STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION In Re: Administrative Proceeding Docket Number: 59379 IMMOKALEE DRIVE THRU, INC., Respondent. ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against IMMOKALEE DRIVE THRU, INC., and Frederick Gaston, individually (collectively “Respondents”), alleging: 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, Respondent IMMOKALEE DRIVE THRU, INC., is or has been a: a. Part UI Money Transmitter licensee pursuant to Chapter 560, Florida Statutes, and specifically a “money services business,” as defined in section 560.103(22), Florida Statutes, having been issued license number FT30800492; and, Administrative Proceeding Docket Number 59379 Administrative Complaint Page 1 of 7 Preach pret ae b. “Check casher,” as defined in section 560,103(6), Florida Statutes. 4, At all times material, Respondents’ address of record is and has been 110 North First Street, Immokalee, FL 34142. 5. The Office conducted an examination (#54789) for the time period of July 1, 2012 through June 30, 2014, (“examination period”) of Respondents’ business records. 6. 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” suspension is 3 to 10 days. Te 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. 8. At all times material, Respondents conducted money services business as a check casher. COUNT I 9. The above general allegations 1 through 8 are hereby re-alleged and incorporated by reference as if fully stated herein. 10. As part of the examination, the Office reviewed or attempted to review records of payment instruments exceeding $1,000 that were presented to Respondents for negotiation and payment during the examination period. 11. ‘In contradiction to and violation of sections 560.114(1)(a) and 560.310(2)(a), Florida Statutes, and Rules 69V-560.1000(12) and 69V-560.704(4)(c), Florida Administrative Code, Respondents unlawfully failed to maintain customer files on customers who cash corporate or third-party payment instruments exceeding $1,000. 12. Therefore, the Office is seeking an administrative fine of $3,500. Adsinistrative Proceeding Docket Number 59379 Administrative Complaint Page 2 of 7 COUNT IT 13, The above general allegations 1 through 8 are hereby re-alleged and incorporated by reference as if fully stated herein. 14. Form OFR-560-01, Application for Licensure as a Money Services Business, which is incorporated by reference into Rule 69V-560.1012, Florida Administrative Code, requires renewal applicants to list any changes in information relating to all bank accounts through which registered activities are or will be conducted. 15. At the time of the renewal application in 2013, Respondent failed to disclose its new primary business checking account with Wells Fargo Bank (account ending in 5660). 16. — In contradiction to and violation of 560.126(2), Florida Statutes, and Rules 69V- $60.1012 and 69V-560.102(5), Florida Administrative Code, Respondents failed to report within 30 days changes to their bank account information. 17. Pursuant to Rule 69V-560.1000(52), Florida Administrative Code, a licensee cited for the first time for failing to report within 30 days changes in bank account information is subject to an “A” fine. 18. Therefore, the Office is seeking an administrative fine of $1,000. WHEREFORE, Respondents, IMMOKALEE DRIVE THRU, INC., and Frederick Gaston, individually, are hereby notified that the Office intends to enter an Order imposing an administrative fine of $4,500. 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. Administrative Proceeding Docket Number 59379 Administrative Complaint Page 3 of 7 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 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 Zo day of MovemJy< 20/8. DREW J. BREAKSPEAR Commissioner By: FA Supe | 7 Linje Rivers Assistant General Counsel Office of Financial Regulation Fla. Bar No. 79063 101 E. Gaines Street, 550T Tallahassee, FL 32399-0379 (850) 410-9887 Linje.rivers@flofr.com Administrative Proceeding Docket Number 59379 Administrative Complaint Page 4 of 7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been served by U.S. certified mail to IMMOKALEE DRIVE THRU, INC., and Frederick Gaston, individually at 110 North First Street, Immokalee, FL 34142, on this Zs *~ day of Nivende 20% . Z Satya HP — Linje Rivers 931 7499 9991 70354 6692 S730 Administrative Proceeding Docket Number 59379 Administrative Complaint Page 5 of 7

Docket for Case No: 15-006900