FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA ck Og ‘vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT| pate 42/28/2012 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2012-010031 SAVY ENTERTAINMENT, LLC, Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Division of Professions, Talent Agencies (Department) against Savy Entertainment, LLC (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 VII, Florida Statutes. 2. Respondent’s address of record is 509 S 21 Ave 201, Hollywood, FL 33020. MATERIAL FACTS 3. At no time material to this complaint did Respondent hold a valid talent agent license in the State of Florida under the name Savy Productions, LLC or Savy Entertainment, LLC. 4. Respondent advertises online under the name “Savy Entertainment, LLC” at www.savyentertainmentllc.com as a full service management company. 5. Respondent’s website states that “ [Respondent] represent[s] actors, models, singers, dancers, athletes, male and female swimwear models, stunt people, voice-over talent, body-part models, real people, character types, and high fashion print models.” 6. Makini Cruickshank signed a contract provided by Respondent for representation as an artist under the name “Savy Productions, LLC” and returned it to Respondent on or about May 11, 2011. 7. With regards to services provided, the contract stated in part that Respondent will use materials provided by the artist “for the purpose of prudently seeking financial gain in the field of modeling and/or acting. Manager cannot guarantee results and . . . agrees to solicit in good faith for the most successful results.” 8. With regards to compensation, the contract stated in part that it “authorizes Savy Productions, LLC. (Manager) to collect any and all monies earned by Artist in the field of acting, modeling or any other related job that is contracted by Manager, either directly, and deduct the following fees allowed by law per Florida Statute. For total earnings of up to $499.99, Manager will deduct Fifteen percent (15%) and for total earnings of $500.00 and up, Manager will deduct Twenty percent (20%) .” 9, From May 11, 2011, or thereabouts, through October 27, 2011, or thereabouts, Respondent received compensation from Ms. Cruickshank to procure or attempt to procure engagements for Ms. Cruickshank. CONCLUSIONS OF LAW 10. Section 468.401(1), Florida Statutes, states that “*‘[t]alent agency’ means any person who, for compensation, engages in the occupation of business of procuring or attempting to procure engagements for an artist.” 11. Section 468.403(1), Florida Statutes, states that “[a] person may not own, operate, solicit business, or otherwise engage in or carry on the occupation of a talent agency in this state unless the person first procures a license for the talent agency from the department . . . . [A] person may not advertise or otherwise hold herself or himself out as a ‘talent agency’ or ‘talent agent’ unless the person is licensed under this section as a talent agency.” 12. Section 468.402(1) (b), Florida Statutes, states that “[t]he department may take any one or more of the [disciplinary] actions specified in subsection (5) against any person who has [vJiolated any provision of this part, chapter 455, any lawful disciplinary order of the department, or any rule of the department.” 3. Based on the facts set forth above, Respondent violated Section 468.402(1) (b), Florida Statutes, through a violation of Section 468.403(1), Florida Statutes, in one or more of the following ways: a) By soliciting business as a talent agency through its website without holding a valid, active Florida talent agent license. b) By providing talent agency services to Ms. Cruickshank without holding a _ valid, active Florida talent agent license. WHEREFORE, Petitioner respectfully requests the Department enter an order imposing one or more of the following penalties: imposition of an administrative fine not to exceed five thousand dollars ($5,000.00) for each count or separate offense, restriction of Respondent’s authorized scope of practice, and/or any other relief that the Department is authorized to impose pursuant to Chapters 455 and 468, Part VII, Florida Statutes, and/or the rules promulgated thereunder. (SIGNATURE PAGE FOLLOWS) Signed this 20th day of December, 2012. By: PC Found: 12/18/12 PC Found By: L Parson LCP/jjb KEN LAWSON, Secretary Department of Business and Professional Regulation LeChea C. Parson LeChea C. Parson Assistant General Counsel Florida Bar No. 0016869 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe St., Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 414-6749 Facsimile NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be advised that Respondent has the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed.

Docket for Case No: 13-001154