Wt STATE OF FLORIDA we Sg ; DEPARTMENT OF BUSINESS AND PROFESSIONAL REgbLATION 7, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, DA -BLY b v. CASENO. 2002-01766 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 VIL, 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. On February 23, 2002, as a result of an advertisement she noticed in the Weekly Planet, Ms. Bilan Evans (hereinafter “Ms. Evans”) met with Nancy Sniffen (hereinafter “Ms. Sniffen’’) at the Model 2000, Inc. office. 5. Ms. Sniffen told Ms. Evans that she was pretty, thin, and was model material. 6. Ms. Sniffen stated that she believed Ms. Evans could get work as a commercial and print model. 7. Ms. Sniffen told Ms. Evans that she would need photos taken so that they could make appropriate comp cards. 8. Ms. Evans signed a non-exclusive contract, which indicated that Model 2000, Inc. would receive 20% of Ms. Evans’ earnings. 9. Ms. Evans asked if Model 2000, Inc. would be sending her cards out in the search for jobs and was told by Ms. Sniffen that they would. 10. Ms. Sniffen scheduled a photo shoot to take place on February 27, 2002 and Ms. Evans paid Model 2000, Inc. a $100 deposit. 11. | On February 27, 2002, the photo shoot took place and Ms. Evans paid Model 2000, Inc. the remaining balance of $247.75. 12. When the photographs from the photo shoot were developed, Ms. Evans met with Ms. Sniffen to select the ones to be used as her comp cards. “13. Ms. Sniffen told Ms. Evans that she would need a total of two hundred cards with 25 to be given to Model 2000, Inc. and the rest sent out to various companies. 14. Ms. Evans paid $588.50 for the comp cards. 15, On March 22, 2002, Ms. Evans was contacted by Model 2000, Inc. and informed that her comp cards were ready. 16. Ms. Evans went to pick up her cards and was disappointed when Ms. Sniffen gave all the cards to her. 17. Ms. Sniffen told Ms. Evans to go through the phone book and send comp cards to 2 other talent agencies. 18. Ms. Sniffen told Ms. Evans about a job at Tropicana Field as a sales representative. 19. Ms. Evans turned down Ms. Sniffen’s job offer as it was not a modeling position. 20. Ms. Evans told Ms. Sniffen that she thought it was Model 2000, Inc.’s job to solicit employment through her comp cards. 21. Ms. Sniffen said that Ms. Evans needed to solicit her own comp cards. 22. Ms. Evans has not heard from Model 2000, Inc. since she received her comp cards. 23. Ms. Evans has not received modeling work from or through Model 2000, Inc. COUNT ONE 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth in this Count One. 25. 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. 26. Based on foregoing, the Respondent has violated Subsection 468.402(1)(e), Florida Statutes. . COUNT TWO 27. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth in this Count Two. 3 28. 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. 29. Based on foregoing, the Respondent has violated Subsection 468.402(1)(s), Florida Statutes. COUNT THREE 30. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth in this Count Three. 31. 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. 32. Based on foregoing, the Respondent has violated Subsection 468.402(1)(d), Florida Statutes. COUNT FOUR 33. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth in this Count Four. 4 34. 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. 35. Based on foregoing, the Respondent has violated Subsection 468.410(2), Florida Statutes. COUNT FIVE 36. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth in this Count Five. 37. 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 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. | “38. Based on the foregoing, the Respondent has violated Subsection 468.401(1)(t), Florida Statutes. COUNT SIX . 39. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth in this Count Six. 40. 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 5 attend any publication, postcard service, advertisement, resume service, photography service, school, acting school, workshop, or acting workshop. 41. Based on the foregoing, the Respondent has violated Subsection 468.413(2)(e), 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 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 _/ cs day of 2002. at SLERK Lead Professions Attorney CLERK - 5- 2.00 ATE GSH:mal D Case No. 2002-01766 pcp: (-2\-ACO2

Docket for Case No: 02-002986

Orders for Case No: 02-002986