Index: OFR 2026 - 536

DOCKETED 11/3/2026 LEGAL BH

STATE OF FLORIDA
OFFICE OF FINANCIAL REGULATION

In Re:
MUTUAL FINANCE COMPANY,
Case Number: 138850
Respondent.

FINAL ORDER

The State of Florida, Office of Financial Regulation ("Office"), being authorized and directed to administer and enforce chapter 516, Florida Statutes, hereby enters this Final Order with Notice of Rights ("Final Order") as authorized by the provisions of chapters 120 and 516, Florida Statutes, against MUTUAL FINANCE COMPANY (together "Respondent").

FINDINGS OF FACT

1. The Office has jurisdiction over the subject matter of this case and the parties hereto.

2. At all times material, Mutual Finance Company ("Mutual Finance") has conducted business as a consumer finance company in Tampa, Florida.

3. Mutual Finance Company has been licensed as a consumer finance company under chapter 516, Florida Statutes (License number CF9900875) since January 23, 2012.

4. The Office conducted an examination (No. 138307) to ascertain Respondent's compliance with chapter 516, Florida Statutes, and found that grounds existed to initiate a legal action against Respondent. As such, on August, 31, 2026, the Office issued an Administrative Complaint ("Complaint") (Exhibit A) seeking an appropriate administrative fine and license

suspension.

5. Respondent was served the Complaint by U.S. Certified Mail on September 8, 2026 (Exhibit B). As such, a response was due no later than September 29, 2026. To date, the Office has neither received a written response to the Complaint nor has Respondent made a claim of equitable tolling.

6. The Complaint contained a Notice of Rights, which fully advised Respondent that they had twenty-one (21) days after the receipt of the Complaint within which to petition the Office for an administrative hearing to contest the allegation set forth in the Complaint, in accordance with sections 120.59 and 120.57, Florida Statutes, including the following information:

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.

7. The Findings of Fact alleged in the Complaint are hereby incorporated by reference and adopted as Findings of Fact in this Final Order.

CONCLUSIONS OF LAW

8. The Office is responsible for the administration and enforcement of chapter 516, Florida Statutes, and has jurisdiction over the subject matter and of Respondent pursuant to chapter 516, Florida Statutes.

9. The Findings of Fact that have been adopted herein serve as the basis of the entry of this Final Order against Respondent.

10. Section 120.569(2)(a), Florida Statutes, and Rule 28-106.111(2), Florida Administrative Code, require, among other things, that a response or a petition to an action which affects the substantial interests of a party be filed with the agency within 21 days of receipt of written notice of the action.

11. Section 120.569(2)(c), Florida Statutes, provides that a petition for hearing shall be dismissed if it has been untimely filed (not within 21 days).

12. Pursuant to Rule 28-106.111(4), Florida Administrative Code, the failure of Respondent to timely respond to the Complaint constitutes a waiver of Respondent's right to an administrative proceeding.

13. The doctrine of equitable tolling can be applied in administrative cases when a party has been misled or lulled into inaction, i.e., has in some extraordinary way, been prevented from asserting his rights, or has timely asserted his rights in the wrong forum. Machules, v. Department of Admin., 523 So. 2d 1132 (Florida 1988).

14. Without any evidence of equitable tolling, it is appropriate for the Office to conclude there was none. Patz v. Dept. of Health, 864 So.2d 79, 80 (Fla. 3d DCA 2003).

15. Based on the Findings of Fact adopted herein, the Office concludes that Respondent violated the specific statutes and rules charged in the Complaint and, as such, the specific charges in the Complaint are adopted in this Final Order as Conclusions of Law.

16. The Findings of Fact and Conclusions of Law that form the basis for the Complaint, together with the waiver of a hearing by Respondent, constitute grounds for the Office to impose an administrative fine against MUTUAL FINANCE COMPANY.

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby

ORDERED:

A. Within thirty (30) days of the date of this Final Order, Respondent shall pay an ADMINISTRATIVE FINE of Three Hundred Fifty Dollars ($350.00).

B. Effective thirty (30) days from the date of this Final Order, consumer finance company, license number CF9900875 is hereby SUSPENDED for a period of ten (10) days.

C. Respondent shall submit the administrative fine in the form of a wire, money order or cashier's check made payable to the "Office of Financial Regulation". Such payment shall reference Case Number 138850 and shall be sent to the attention of Agency Clerk, c/o Carrie Franz, Assistant General Counsel, P.O. Box 8050, Tallahassee, FL 32314-8050.

DONE and ORDERED this 3rd day of November, 2026, in Tallahassee, Leon County, Florida.

Russell C. Weigel, III
Commissioner

NOTICE OF RIGHTS

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK FOR THE OFFICE OF FINANCIAL REGULATION AS FOLLOWS:

By Mail, Facsimile or Email
Agency Clerk
Office of Financial Regulation
Office of General Counsel
P.O. Box 8050
Tallahassee, FL 32314-8050
Phone: (850) 410-9889
Fax: (850) 410-9663
Email: Agency.Clerk@flofr.gov
OR By Hand Delivery
Agency Clerk
Office of Financial Regulation
Office of General Counsel
The Fletcher Building
101 East Gaines Street
Tallahassee, FL 32399
Phone: (850) 410-9889

A COPY OF THE NOTICE OF APPEAL, ACCOMPANIED BY THE FILING FEES AS REQUIRED BY LAW, MUST ALSO BE FILED WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, 2000 DRAYTON DRIVE, TALLAHASSEE, FLORIDA 32399-0950, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITH BOTH THE AGENCY CLERK FOR THE OFFICE OF FINANCIAL REGULATION AND THE DISTRICT COURT OF APPEAL WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order was furnished by U.S. Mail to Mutual Finance Company at 7203 N. Florida Avenue, Tampa, Florida 33604 and by electronic mail to pottsdavid399@gmail.com on this day of November, 2026.

Email: Agency.Clerk@flofr.gov

3rd

Agency Clerk
Office of Financial Regulation
Post Office Box 8050
Tallahassee, FL 32314-8050

EXHIBIT A

STATE OF FLORIDA
OFFICE OF FINANCIAL REGULATION

In Re:
MUTUAL FINANCE COMPANY,
Case Number: 138850
Respondent.

ADMINISTRATIVE COMPLAINT

The State of Florida, Office of Financial Regulation ("Office"), files this Administrative Complaint against MUTUAL FINANCE COMPANY, ("Respondent"), alleging:

GENERAL ALLEGATIONS

1. Pursuant to sections 516.11 (1) and 516.07, Florida Statutes, the Office is charged with administering and enforcing the provisions of chapter 516, Florida Statutes, and is authorized to conduct examinations and investigations to determine whether any provision of chapter 516, Florida Statutes, has been violated.

2. Pursuant to section 516.07(l)(d), Florida Statutes, failure to comply with any provision of chapter 516, Florida Statutes, or related rule constitutes grounds for disciplinary action.

3. Pursuant to section 516.01(7), Florida Statutes, a "license" means a permit issued under this chapter to make and collect loans in accordance with chapter 516, Florida Statutes, at a single place of business.

4. Pursuant to section 516.02(1), Florida Statutes, a person must not engage in the business of making consumer finance loans or operate a branch of such business unless he or she is authorized to do so under chapter 516, Florida Statutes, or other statutes and unless the person first obtains a license from the Office.

5. Section 516.38(1), Florida Statutes, requires each licensee to file an annual report on a form prescribed by rule and include the information required by Section 516.38(2), Florida Statutes, by March 15 of each year.

6. At all times material, Mutual Finance Company ("Mutual Finance") has conducted business as a consumer finance company in Tampa, Florida.

7. Mutual Finance Company has been licensed as a consumer finance company under chapter 516, Florida Statutes (License number CF9900875) since January 23, 2012.

8. The Office conducted an examination (No. 138307) to ascertain Respondent's compliance with chapter 516, Florida Statutes.

9. Respondent failed to file the annual report for Fiscal Year 2025 by March 15, 2026.

10. To date, Respondent have not filed the annual report for Fiscal Year 2025 in violation of Section 516.38(1), Florida Statutes.

11. Pursuant to sections 516.07(2) and 516.23(2)(c), Florida Statutes, the Office may impose and collect an administrative fine against a licensee, or any person found to have violated any provision of chapter 516, Florida Statutes, or the corresponding rules, in an amount not to exceed $1,000.00 for each violation.

12. Therefore, the Office is seeking an appropriate administrative fine and an A level license suspension.

WHEREFORE, Respondent, MUTUAL FINANCE COMPANY, is hereby notified that the Office intends to seek an Order imposing an appropriate administrative fine against Mutual Finance Company and an appropriate A level license suspension.

NOTICE OF RIGHTS

The licensee is entitled to be represented by counsel or another 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, Facsimile or Email
Agency Clerk
Office of Financial Regulation
Office of General Counsel
P.O. Box 8050
Tallahassee, FL 32314-8050
Phone: (850) 410-9889
Fax: (850) 410-9663
Email: Agency.Clerk@flofr.gov
OR By Hand Delivery
Agency Clerk
Office of Financial Regulation
Office of General Counsel
The Fletcher Building
101 East Gaines Street, Suite 504
Tallahassee, FL 32399
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 AMENDED 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 AMENDED 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.

NOTICE TO RESPONDENT

In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the Agency Clerk no later than seven (7) days prior to the filing deadline or proceeding, at the Office of Financial Regulation, 200 East Gaines Street, Tallahassee, Florida 32399, Phone: (850) 410-9889, or by Email: Agency.Clerk@tlofr.gov.

By: Carrie S. Franz
Carrie S. Franz
Chief Counsel
Office of Financial Regulation
Office of General Counsel
Fla. Bar No. 659274
200 E Gaines Street
Tallahassee, FL 32399
Tel: (850) 410-9834
Email:Carrie.Franz@flofr.gov

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint was furnished by U.S. Certified Mail to Mutual Finance Company at 7203 N. Florida Avenue, Tampa, Florida 33604 on this 31st day of August, 2026.

9489
9489 0090 0027 6620 8413 71

Carrie S. Franz
Chief Counsel

STATE OF FLORIDA
OFFICE OF FINANCIAL REGULATION

Case No: 138850
Mutual Finance Company
7203 N. Florida Ave.
Tampa, Florida 33604

ELECTION OF PROCEEDING

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 Respondent, and I am requesting disposition as indicated below. PLEASE SELECT ONLY ONE OF THE OPTIONS:

OPTION #1: D I do not request a hearing in this matter. I do not dispute any of the Office's factual allegations and conclusions of law as stated in the Administrative Complaint. I understand that upon my waiving the right to a hearing, the Office may enter a final order adopting the findings of fact and conclusions of law in the Administrative Complaint, and imposing the penalties sought In the Administrative Complaint.

OPTION #2: D I do not dispute any of the Office's factual allegations but dispute the Office's conclusions of law to those factual allegations, and request disposition of this matter by informal hearing pursuant to section 120.57(2), Florida Statutes. I request to (CHECK ONLY ONE OF THE FOLLOWING 2 OPTIONS):

a. 0 Attend a hearing by video teleconference before a Hearing Officer appointed by the Office; OR

b. 0 Submit a written statement with supporting documentation to a Hearing Officer appointed by the Office.

OPTION #3: 0 I do dispute one or more of the Office's factual allegations. I request a formal hearing before the Division of Administrative Hearings (DOAH) pursuant to section 120.57(1), Florida Statutes. In accordance with Rule 28-106.2015(5)(c), FAC, I am attaching a copy of the material facts that I dispute.

TO PRESERVE YOUR RIGHT TO A HEARING, A RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION AGENCY CLERK NO LATER THAN 5:00 P.M. ON OR BEFORE THE TWENTY-FIRST DAY AFTER RECEIPT OF THE ADMINISTRATIVE COMPLAINT, BY ANY OF THE FOLLOWING METHODS:

1. By email: Agency.Clerk@flofr.gov; or

2. By U.S. Mail: P.O. Box 8050, Tallahassee, Florida 32314-8050; or

3. By hand delivery: Office of General Counsel, Suite 504, Fletcher Bldg., 101 E. Gaines Street, Tallahassee, FL 32399.

Signature of Respondent or
Mailing Address
Authorized Representative of Respondent
Printed Name & Title
City
State
Zip
Date
E-mail Address
Telephone Number

Form: OFR-GC-13 (rev. 1/28/2026)

STATE OF FLORIDA
OFFICE OF FINANCIAL REGULATION

Case No: 138850
Mutual Finance Company
7203 N. Florida Ave.
Tampa, Florida 33604

**YOU ARE TO COMPLETE THE FOLLOWING ONLY IF YOU HAVE CHECKED OPTION #3 ON THE PRECEDING PAGE. If you need more space, you may provide additional pages.

As Respondent or the authorized representative of Respondent, I am disputing the following material facts:

Signature of Respondent or Authorized Representative Date

Form: OFR-GC-13 (rev. 1/28/2026)

UNITED STATES POSTAL SERVICE®

EXHIBIT B

September 16, 2026

Dear Amber Hopkins:

The following is in response to your request for proof of delivery on your item with the tracking number: 9489 0090 0027 6620 8413 71.

Item Details
Status:
Status Date / Time:
Location:
Postal Product:
Extra Services:
Delivered, Left with Individual
September 08, 2026, 10:59 am
TAMPA, FL 33604
First-Class Mail®
Certified Mail™
Return Receipt Electronic
Shipment Details
Weight:
3lb, 8.9oz
Recipient Signature

Signature of Recipient: ':I O ~
. C tt/60
Address of Recipient: •'-:J)J2 ~ )-l'ti '{:It

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