(3 SI) & STATE OF FLORIDA hs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONY 1°) | DIVISION OF PROFESSIONS - TALENT AGENCIES OS py DEPARTMENT OF BUSINESS AND ra PROFESSIONAL REGULATION, o Petitioner, v. Case No. 2002-010039 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 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 believes Lawrence Pesce resides at 2195 Portland Court, Wellington, Florida 33414. GAOGCTalent Agents\AC's\TALENT AGENCY AC TEMPLATE.doc 5. Lawrence Pesce was the owner and operator of Gold Coast Talent Agency at all times material to this matter. 6. On or about October 4, 2002, Respondent corporation was administratively dissolved for failure to file an annual report with the Secretary of State. 7. 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. 8. 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. 9. 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 10, 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. 11. | Respondent is no longer maintaining a permanent office with regular operating hours, conduct that violates section 468.412(10), Florida Statutes. 12. 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. 13 Section 468.402(1)(e), Florida Statutes, prohibits a licensee from knowingly 13, committing or being a party to any material fraud, misrepresentation, concealment, conspiracy, GAOQGC\Talent Aperts\AC's\TALENT AGENCY AC TEMPLATE.doc 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. 14. In or around April 2002, Respondent contracted with Hali Andra Levy (“Levy”) to perform for compensation asa talent. Levy’s work, which Respondent arranged, inciuded, but was not limited to, work performed on May 8, 2002, for Blue Hotel Productions, Inc., and June 10-13, 2002, for C.A-P.S., Inc./MGM Pictures, Inc. 15. Respondent was duly paid by the employers for the work Levy performed. 16. To date, Respondent has not paid Levy the wages owed to her in the amount of $400.18. 17. Respondent misappropriated a check from C.A-P.S, Inc., written to Levy and deposited it in Respondent’s bank account. 18. Respondent was eventually paid through a claim against Respondent’s bond and through Respondent’s bank. 19. Respondent disconnected its phones and closed shop without notifying Levy 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. 20. 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. 21. Respondent’s violations of sections 468.403(4)(c), 468.403(9), 468.412(10), 468.406(2) and 468.402(1)(e), Florida Statutes, is conduct that violates section 468.402(1)(p), Florida Statutes. ive) GAOGC Talent Agents\AC's\TALENT AGENCY AC TEMPLATE.doc COUNT ONE 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(i)(e), Florida Statutes. COUNT TWO 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 468.406(2), Florida Statutes. COUNT THREE 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 468.412(10), Florida Statutes. COUNT FOUR 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 29, Based on the foregoing, Respondent violated section 468.402(1)(p), Florida Statutes, when it violated section 468.406(2), Florida Statutes. COUNT FIVE 30. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. GAOGC\Talent Agents\AC's\TALENT AGENCY AC TEMPLATE.doc 31. 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 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 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. a heed’ 2 Signed this 2 day of ) tq 2003. C1. ALL» Charles J. Pellegrini Y “” ) Assistant General Counsel ’ By Delegation of the Secretary Counsel for the Department: Charles Pellegrini 7 Assistant General Counsel Florida Bar No. 989274 Department of Business and Professional Regulation Pyacde ’ 1940 North Monroe Street cierk OMA 9003 Tallahassee, FL 32399-2202 xe O-Ae DATS Telephone: (850) 414-6088 Facsimile: (850) 414-6749 . nal Reguiation + of Business and Prof Department 9 DEPUTY CLE Case No. 2002-010039, PCP: Pellegrini 7/>/e3 7 a GAOGC\Talent Agents\AC's\TALENT AGENCY AC TEMBLATE.doc

Docket for Case No: 03-004156PL