LDR-APDIY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. CASENO. 2002-01767 MODEL 2000, INC. Respondent. / SS 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 VI, ’ Florida Statutes. 2. At all 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 the summer of 2000, Athena Lopez (hereinafter “Ms. Lopez”), responding to an - advertisement for models in the Weekly Planet, contacted Model 2000, Inc. Fae S aeterel 5. Ms. Lopez met with Nancy Sniffen (hereinafter “Ms. Sniffen”) and was told by Ms. Sniffen that she had potential for being a model. 6. Ms. Sniffen told Ms. Lopez that she could get work as a television or print model. 7. Ms. Sniffen told Ms. Lopez that she had connections with Dillards Department Store and that Tampa was a good market for modeling work. 8. Ms. Sniffen told Ms. Lopez that it was necessary to have photographs taken and composite cards made. 9. Ms. Sniffen set up an appointment for the photo shoot and Ms. Lopez paid a $100.00 deposit. 10. Ms. Lopez signed a non-exclusive contract with Model 2000, Inc., which indicated that Model 2000, Inc. would get 20% of whatever Ms. Lopez earned. 11. Ms. Lopez was not given a copy of her contract with Model 2000, Inc. 12. On July 18, 2000, Ms. Lopez arrived for her photo shoot and paid an addition $346.94. 13. Ms. Lopez’ photo shoot took place in the vicinity of the Model 2000, Inc. parking lot. - 14. Ms. Lopez was promised the negatives from her photo shoot but never received them. 15. Ms. Lopez was dissatisfied with the pictures she received because they were poor in quality. 16. Ms. Lopez attempted to contact Model 2000, Inc. after the photo shoot but was always told that they were very busy and would call her back. 17. Ms. Lopez never received a call back from Model 2000, Inc. 2 18. Ms. Lopez has not received any work from or through Mode! 2000, Inc. COUNT ONE 19, Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count One. 20. 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. 21. Based on foregoing, the Respondent has violated Subsection 468.402(1)(e), Florida Statutes. COUNT TWO 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count Two. 23. 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. 24. Based on foregoing, the Respondent has violated Subsection 468.402(1)(s), - Florida Statutes. COUNT THREE 25. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count Three. 26. 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. 27. Based on foregoing, the Respondent has violated Subsection 468.402(1)(d), Florida Statutes. COUNT FOUR 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count Four. "29, — 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. 30. Based on foregoing, the Respondent has violated Subsection 468.410(2), Florida Statutes. COUNT FIVE 31. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count Five. 32, 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. 33. Based on foregoing, the Respondent has violated Subsection 468.410(3), Florida Statutes. COUNT FIVE 34, Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count Five. 35. 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. 36. Based on foregoing, the Respondent has violated Subsection 468.410(3), Florida Statutes. COUNT SIX 37. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count Six. 38. Section 468.401(1)(t), Florida Statutes, states that the department may take any one or more of the actions specified in subsection (5) against any person who has: exercised 5 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. 39. Based on the foregoing, the Respondent has violated Subsection 468.401(1)(t), Florida Statutes. COUNT SEVEN 40. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth in this Count Seven. 41. — 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. 42. Based on the foregoing, the Respondent has violated Subsection 468.413(2)(e), Florida Statutes. WHEREF ORE, 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. BY: Gajl Scott-Hill Lead Professions Attorney GSH:mal 9002 Case No. 2002-01767 oa? FILED Department of Busmess and Professional Regulation DEPUTY CLERK CLERK owe 7-5-2002

Docket for Case No: 02-002984

Orders for Case No: 02-002984