UY Or» Final Order No. BPR-2003-01644 Date: Y, FILED 5 24 "03 ae a Department of Business and Professional Regulation : ~*- rd Sy AGENCY CLERK Sarah Wachman, Agency C erk Letadh. tr Thich STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION aan DEPARTMENT OF BUSINESS AND __ ) PROFESSIONAL REGULATION, ) ) Petitioner, ) yy ) DOAH Cases Nos. 02-2982 ' Lb- Rabe v. ) through 02-2996 ) MODEL 2000, INC., ) ) Respondent. ) ) FINAL ORDER The Secretary of the Department of Business and Professional Regulation (Department) enters this Final Order in the above referenced matter. PRELIMINARY STATEMENT The Department charged Model 2000, Inc. (Nancy Sniffen) in 15 separate Administrative Complaints with violating chapter 468, part VII, Florida Statutes, the Talent Agencies law. The Department charged Sniffen with multiple violations of sections 468.402(1)(d), 468.402(1)(e), 468.402(1)(s), 468.402(1)(t), 468.410(2), 468.410(3), 468.412(6), and 468.413(2)(e), Florida Statutes. The Administrative Complaints advised Sniffen that the agency could impose one or more of the following penalties: revocation or suspension of Sniffen’s license, imposition of an administrative fine not exceeding $5,000 for each count or separate offense, restitution, issuance of a public reprimand, assessment of costs associated with the investigation, probation, and/or any Department of Business and Professional Regulation v. Page 1 of 5 Model 2000, inc., DOAH Cases Nos. 02-2982 through 02-2996 other relief appropriate. Sniffen timely requested a hearing under sections 120.569 and 120.57(1), Florida Statutes. The procedural history of the proceedings before the Division of Administrative Hearings (DOAH) are set out by the Administrative Law Judge (ALJ) in the Recommended Order, which is adopted in full and incorporated in this Final Order. The Recommended Order is attached as exhibit A. On January 10, 2003, the ALJ recommended that the Department enter a final order: 1) dismissing four Administrative Complaints; 2) finding Model 2000 in violation of sections 468.413(2), (3), and (4), Florida Statutes; 3) requiring Model 2000 (Sniffen) to pay restitution to 11 complainants; 4) imposing of a fine of $11,000; and 5) permanently revoking Model 2000's (Sniffen) Talent Agency license. The ALJ also recommended that the Department pursue judicial sanctions available in section 468.413(4), Florida Statutes, if Model 2000 (Sniffen) does not immediately pay the restitution and fines ordered. [Ex. A: Recommended Order at 17-18] Neither party filed exceptions to the Recommended Order. FINDINGS OF FACT 1. The Division adopts and incorporates by reference the Findings of Fact set forth in the Recommended Order. CONCLUSIONS OF LAW 2. The Division adopts and incorporates by reference the Conclusions of Law set forth in the Recommended Order. Department of Business and Professional Regulation v. Page 2 of 5 Mode! 2000, Inc., DOAH Cases Nos. 02-2982 through 02-2996 3. The Secretary, after reviewing the transcript and the entire record, finds that the ALJ miscalculated the amount paid by Robert Mikolajezak. According to the transcript, Mr. Mikolajczak paid $347.10, not $347.00. [Transcript at 116, 118, Petitioner's Exhibit 02-2990] The agency has adjusted the amount of restitution awarded accordingly. ORDER Based on the foregoing findings of fact and conclusions of law, it is ORDERED: 1. The Administrative Complaints for Bilan Evans, DOAH case no. 02- 2986, BPR case no. 02-01766; Louis Kribs, DOAH case no. 02-2987, BPR case no. 02-00952; John Greene, DOAH case no. 02-2989, BPR case no. 00-01741: and Patricia Van Sant Meyer, DOAH case no. 02-2991, BPR case no. 02-00503 are DISMISSED; 2. Respondent shall make restitution in the amounts stated to the complainants below within 60 days: Case No. Complainants Amount DOAH 02-2982 Spencer Borisoff $934.07 DOAH 02-2983 Tom Stanton $855.00 DOAH 02-2984 Athena Lopez $466.94 DOAH 02-2985 Lisa Menuto $693.02 DOAH 02-2988 Gina Hughes $1,040.82 DOAH 02-2990 Robert Mikolajczak $347.10 DOAH 02-2992 Aaliyah Womack $603.92 DOAH 02-2993 Charlene Mars $261.15 DOAH 02-2994 Irma Avery $774.90 DOAH 02-2995 Nelita Parris $150.00 DOAH 02-2996 Christy West $855.00 Department of Business and Professional Regulation v. Mode! 2000, Inc., DOAH Cases Nos. 02-2982 through 02-2996 Page 3 of 5 3. Respondent shall pay a fine of $11,000 (Eleven Thousand Dollars and No Cents), which shall be payable to the Department of Business and Professional Regulation, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-0750 within 30 calendar days of the effective date of this order, which is the date of filing with the Agency Clerk; 4. Respondent's Talent Agency License No. TA0000618 is permanently REVOKED; and 5. Should Respondent fail to timely comply with full payment of the restitution and fine ordered, the Department shall pursue judicial sanctions as provided in sections 468.413(2) and 468.413(4), Florida Statutes. DONE and ORDERED in Tallahassee, Leon County, Florida, this 2 7 ? day ofA 2003. 2002-01767 2002-00807 2000-03275 2002-01766 2000-09392 Department of Business and Professional Regulation v. 2002-01194 2002-00920 2002-00952 2000-01741 2002-01205 2001-03661 2002-00503 2002-00041 2002-01510 2002-00019 Chang. Cer DIANE CARR, SECRETARY Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0750 Page 4 of 5 Model 2000, Inc., DOAH Cases Nos. 02-2982 through 02-2996 NOTICE OF RIGHT OF APPEAL THIS FINAL ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED BY ANY PARTY SUBSTANTIALLY AFFECTED BY THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULE 9.110, FLORIDA RULES OF APPELLATE PROCEDURE, BY FILING A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE 9.110(d), FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE APPROPRIATE FILING FEE, AND WITH THE AGENCY CLERK, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, AT 1940 NORTH MONROE STREET, TALLAHASSEE, FLORIDA 32399-1007 WITHIN THIRTY (30) DAYS OF THE RENDITION OF THIS ORDER. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail to Nancy Sniffen, President, Model 2000, : s 2a Inc., 4852 West Gandy Bivd., Tampa, Florida 33611, this day of May » 2008, re } . / W - ff" SARAH WACHMAN, Agency Clerk Copies furnished to: Division of Administrative Hearings Gail Scott-Hill, Esq., Office of the General Counsel Charles Tunnicliff, Esq., Office of the General Counsel Julie Malone, Executive Director Department of Business and Professional Regulation v. Page 5 of 5 Model 2000, Inc., DOAH Cases Nos. 02-2982 through 02-2996

Docket for Case No: 02-002994

Orders for Case No: 02-002994