DF fID?P STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PROFESSIONS - TALENT AGENCIES DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. LAWRENCE PESCE D/B/A GOLD COAST TALENT AGENCY, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (Petitioner), files this Administrative Complaint before the Division of Professions - Talent Agencies (Board), against Lawrence Pesce d/b/a Gold Coast Talent Agency, 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 (2000), and chapters 455 and 468, Part VU, Florida Statutes. 2. At all times materia! hereto, Respondent Gold Coast Talent Agency, Inc., was licensed in the State of Florida as a Talent Agency, license number TA 0000545. 3. Respondent’s address of record with the Department is 16499 N_E. 19th Avenue, Suite 103, Miami, FL 33162. 4. The Department has been unsuccessful in its diligence to determine Respondent’s whereabouts. GAOGO Talent Agemts\ACStFALENT AGENCY AC TEMPLATE.doe 5. On or about October 4, 2002, Respondent corporation was administratively dissolved for failure to file an annual report with the Secretary of State. 6. Section 468.403(4)(c), Florida Statutes, states that each application for a talent agency license must include the street and number of the building or place where the talent agency is to be located. . 7. Section 468.403(9), Florida Statutes, states in pertinent part that any changes in the application supplied to the department by the applicant must be submitted to the department within 30 days after the date of such change. 8. Respondent has failed to notify the Department of its current location within 30 days of relocation and is no longer conducting business at its address of record, conduct that violates section 468.403(9), Florida Statutes 9. Section 468.412(10), Florida Statutes, states that each talent agency must maintain a permanent office and must maintain regular operating hours at that office. 10, Respondent is no longer maintaining a permanent office with regular operating hours, conduct that violates section 468.4 12(10), Florida Statutes. 11. Section 468.406(2), Florida Statutes, states in pertinent part that all money collected by a talent agency for the benefit of an artist shall be paid to the artist within 5 business days after the receipt of such money. 12. Section 468.402(1(e), Florida Statutes, prohibits a licensee from knowingly committing or being a party to any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relying upon the work, representation, OF conduct of the talent agency acts Or has acted to his or her injury or damage. CAOGC Talent AgemtsiAc: STALENT AGENCY AC TEMPLATE.doc 13. Jnor around April 2002, Respondent contracted with Arlene Fis (“Fis”) to perform for compensation. Fis’s work, which Respondent arranged, included, but was not limited to, work performed on various jobs that took place during the month of June 2002. Fis was to be reimbursed approximately $505.00 for the work she performed. 14, Respondent was duly paid by the employers for the work Fis performed. 15. | When Fis tried to contact Respondent about payment, she was given a multitude of excuses as to why she hadn’t been paid by Respondent, including but not limited to, stating that Respondent hadn’t been paid for the work Fis had performed, Respondent had run out of checks to pay Fis, and that Respondent was too busy to pay Fis because it was moving to anew location. Respondent still owes Fis approximately $505.00 in back wages. Respondent disconnected its phones and closed shop without notifying Fis or providing ber any forwarding information for future contacts regarding the outstanding balance. This conduct of Respondent violates sections 468.406(2) and 468.402(1)(e), Florida Statutes. 16. Section 468.402(1)(p), Florida Statutes, provides that failure to perform any statutory or legal obligation placed upon a licensed talent agency is a grounds for discipline. 17. Respondent’s violations of sections 468.403(4)(C), 468,403(9), 468.412(19), 468.406(2) and 468.402(1)(e), Florida Statutes, is conduct that violates section 468.402(1)(p), Florida Statutes. COUNT ONE 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 19. Based on the foregoing, Respondent violated section 468.402(1)(e), Florida Statutes. 1v>) 8. ey ae ENT AGENCY AC TEMPLATE.doc COUNT TWO 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 21. Based on the foregoing, Respondent violated section 468.406(2), Florida Statutes. COUNT THREE SE 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. “93. Based on the foregoing, Respondent violated section 468.402(1)(p), Florida Statutes, when it violated section 468.412(10), Florida Statutes. COUNT FOUR sy 24, Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 25. Based on the foregoing, Respondent violated section 468.402(1)(p), Florida Statutes, when it violated section 468.406(2), Florida Statutes. COUNT FIVE 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 27. Based on the foregoing, Respondent violated section 468 402(1)(p), Florida Statutes, when it violated section 468.403(9), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board enter an order imposing one oT more of the following penalties: revocation or suspension of Respondent's license, imposition of an administrative fine not to exceed five thousand dollars ($5,000.00) for each count or separate offense, issuance of a reprimand, placement of Respondent on probation, restriction of CANS RTalent AgertsiACSTALENT AGENCY AC TEMPLATE.doe Respondent’s authorized scope of practice, assessment of costs associated with investigation and prosecution, imposition of any or all penalties delineated within section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to chapters 455 and/or 468, Part VIL Florida Statutes, and/or the rules promulgated thereunder. , (Na Signed this S 7 aay of 2003. Cc 1 for the D amt: ; LV) \s\ ounsel for the cot \Lt ¥ ox en Charles Pellegrini Assistant General Counsel " ce Florida Bar No. 989274 pepartent © jepU™Y N Ni i Li; Department of Business and Professional Regulation Pyar len 4, 1940 North Monroe Street querx “A\Tc Tallahassee, FL 32399-2202 » Telephone: (850) 414-6088 pATE Facsimile: | (850) 414-6749 GSH: CP/sch Case No. 2002-013630 PCP: 3B-S-O2 Scott-Hill GAOGH Talent. Agents\ACs\TALENT (AGENCY AC TEMPLATE doc

Docket for Case No: 03-004150PL