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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PROFESSIONS - TALENT AGENCIES vs DR. ENTERTAINMENT, INC., 13-001155 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-001155 Visitors: 24
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PROFESSIONS - TALENT AGENCIES
Respondent: DR. ENTERTAINMENT, INC.
Judges: JESSICA E. VARN
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Mar. 28, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 17, 2014.

Latest Update: Dec. 22, 2024
FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA ck Og ‘vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT| pte 9/43/2013 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2012-023153 DR. ENTERTAINMENT, INC., Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Division of Professions, Talent Agencies (Department) against Dr. 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. At all times material to this complaint, Respondent held a valid talent agent license in the State of Florida, having been issued license number TA 644. 3. Respondent’s address of record is 601 N Congress Ave # 109, Delray Beach, FL 33445, (Complainant) 5. Complainant perform as MATERIAL FACTS Respondent contracted with David L. Haines to provide talent agent services to Complainant. Respondent facilitated five contracts between and Royal Caribbean Cruise Lines for Complainant to a talent artist on Royal Caribbean’s Cruise Ships from 2008 to 2012. 6. Under the five contracts from 2008 to 2012, Respondent collected money from Royal Caribbean for the benefit of Complainant 7. At the times when Complainant was under contract with Royal Caribbean, Respondent and Complainant arranged for Respondent to make weekly payments to Complainant. 8. Respondent failed to make some weekly payments to Complainant under each of Complainant’s five contracts with Royal Caribbean periodically from 2008 to 2012. 9. in payment 10. Royal Cari Complainant money. 11. money owed As of today’s date, Respondent owes Complainant approximately $55,907.13 for services provided. Respondent failed to pay all the money collected from bbhean Cruise Lines for the benefit of Complainant to within five business days after receipt of such Respondent has not paid all the to Complainant. CONCLUSIONS OF LAW 2. Section 468.402(1)(b), Florida Statutes, states that “[t]he department may take any one or more of the 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. Section 468.406(2), Florida Statutes, states that “fa]1ll money collected by a talent agency from an employer for the benefit of an artist shall be paid to the artist, less the talent agency’s fee, within 5 business days after the receipt of such money by the talent agency. No talent agency is required to pay money to an artist until the talent agency receives payment from the employer or buyer.” 4. Based on the facts set forth above, Respondent violated Section 468.402(1)(b), Florida Statutes, through a violation of Section 468.406(2), Florida Statutes, by failing to pay all the money collected from Royal Caribbean Cruise Lines for the benefit of Complainant to Complainant within five business days after receipt of such money. = HEREFORE, 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. SIGNED this lst day of February, 2013. KEN LAWSON, Secretary Department of Business and Professional Regulation By: 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 PC Found: 1/31/13 PC Found By: L Parson LCP/jjb 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: 13-001155
Issue Date Proceedings
Feb. 17, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 13, 2014 Agreed Motion to Relinquish Jurisdiction filed.
Dec. 12, 2013 Order Continuing Case in Abeyance (parties to advise status by February 14, 2014).
Nov. 21, 2013 Status Report filed.
Nov. 19, 2013 Notice of Filing Exhibits to Status Report filed.
Nov. 19, 2013 Status Report filed.
Aug. 21, 2013 Order Continuing Case in Abeyance (parties to advise status by November 22, 2013).
Aug. 21, 2013 Status Report filed.
Jul. 17, 2013 Notice of Additional Counsel: Mark Steven Miller filed.
Apr. 11, 2013 Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by June 11, 2013).
Apr. 11, 2013 Suggestion of Bankruptcy and Motion to Stay filed.
Apr. 08, 2013 Order of Pre-hearing Instructions.
Apr. 08, 2013 Notice of Hearing by Video Teleconference (hearing set for May 28, 2013; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Apr. 05, 2013 Response to Initial Order filed.
Mar. 29, 2013 Initial Order.
Mar. 28, 2013 Administrative Complaint filed.
Mar. 28, 2013 Answer to Administrative Complaint filed.
Mar. 28, 2013 Election of Rights filed.
Mar. 28, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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