Speedy Mart, Inc. d/b/a Stuart Check Cashing v. Florida Office of Financial Regulation
Licensed check cashers challenged several Office of Financial Regulation practices as unadopted rules under chapter 120. The Fourth District affirmed the ALJ's rulings that the OFR's Sanction Computation Worksheet, rate-vs-sample-size methodology, use of 'minor violations,' AML 'implementation' enforcement, and 'valid driver license' reading were not unadopted rules, but reversed as to the OFR's fixed twenty-five percent aggravator/mitigator multiplier and its selective application of the 'cooperation mitigator' only to suspensions, holding those are unpromulgated rules; it also reversed the denial of attorney's fees under section 120.595(4)(a).
Key facts
- Licensed check cashers challenged multiple Office of Financial Regulation enforcement practices as unadopted rules violating the Administrative Procedure Act.
- The trial court (ALJ) upheld most OFR practices as guidelines or proper applications of existing law, but the Fourth District reversed as to the OFR's fixed twenty-five percent multiplier for aggravators and mitigators and its selective application of the cooperation mitigator only to suspensions.
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Why it matters
This is a useful roadmap for APA unadopted-rule challenges to agency penalty practices: discretionary, range-restating scoring tools survive, but fixed numerical multipliers and agency practices that narrow a… — full analysis with a trial
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