ATTACHMENT I STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION IN RE: DANDO Y DANDO EXPRESS, LLC, Administrative Proceeding d/b/a LA FORMULA, Docket Number: 88706 YESENIA M. ROMERO, and NANCY MEJIA-ROMERO, Respondents. ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against DANDO Y DANDO EXPRESS, LLC, d/b/a LA FORMULA (“Dando”) YESENIA M, ROMERO (“Romero”), and NANCY MEJIA-ROMERO (‘Mejia’) (together “Respondents”), alleging: NERAL ATIO 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. ee 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, Dando has been a Part III money services business licensee pursuant to chapter 560, Florida Statutes, as defined in section 560.103(22), Florida Statutes, having been issued license number FT340000768 on November 12, 2013. Dando’s license enabled it to operate as a check casher. 4, Dando’s address of record with the Office is 622 W. Jefferson St., Suite A, Quincy, FL 32351. 5. At all times material hereto, Romero was the owner of Dando, and Mejia was the compliance officer. Accordingly, Romero and Mejia are affiliated parties of Dando as that term is defined in section 560.103(1), Florida Statutes, and responsible persons of Dando as that term is defined in section 560.103(33), Florida Statutes. 6. On or about October 16, 2017, the Office completed an examination (#71952) of Dando’s business records and operations. 7. 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. 8, 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. COUNT I 9. The above general allegations 1 through 8 are hereby re-alleged and incorporated by reference as if fully stated herein. 10. Licensees are required to maintain a daily summary of the business activities that includes a daily reconciliation summarizing each day’s activities and reconciling cash on hand at close of business. Rule 69V-560.704(3)(b)3., Florida Administrative Code. 11. No records were produced during or after the exam showing that Respondents maintained the daily summary of business activities that includes a daily reconciliation summarizing each day’s activities and reconciling cash on hand at close of business. 12. Failure to maintain the daily summary of the business activities including a daily reconciliation summarizing each day’s activities and reconciling cash on hand at close of business at the end of the day is a violation of Rule 69V-560.704(3)(b)3., Florida Administrative Code, and may be disciplined pursuant to section 560.1 14(a), Florida Statutes. 13. Pursuant to Rule 69V-560.1000(1 2), Florida Administrative Code, a licensee cited for the first time for a violation that may be disciplined pursuant to section 560.114(a), Florida Statutes, is subject to a “B” level fine and a “B” level license suspension. 14. Therefore, the Office is seeking an administrative fine of $7,500, and a 20-day suspension of Respondents’ license. COUNT I 15. The above general allegations | through 8 are hereby re-alleged and incorporated by reference as if fully stated herein. 16. Respondent cashed payment instruments in amounts greater than $1,000. 17. When payment instruments greater than $1,000 are cashed, licensees are required to secure and maintain a legible copy of the acceptable identification presented by the customer at the time of acceptance. Section 560.310(2)(b), Florida Statutes, and Rule 69V-560.704(4)(c), Florida Administrative Code. 18. Acceptable personal identification is limited to (1) a valid driver license; (2) a state identification card issued by any state of the United States or its territories or the District of Columbia, and showing a photograph and signature; (3) a United States Government Resident Alien Identification Card; (4) a passport; or (5) a United States Military identification card. Section 560.310(2)(b), Florida Statutes. 19. | Respondents accepted Mexican and Guatemalan consular identifications in numerous instances. 20. Respondents failed to secure and maintain a legible copy of acceptable personal identification presented by conductors at the time of acceptance on those checks cashed by Respondents when accepting Mexican and Guatemalan consular identifications, in violation of section 560.310(2)(b), Florida Statutes, and Rule 69V-560.704(4)(c), Florida Administrative Code. 21. Pursuant to Rule 69V-560.1000(96), Florida Administrative Code, a licensee cited for the first time for a violation of section 560.310(2)(b), Florida Statutes is subject to a “B” level fine and a “B” level license suspension. 20 Therefore, the Office is seeking an administrative fine of $4,300 and a 12-day suspension of Respondents’ license. COUNT DT 23. The above general allegations 1 through 8 are hereby re-alleged and incorporated by reference as if fully stated herein. 24. Respondent cashed payment instruments in amounts greater than $1,000. 25. A licensee is required to affix customer thumbprints to checks that exceed $1,000. Section 560.310(2)(c), Florida Statutes, and Rule 69V-560.704(4)(a), Florida Administrative Code. 26. Some of Respondents’ checks produced during the examination lacked an affixed thumbprint. 27. Respondents failed to affix customer thumbprints to some original checks that were cashed in amounts exceeding $1,000, in violation of section 560.310(2)(c), Florida Statutes, and Rule 69V-560.704(4)(a), Florida Administrative Code. 28. Pursuant to Rule 69V-560.1000(97), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.310(2)(c), Florida Statutes, is subject to a “B” level fine and a “B” level suspension. 29. Therefore, the Office is seeking an administrative fine of $4,200 and a 12-day suspension of Respondents’ license. COUNT IV 30. The above general allegations | through 8 are hereby re-alleged and incorporated by reference as if fully stated herein. 31. | Respondents cashed payment instruments in amounts exceeding $1,000 after October |, 2015, Florida Statues. 32. Commencing no later than October 1, 2015, every check casher must submit specified details for each transaction that exceeds $1,000 to the Statewide Check Cashing Database (“CCDB”). Section 560.310(2)(d), Florida Statutes, and Rule 69V-560.704(6), Florida Administrative Code. 33. Some checks exceeding $1,000, were not entered into the CCDB, in violation of section 560.310(2)(d), Florida Statutes, and Rule 69V-560.704(6), Florida Administrative Code. 34. A licensee cited for a violation of failing to comply with a provision of chapter 560, Florida Statutes, or related rule, is subject to discipline pursuant to section 560.1 14(a), Florida Statutes. 35. Pursuant to Rule 69V-560.1000(12), Florida Administrative Code, a licensee cited for the first time for a violation that may be disciplined pursuant to section 560.114(a), Florida Statutes, is subject to a “B” level fine and a “B” level license suspension. 36. Therefore, the Office is seeking an administrative fine of $3,500 and a 10-day license suspension. COUNT V 37. The above general allegations | through 8 are hereby re-alleged and incorporated by reference as if fully stated herein. 38. Section 560.309(2), Florida Statutes, and Rule 69V-560.704(2)(a), Florida Administrative Code, require that licensees endorse checks accepted by them at the time of acceptance with their legal name, and make and retain copies of the endorsed checks. 39, Respondents produced checks during the examination that were not endorsed with Dando’s legal name at the time Respondents accepted the checks for cashing, and failed to make copies of the checks after the checks had been endorsed, in violation of section 560.309(2), Florida Statutes, and Rule 69V-560.704(2)(a), Florida Administrative Code. 40. Pursuant to Rule 69V-560.1000(84), Florida Administrative Code, a licensee cited for the first time for failing comply with section 560.309(2), Florida Statutes, is subject to a “B” level fine. 41. Therefore, the Office is seeking an administrative fine of $4,100. COUNT VI 42. The above general allegations | through 8 are hereby re-alleged and incorporated by reference as if fully stated herein. 43, Pursuant to section 560.118(2), Florida Statutes, a licensee is required to submit quarterly reports in the format and include the information specified by rule, Filing inaccurate reports does not comply with the requirement to submit quarterly reports in the format and including the information specified by rule. 44. In violation of section 560.118(2), Florida Statutes, and Rule 69V-560.602, Florida Administrative Code, Respondents filed inaccurate quarterly reports. 45. Pursuant to Rule 69V-560.1000(39), Florida Administrative Code, a licensee cited for the first time for failure to comply with section 560.118(2), Florida Statutes, is subject to an “A” level fine and an “A” level suspension. 46. Therefore, the Office seeks an administrative fine of $1,400 and a 4-day license suspension. COUNT VIL 47. The above general allegations | through 8 are hereby re-alleged and incorporated by reference as if fully stated herein. 48. When any change in the information contained in an initial application form occurs, section 560.126(2) Florida Statutes, requires licensees to report the changed information within thirty (30) days of the effective date of the change. Form OFR-560-01 (License Application) requires a licensee’s mailing address, record storage address, telephone contact numbers, Contact Person’s mailing address, telephone number and email address. 49. Respondents changed their mailing address, record storage address, telephone contact numbers, Contact Person’s mailing address, telephone number and email address without reporting this to the Office within 30 days after the change was effective, in violation of section 560.126(2), Florida Statutes. 50. 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. 51. Therefore, the Office is seeking an administrative fine of $3,500. COUNT Vill 52. The above general allegations 1 through 8 are hereby re-alleged and incorporated by reference as if fully stated herein. 53. When any change in the information contained in an initial application form occurs, section 560,126(2) Florida Statutes, requires licensees to report the changed information within thirty (30) days. Form OFR-560-01 (License Application) requires a list of bank accounts through which registered activities are being conducted. 54. Respondents opened and closed a bank account and opened another account without reporting these changes to the Office within 30 days after the change was effective, in violation of section 560.126(2), Florida Statutes. 55. 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. 56. Therefore, the Office is seeking an administrative fine of $1,000. WHEREFORE, Respondents, DANDO Y DANDO EXPRESS, LLC, d/b/a LA FORMULA, YESENIA M. ROMERO, and NANCY MEJIA-ROMERO, are hereby notified that the Office intends to enter an Order imposing an administrative fine of $29,500, and a 58-day suspension-of Respondents license as provided for in chapter 560, Florida Statutes. 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 Agency Clerk Agency Clerk 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) 410-9889 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. DATED and SIGNED this 7" day of March, 2018. DREW J. BREAKSPEAR Commissioner By: /s/ Scott R. Fransen Scott R. Fransen Fla. Bar no. 0994571 Assistant General Counsel Office of Financial Regulation 1313 N. Tampa St., Suite 615 Tampa, FL 33602 Telephone: 813.218.5364 Email: scott.fransen@flofr.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been sent by U.S. certified mail to Dando Y Dando Express, LLC, d/b/a La Formula, Yesenia M. Romero, and Nancy Mejia-Romero, at 622 W. Jefferson St., Suite A, Quincy, FL 32351, this 7" day of March, 2018, /s/_ Scott R. Fransen Scott R. Fransen 91 7199 9991 7036 6069 6043 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION 88706 Dando Y Dando Express, LLC ELECTION OF PROCEEDIN' I 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, I 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, I 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. Ido not dispute any of the Office’s factual allegations but dispute the Office’s application of the law. I request to (CHECK ONE OF THE FOLLOWING OPTIONS): [ ] Submit a written statement with supporting documentation to a Hearing Officer in lieu of a hearing; OR [ ] In person, attend a hearing conducted by a Hearing Officer; OR | ] By telephone conference call, attend a hearing conducted by a Hearing Officer. 3. [ ] Ido 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, 1 am attaching the material facts that I 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 £-mail Address Telephone Number Fax Number Date Administrative Complaint Received: Page | STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION 88706 Dando Y Dando Express, LLC **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 2 DIVISION OF CONSUMER FINANCE | 200 East Gaines Street | Tallahassee, FL 32399-0376 91 71599 9991 7036 £069 4043 RETURN SERVICE REQUESTED Dando Y Dando Express, LLC d/b/a La Formula, Yesenia M. Romero, and Nancy Mejia-Romero 622 W. Jefferson St., Suite A Quincy, Florida 32351

Docket for Case No: 18-002043