Petitioner: OFFICE OF FINANCIAL REGULATION
Respondent: DANDO Y DANDO EXPRESS, LLC, D/B/A LA FORMULA, YESENIA M. ROMERO, AND NANCY MEIJA-ROMERO
Judges: SUZANNE VAN WYK
Agency: Office of Financial Regulation
Locations: Tallahassee, Florida
Filed: Apr. 19, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 1, 2018.
Latest Update: Dec. 24, 2024
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
Issue Date |
Proceedings |
Jun. 01, 2018 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jun. 01, 2018 |
Order Denying Petitioner's Motion to Deem Facts Admitted.
|
Jun. 01, 2018 |
Motion to Cancel Hearing and Relinquish Jurisdiction filed.
|
May 31, 2018 |
Motion to Relinquish Jurisdiction filed.
|
May 31, 2018 |
Respondents' Response to Petitioner's Motion to Deem Facts Admitted filed.
|
May 31, 2018 |
Petitioner's Motion to Deem Facts Admitted filed.
|
May 01, 2018 |
Order of Pre-hearing Instructions.
|
May 01, 2018 |
Notice of Hearing (hearing set for June 12, 2018; 9:30 a.m.; Tallahassee, FL).
|
May 01, 2018 |
Respondents' Unilateral Response to Order filed.
|
May 01, 2018 |
Notice of Appearance (Kristy Kirkland) filed.
|
Apr. 30, 2018 |
Office of Financial Regulation's Unilateral Response to Order filed.
|
Apr. 19, 2018 |
Initial Order.
|
Apr. 19, 2018 |
Election of Proceeding filed.
|
Apr. 19, 2018 |
Administrative Complaint filed.
|
Apr. 19, 2018 |
Agency referral filed.
|