L8-AB4VI “ STATE OF FLORIDA “ie DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUYATIONS wy My. DEPARTMENT OF BUSINESS AND “S PROFESSIONAL REGULATION, Petitioner, Vv. CASENO, 2002-01205 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 VII, 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 or around January of 2001, Ms. Lisa Menuto (hereinafter “Ms. Menuto”), responding to an advertisement for models in the Weekly Planet, contacted Model 2000, Inc. Hi\Talent agencies\Models 2002-01205\2nancy sniffon 2002-01205 AC.doc 5. Ms. Menuto met with Nancy Sniffen (hereinafter “Ms. Sniffen”) and was told by Ms. Sniffen that she had potential for being a model. 6. Ms. Sniffen also stated that she had contacts at Burdines and J.C. Penney’s and would market Ms. Menuto with those companies. 7. Ms. Menuto was further guaranteed work with various commercial and print designers. 8. Ms. Sniffen told Ms. Menuto that, for marketing purposes, composite cards would have to be made. 9. Ms. Sniffen indicated that the only way Ms. Menuto could get work was to order composite cards. 10. Ms. Sniffen set an appointment for the photo shoot and Ms. Menuto paid a deposit of $100.00. 11. Ms. Menuto paid the remaining balance of $246.94 on the day of the photo shoot. 12. The photo shoot took place in the parking lot of the Model 2000, Inc. office. 13. Ms. Menuto selected the photos that were to be used on the composite cards and paid an additional sum of $346.94 for one hundred cards. 14. Ms. Menuto was given thirty-five composite cards while the rest were kept by Model 2000, Inc. for mailing to prospective employers and contacts in Georgia. 15. Ms. Menuto called Model 2000, Inc. every Monday for about six to seven weeks but was only successful in leaving messages with Model 2000, Inc.’s secretary. 16. Ms. Menuto was never contacted by Model 2000, Inc. 17. Ms Menuto has not received any auditions or employment from or through Model 2000, Inc. COUNT ONE 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count One. 19. 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. 20. Based on foregoing, the Respondent has violated Subsection 468.402(1)(e), Florida Statutes. COUNT TWO 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count Two. 22. 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. 23. Based on foregoing, the Respondent has violated Subsection 468.402(1)(s), Florida Statutes. COUNT THREE 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count Three. 3 25. 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. 26. Based on foregoing, the Respondent has violated Subsection 468.402(1)(d), Florida Statutes. COUNT FOUR 27. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count Four. 28. 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. 29, Based on foregoing, the Respondent has violated Subsection 468.410(2), 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 4 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 2\ $F day of 2002. 0S A. HAL il Scott-Hill ) ation Lead Professions Attorney t \\ Pato Florida Bar No. 909289 pepartment ot wep CLERK Department of Business and ’ Professional Regulation . 1940 North Monroe Street , 9. Tallahassee, Florida 32399-2202 DATE GSH:mal Case No. 2002-01205

Docket for Case No: 02-002985

Orders for Case No: 02-002985