2026-05-22
Added · Updated
The Florida Office of Financial Regulation issued a Final Order approving a Stipulation and Consent Agreement with Check Mart of Florida, Inc. and Peter Edward Kalen to resolve administrative complaints regarding violations of Chapter 560, Florida Statutes. The Respondents consented to findings that they failed to accurately report transactions, exceeded fee limits, and neglected record-keeping requirements, while waiving their right to a formal hearing. As part of the settlement, the Respondents agreed to pay a $20,000 administrative fine and commit to future compliance with all applicable money services business regulations.
Index: ot:R W21o- :z__, 12 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION In Re: CHECK MART OF FLORIDA, INC., D/B/A THE CHECK CASHING STORE, D/B/A THE CCS PAYMENT STORE, D/B/A MONEY MART, and PETER EDWARD KALEN, Respondents. FINAL ORDER Case Number: 119751 This cause came on for consideration and final agency action. Upon review of the record and being otherwise fully advised in the premises, the Office of Financial Regulation ("Office") hereby finds:
DONE and ORDERED this zz_"'-J. day of May, 2026, in Tallahassee, Leon County, Florida. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished to Check Mart of Florida, Inc. d/b/a The Check Cashing Store, d/b/a The CCS Payment Store, d/b/a Money Mart and Peter Edward Kalen, by electronic mail to their Attorney of Record: Robert D. Tilley, Esq., Hudson Cook, LLP at rtilley@hudco.com on this ,Z]J~t· of May, 2026. 2 Office of Financial Regulation Post Office Box 8050 Tallahassee, FL 32314-8050 Email: Agency.Clerk@flofr.gov Tel: (850) 410-9889
STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION In Re: CHECK MART OF FLORIDA, INC., D/B/A THE CHECK CASHING STORE, D/B/A THE CCS PAYMENT STORE, D/B/A MONEY MART, and PETER EDWARD KALEN, Respondents. EXHIBIT A Case Number: 119751 STIPULATION AND CONSENT AGREEMENT The State of Florida, Office of Financial Regulation ("Office"), and CHECK MART OF FLORIDA, INC. d/b/a THE CHECK CASHING STORE, d/b/a THE CCS PAYMENT STORE, d/b/a MONEY MART and PETER EDWARD KALEN ("Respondents") m consideration of the mutual promises herein, recite, stipulate, and agree as follows:
Background. Check Mart of Florida, Inc. d/b/a The Check Cashing Store, d/b/a The CCS Payment Store, d/b/a Money Mart ("Check Mart of Florida") is licensed as a money services business, having been issued license number FT230000105, pursuant to chapter 560, Florida Statutes. Peter Edward Kalen is the President of Check Mart of Florida. The Office conducted an examination (examination number 116924) to ascertain Respondents' compliance with chapter 560, Florida Statutes, for the period of July 1, 2021 through June 30, 2023. Based on the examination, grounds existed to initiate an administrative proceeding against Respondents pursuant to chapter 560, Florida Statutes, and on December 4, 2024, the Office issued an Administrative Complaint. The Office subsequently issued an Amended Administrative Complaint on February 2, 2026. Respondents submitted a timely response. The parties are resolving the issues herein with this Stipulation and Consent Agreement in lieu of a formal proceeding in this matter.
Jurisdiction. The Office is the state agency charged with the administration and enforcement of chapter 560, Florida Statutes, and the rules promulgated thereunder. The Office has jurisdiction to bring this administrative action against Respondents pursuant to chapter 560, Florida Statutes.
Findings. For the purposes of this Stipulation and Consent Agreement, Respondents neither admit nor deny but consent to the Office's finding that: a. Respondents failed to report accurately required cashing transaction information into the Check Cashing Database ("CCDB"), in violation of section 560.310(2)( d), Florida Statutes; b. Respondents failed to provide entire amount of check cashing proceeds to the conductor at the time of the transaction, in violation of Rule 69V-560.804(1 ), Florida Administrative Code, and thereby in violation of section 560.114(l)(a), Florida Statutes; c. Respondents charged a fee in excess of the maximum based on the type of check, in violation of section 560.309(8)(a)-(c), Florida Statutes; d. Respondents failed to maintain complete customer files, in violation of section 560.3 I 0(2)(a), Florida Statutes; e. Respondents cashed corporate checks where the aggregate face amount of all corporate checks cashed for a corporate entity exceeded 200 percent of the payee's workers' compensation policy payroll amount during the same dates as the workers' compensation policy coverage period, in violation of Rule 69V-560. 7044(1 ), Florida Administrative Code (2024 ), and thereby section 560.309(1 I), Florida Statutes; f. Respondents failed to report the addition of a control person(s) of the licensee, in violation of section 560.126(3), Florida Statutes; g. Respondents failed to maintain copies of receipts provided to the drawers who 2
redeemed his/her personal checks, in violation of section 560.405(3), Florida Statutes; and, h. Respondents failed to maintain deferred presentment installment transaction agreements containing the number of days for each deferment period, in violation Rule 69V560.904(1 )(b )(10), Florida Administrative Code, and thereby in violation of section 560.114(1 )(a), Florida Statutes. 4. Terms and Conditions. The parties agree that the issues raised can be expeditiously resolved without further litigation by the execution of this Stipulation and Consent Agreement. The parties acknowledge that they have read this Stipulation and Consent Agreement and fully understand the rights, obligations, terms, duties, and responsibilities with respect to its contents. Therefore, in compromise and settlement of the foregoing findings and in consideration of the Office's forbearance from further litigation, Respondents agree to the following terms and conditions: a. FUTURE COMPLIANCE. Respondents agree that they shall not violate any provision of chapter 560, Florida Statutes, and the corresponding rules, and they shall comply with chapter 560, Florida Statutes, and corresponding rules. b. ADMINISTRATIVE FINE. Respondents agree to pay the Office an administrative fine in the amount of Twenty Thousand Dollars ($20,000.00) to be paid at the time of the execution and delivery of this Stipulation and Consent Agreement. This administrative fine shall be submitted in the form of a wire, cashier's check, or money order made payable to "Office of Financial Regulation " and shall be sent to the attention of Agency Clerk - c/o Attorney Maria A. Guitian, Post Office Box 8050, Tallahassee, Florida 32314-8050. Respondents acknowledge and agree that in accordance with section 215.31, Florida Statutes, regarding the deposit of monies, (i) the tendered fine or settlement check may be deposited in advance of full execution or acceptance of the Stipulation and Consent Agreement; 3
and (ii) such deposit shall not be construed as a final acceptance of the Stipulation and Consent Agreement absent full execution thereof and entry of a Final Order adopting same. 5. Final Order. Respondents consent to the entry of a Final Order, which incorporates the terms of this Stipulation and Consent Agreement. Respondents understand and agree that this Stipulation and Consent Agreement is subject to the final approval of the Office of Financial Regulation and the entry of the Final Order adopting such Agreement. In the event that the Final Order is not entered, this Stipulation and Consent Agreement shall be null and void. The Final Order incorporating this Stipulation and Consent Agreement constitutes final action by the Office with respect to the findings identified in Section 3 above for which the Office may seek enforcement pursuant to the provisions of chapters 560 and 120, Florida Statutes. 6. Waiver. By Respondents' consent to the entry of a Final Order with respect to this proceeding, Respondents waive: a. Any right to separately stated Findings of Fact and Conclusions of Law; b. Any right to receipt of a Notice of Rights pursuant to chapter 120, Florida Statutes; c. Any right to an administrative hearing or issuance of a Recommended Order pursuant to chapter 120, Florida Statutes; and d. Any right to contest in any administrative forum or judicial proceeding (including, but not limited to, an appeal pursuant to section 120.68, Florida Statutes) the validity of any term, condition, obligation, or duty expressly created in this Stipulation and Consent Agreement and the Final Order. 7. Releases. Upon full execution of this Stipulation and Consent Agreement, Respondents waive, release, and forever discharge the Office and its agents, representatives, and employees from any and all causes of action, in law or in equity, which Respondents may have arising out of this matter. The Office accepts this release and waiver by Respondents on behalf of 4
itself, its agents, representatives, and employees without acknowledging, and expressly denying, that any such right or cause of action may exist. 8. Failure to Comply. Respondents acknowledge, concur, and stipulate that Respondents' failure to comply with any of the terms, obligations and conditions of this Stipulation and Consent Agreement, and the Final Order adopting it, is a violation of the written agreement and the Final Order entered pursuant to chapters 120 and 560, Florida Statutes. Such noncompliance may result in the issuance of an emergency cease and desist order. However, nothing herein shall be construed to limit Respondents' right to contest any finding or determination of non-compliance. 9. Attorney Fees. Each party herein shall be solely responsible for its separate costs and attorney fees incurred in the prosecution, defense, or negotiations in this matter up to and including the entry of the Final Order adopting this Stipulation and Consent Agreement. 10. Severabilitv. The parties agree that if any provision of this Stipulation and Consent Agreement or the application thereof to any person or circumstance is held invalid, the Stipulation and Consent Agreement will be given effect without the invalid provision, and to this end, the provisions of this Stipulation and Consent Agreement are declared severable. 11. Counterparts. This Stipulation and Consent Agreement may be executed in any number of counterparts, and by the parties in separate counterparts, each of which will be deemed to be an original but all of which together will constitute but one Stipulation and Consent Agreement. Copies of this Stipulation and Consent Agreement transmitted by facsimile or electronic mail shall have the same validity as if bearing an original signature. 12. Entire Agreement. This Stipulation and Consent Agreement represents the entire agreement by and between Respondents and the Office. Any alterations, variations, changes, modifications, or waivers of the provisions hereof shall be valid only when they have been reduced 5
to writing, duly signed by the Office and Respondents hereto. attached to the original of this Stipulation and Consent Agreement and subject to the approval of the Office. WHEREFORE. in consideration of the foregoing. the Office and Respondents execute this Stipulation and Consent Agreement for entry of a Final Order on the last date executed below. CHECK MART OF FLORIDA, INC. ➔ d/b/a THECHECK CASHING STORE, d~zSTORE, d~/a MON:~,:A: : c\ J ~ 7 0 ~ ...;;...~,~.__......,,.-C""- (Signature) Name: Peter Edward Kalen Title: President of Check Mart of Florida, Inc. d/b/a The Check Cashing Store. d/b/a The CCS Payment Store. d/b/a Money Mart Peter Edward Kalen. as President of Check Mart of Florida, Inc. d/6/a The Chec~.Cashing Store. d/b/a The CCS Payment Store. d/b/a Money Mart, BEFORE ME by means of[v}physical presence or [ ] onlinc notarization. has sworn (or affirmed) that he has read and understands the foregoing agreement and voluntarily signed the same. SWORN TO AND SUBSCRIBED before me this-:} t~ay of May. 2026. Check the appropriate~: Personally known Ef OR Produced Identification D Type of identification produced D □ □ 1otary Public s h.a. ("\ .s.s C\ fc\ \ 'd ,". Driver's License Passport Other ------- {Do not include ID number) 6
(Signature) Name: Peter Edward Kalen Tor-o,'"l.+.c...:- O,oo--.--{o , Cc.x..10..d ('...._ State of --------- County of _ ______ _ Peter Edward Kalen, BEFORE ME by means of ( /rhysical presence or [ j online notarization, has sworn (or affirmed) that he has read and understands the foregoing agreement and voluntarily signed the same. SWORN TO AND SUBSCRJBED before me this 1~ day of May, 2026. Check the appropriater: Personally known 0 OR Produced Identification 0 Type of identification produced D Driver's License 0 Passport otary Public 5 h. c,L, v \ ss C\ E\ \ d ..-~ D Other ___ ___ _ (Do not include ID number) OFFICE OF FINANCIAL REGULATION Gregory C. Oaks, Director Division of Consumer Finance 7 Date: 5/22/2026 - - --- ------