UZ AISY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PROFESSIONS - TALENT AGENCIES DEPARTMENT OF BUSINESS AND oO PROFESSIONAL REGULATION, Petitioner, \ “Le so v. Case No. 2002-008630 2° & a3, g. LAWRENCE PESCE D/B/A an Py 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 material 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. GAOGC Talent Agents\AC'S\TALENT AGENCY AC TEMPLATE.doc 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-90 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 468.412(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, OT conduct of the talent agency acts or has acted to his or her injury or damage. GAOGC\Talent Agents\AC's\ TALENT (AGENCY AC TEMPLATE. doc 13. ‘Jnor around March 2002, Respondent contracted with Victoria Hom (“Horn”) to perform for comp ensation. Horn’s work, which Respondent arranged, included, but was not limited to, work performed on a job that took place on March 17, 2002, for Gulfstream Park. Horn was to be reimbursed approximately $300.00 for the work she performed. 14, Respondent was duly paid by the employers for the work Horn performed. 15. | Respondent failed to pay Horn for the Gulfstream Park work. On or about June 28, 2002, Horn went to Respondent’s place of business and demanded payment for the work performed, at which point Respondent issued her a check in the amount of $300.00. When Hom tried to deposit the check into her account, it was returned for insufficient funds. Respondent told Horn to allow it approximately one week to get the situation cleared up, at which point Respondent promised to pay Horn for her work on the Gulfstream Park project. Respondent still owes Horn approximately $300.00 in back wages. Respondent disconnected its phones and closed shop without notifying Hom or providing her 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(10), 468.406(2) and 468.402(1)(e), Flonda 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. 1e>) GAQGC Talent Agents\ACs\TALENT AGENCY AC TEMPLATE.doe 19. Based on the foregoing, Respondent violated section 468.402(1)(e), Florida Statutes. 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 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 23. Based on the foregoing, Respondent violated section 468.402(1)(p), Florida Statutes, when it violated section 468.412(10), Florida Statutes. COUNT FOUR 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 or more of the following penalties: revocation or suspension of Respondent's license, imposition of GAOGOTalent Agents\ACS\TALENT [AGENCY AC TEMPLATE.doc 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 Respondent’s authorized scope of practice, assessment of costs associated with investigation and prosecution, imposition of any o7 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. Signed this St ~_ day of 1t~ 2003. sou EAN ott-Hill Lead Professions Attorney Counsel for the Depart Charles Pellegrini t \ \ t D a regulation Assistant General Counsel « Business nd Pro! tess Florida Bar No. 989274 pepartment Oe roy Y LER! Department of Business and Professional Regulation Pardo ’ 1940 North Monroe Street ‘4 Tallahassee, FL 32399-2202 can O17 2 Telephone: (850) 414-6088 DATE Facsimile: (850) 414-6749 GSH:CP/sch . Case No. 2002-008630 pep: 3-S-O2 Scott-Hill GaOGO Talent Agents\ACS\STALENT [AGENCY AC TEMPLATE.doc

Docket for Case No: 03-004154PL