 560.704(4)(c), Florida Administrative Code, Respondents failed to maintain a copy of the personal identification used by the conductor for checks having a face value exceeding $1,000. 42. Pursuant to Rule 69V-560.1000(96), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.310(2)(b), Florida Statutes, is subject to a “B” level fine and “B” level license suspension. 43. Therefore, the Office is seeking a $3,500 administrative fine and a 10-day license suspension. COUNT 8 44, The above general allegations 1 through 6 are hereby re-alleged and incorporated by reference as though fully stated herein. 45. Section 560.123(3)(c), Florida Statutes, requires a licensee to file a Currency Transaction Report (“CTR”) for every transaction specified in section 560.123(3), Florida Statutes. 46. In violation of section 560.123(3)(c), Florida Statutes, Respondents failed to file CTR’s as required. Page 7 of 10 47. Pursuant to Rule 69V-560.1000(41), Florida Administrative Code, a licensee cited for the first time for failing to comply with Section 560.560.123(3)(c), Florida Statutes, is subject to.an “A” level fine and “A” level license suspension. 48. Therefore, the Office is seeking a $1,700 administrative fine and a 5-day license suspension. COUNT 9 49. The above general allegations 1 through 6 are hereby re-alleged and incorporated by reference as though fully stated herein. 50. Section 560.126(2), Florida Statutes, requires that each licensee report to the Office a change in application or renewal information within 30 days of a change. 51. Respondents changed bank accounts used in the check cashing business, which is information required as part of a licensee’s application for, or renewal of, its license by opening Wells Fargo account (last 4 numbers) 9584 and Commerce West account (last 4 numbers) 0746 52. In violation of section 560.126(2), Florida Statutes, Respondents failed to report the changes in bank accounts within 30 days of the dates of change for each of two accounts. 53. Pursuant to Rule 69V-560.1000(52), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.126(2), Florida Statutes, is subject to an “A” level fine. 54. Therefore, the Office is seeking an administrative fine of $1,000. WHEREFORE, Respondents Lighten Up, Inc., Deborah L. Steffler, and Mark A. Steffler, are hereby notified that the Office intends to enter an Order imposing an administrative fine of $42,300 and suspending license no. FT340000654 for one hundred twelve (112) days. Page 8 of 10 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 §§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. 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 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. Page 9 of 10 Mediation of this matter pursuant to,§120.573, Florida Statutes, is not available. DATED and SIGNED this_ 22 day of February, 2016. DREW J. BREAKSPEAR Commissioner By: iy ‘ansen Assistant General Counsel Office of Financial Regulation Fla. Bar No. 0994571 200 E. Gaines Street Tallahassee, FL 32399-0379 Telephone: 850.410.9554 Email: scott.fransen@flofr.com CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been served by U.S. certified mail to LIGHTEN UP, INC,, d/b/a ONE STOP SHOP, DEBORAH L. STEFFLER, and MARK A. STEFFLER, 8108 US Highway 1, Vero Beach, FL 32967, this DEH Say of Fe| rn 2016. earn, _— cott R. Fransen 41 7199 4991 7035 0631 2506 Page 10 of 10 OFFICE OF FINANCIAL REGULATION Admin. Proc. #64489 Lighten Up, Inc. (¢] ING T 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) 1. [ ] Ido not dispute any of the Office’s factual allegations and application of the law. Therefore, 1 do not request a hearing. I 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, as appropriate. ' 2. 1 do not dispute any of the Office's factual allegations but dispute the Office’s application of the law. I request ta (CHECK ONE OF THE FOLLOWING OPTIONS): [ ] Submit a written statement with supporting documentation to a Hearing Officer in lieu of a hearing; OR [ ] Im person, attend a hearing conducted by a Hearing Officer; OR [ ] By telephone conference call, attend a hearing conducted by a Hearing Officer. 3. [ ] 1 do dispute one or more of the Office’s factual allegations. ! request a formal section 120.57(1), Florida Statutes hearing 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 1 dispute (SEE PAGE 2). TO PRESERVE THE RIGHT TO A HEARING, A RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION WITHIN TWENTY-ONE (21) DAYS OF THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE 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. The address for filing 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 Mailing Address Authorized Representative Printed Name & Title City State zip Date E-mail Address Telephone Number Fax Number Date Administrative Complaint Received: Page 11 of 12 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION Admin. Proc. #64489 Lighten Up, Inc. **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: Signature of Licensee or Authorized Representative Date Page 12 of 12

Docket for Case No: 16-001853