AIF & v4 STATE OF FLORIDA ca DEPARTMENT OF BUSINESS AND PROFESSIONAL RECULAY es 4 x fy DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, V. CASENO. 2000-01741 MODEL 2000, INC. Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (Petitioner), files this Administrative Complaint against MODEL 2000, INC. (Respondent), and alleges: 1. Petitioner is the state agency charged with regulating the practice of Talent Agencies pursuant to Section 20.165, Florida Statutes, and chapters 455 and 468, Part VIL Florida Statutes. 2. Atal times material hereto, Respondent, Model 2000, Inc. has been licensed in the State of Florida as a Talent Agency, license number TA 0000618. The owner/operator of Model 2000, Inc. is Nancy Sniffen, a.k.a. Nancy Keogh. 3. Respondent’s address of record is 4852 West Gandy Boulevard, Tampa, Florida 33611. 4. In or around 1999, John L. Greene (hereinafter “Mr. Greene”), after noticing an advertisement in a newspaper, contacted Model 2000, Inc. | 5. Mr. Greene met with a man at the Model 2000, Inc. office who told him that he 1 was good looking and that they were looking for blond males who were five feet, nine inches tall with muscular builds. 6. Mr. Greene was promised work as a commercial model for television and in catalog print work for Sears and Montgomery Ward. 7. Mr. Greene was told that composite photographs were necessary to get started and Mr. Greene paid $266.87 in cash as a deposit for the photo shoot that Ms. Sniffen scheduled. 8. When Mr. Greene went to the Model 2000, Inc. office to receive his comp cards, he met with Nancy Sniffen (hereinafter “Ms. Sniffen”). 9. Ms. Sniffen urged Mr. Greene to order more cards but, having already spent over $600, Mr. Greene did not accept her advice. 10. Mr. Greene was never given a contract from Model 2000, Inc. 11. Mr. Greene has not received any work from or through Model 2000, Inc. COUNT ONE 12, Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count One. 13. Section 468.402(1)(e), Florida Statutes, states (1) The department may take any one or more of the actions specified in subsection (5) against any person who has... Knowingly committed or been a party to any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relying upon the work, representation, or conduct of the talent agency acts or has acted to his or her injury or damage. {4. Based on foregoing, the Respondent has violated Subsection 468.402(1)(e), Florida Statutes. COUNT TWO 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count Two. 16. Section 468.402(1)(s), Florida Statutes, states (1) The department may take any one or more of the actions specified in subsection (5) against any person who has... Solicited business, either personally or through an agent or through any other person, through the use of fraud or deception or by other means; through the use of misleading statements; or through the exercise of intimidation or undue influence. 17. Based on foregoing, the Respondent has violated Subsection 468.402(1)(s), Florida Statutes, COUNT THREE 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count Three. 19. Section 468.402(1)(d), Florida Statutes, states (1) The department may take any one or more of the actions specified in subsection (5) against any person who has... Made, printed, published, distributed, or caused, authorized, or knowingly permitted the making, printing, publication, or distribution of any false statement, description, or promise of such a character as to reasonably induce any person to act to his or her damage or injury, if such statement, description, or promises were purported to be performed by the talent agency and if the owner or operator then knew, or by the exercise of reasonable care and inquiry, could have known, of the falsity of the statement, description, or promise. 20. Based on foregoing, the Respondent has violated Subsection 468.402(1)(d), Florida Statutes. COUNT FOUR 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one . through eleven as though fully set forth in this Count Four. 22. Section 468.410(2), Florida Statutes, states no talent agency shall, as a condition to registering or obtaining employment for any applicant or artist, require the applicant or artist to subscribe to, purchase, or attend any publication, postcard service, advertisement, resume service, photography service, school, acting school, workshop, acting workshop, or video or audiotapes. 23. Based on foregoing, the Respondent has violated Subsection 468.410(2), Florida Statutes. COUNT FIVE 24, Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count Five. 25. Section 468.410(3), Florida Statutes, states that a Talent agency shall give each applicant a copy of a contract which lists the services to be provided and the fees to be charged. The contract shall state that the talent agency is regulated by the department and shall list the address and telephone number of the department. 26, Based on foregoing, the Respondent has violated Subsection 468.410(3), Florida Statutes. COUNT SIX 27. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count Six. 28. — Section 468.401(1)(t), Florida Statutes, states that the department may take any 4 one or more of the actions specified in subsection (5) against any person who has: exercised undue influence on the artist in such a manner as to exploit the artist for financial gain of the licensee or a third party, which includes, but is not limited to, the promoting or selling of services to the artist. 29. Based on the foregoing, the Respondent has violated Subsection 468.401( 1, Florida Statutes. COUNT SEVEN 30. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count Seven. 31, — Section 468.413(2)(e), Florida Statutes, states that each of the following acts constitutes a misdemeanor of the second degree: Requiring as a condition to registering or obtaining employment or placement for any applicant that the applicant subscribe to, purchase, or attend any publication, postcard service, advertisement, resume service, photography service, school, acting school, workshop, or acting workshop. 32. Based on the foregoing, the Respondent has violated Subsection 468.413(2)(e), Florida Statutes. WHEREFORE, Petitioner respectfully requests an Order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, imposition of an administrative fine not exceeding five thousand dollars ($5,000.00) for every count or separate offense, restitution, issuance of a public reprimand, assessment of costs associated with the investigation, probation, and/or any other relief appropriate. ¢ SIGNED this / “~_ day of 2002. (phe oid Lead Professions Attorney t \ \ ae ) a rewation pusines® no reeX pepatirent ofS DUTY Nidelt GSH:mal fh: Case No. 2000-01741 aamite eS" 2008 ps Garten DATE

Docket for Case No: 02-002989

Orders for Case No: 02-002989