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.
|