STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION COS, “Me DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. CaseNo.: 2002-00986 HAIM BAREL d/b/a NIVA MODEL OA- 4 54 MANAGEMENT, INC., f/k/a D1 MODEL & TALENT AGENCY, INC., Respondent. . ‘/ ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (Petitioner), files this Administrative Complaint against HAIM BAREL d/b/a NIVA MODEL MANAGEMENT, INC., f/k/a D1 MODEL & TALENT AGENCY, INC., (Respondent), and alleges: 1. Petitioner is the state agency charged with regulating the practice of Talent Agents pursuant to Section 20.165, Florida Statutes, and chapters 455 and 468, Part VI, Florida Statutes. 2. At all times material hereto, the Respondent was licensed as a Talent Agent, having been granted license number TA 0000677. “3. Respondent’s address of record is 420 Lincoln Road, Suite 450, Miami, Florida 33139. 4. The Respondent’s busiriess, Niva Model Management, Inc. was formerly known as D1 Model & Talent Agency, Inc. 5. The Respondent’s business name was changed from D1 Model & Talent Agency, Inc. to Niva Model Management, Inc. on or about March 12, 2002. 6. The Respondent was the Director of D1 Model & Talent Agency, Inc. 7. The Respondent is the Director of Niva Model Management, Inc. 8. The Respondent was, but may no longer be, the Registered Agent for D1 Production, L.L.C. 9. The Respondent was, but may no longer be the Manager of D1 Productions, L.L.C. 10. Although Respondent states he has no interest in D1 Production, L.L.C., he is believed to have effective control of D1 Production, L.L.C. 11. Onor about November 7, 2001, the Respondent, under the business name of D1 Production, L.L.C., entered into a written contract with Sylvia Kruger (hereinafter “Kruger”) to provide all labor and materials during the preparation of her modeling package, which was to be completed within 45 days. 12. Kruger also signed a contract with D1 Model & Talent Agency, Inc. for representation for three years as a “Talent” in the field of motion pictures, legitimate stage, voice radio broadcasting, television, and other fields of entertainment. 13. The contract price for the aforementioned package and the Talent services was & lump sum of $1650.00. 14. | The aforementioned contract does not contain the Janguage that is required by Rule 61-19.010(4)(b), Florida Administrative Code. 15. Kruger made a $400.00 deposit for her package and Talent services. 16. Kruger did not receive a full or partial package or any services. 2 COUNT I 17, Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through sixteen (16) as though fully set forth herein. 18. Section 455.227(1)(q), Florida Statutes, states in pertinent part that violating any provision of this chapter, the applicable professional practice act, or a tule of the department or board constitutes grounds for disciplinary action. 19. Rule 61-19.010(4)(b), Florida Administrative Code, states in pertinent part that all contracts between the talent agency and the artist are to contain words similar to the following: “(name of agency and license number) is regulated by the Department of Business and Professional Regulation...” 20. Based upon the foregoing, the Respondent has violated Section 455.227(1)(q), Florida Statutes, through a violation of Rule 61-19.010(4)(b), Florida Administrative Code. COUNT IT 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through sixteen (16) as though fully set forth herein. 22. Section 468.412(6), Florida Statutes, states in pertinent part that no talent agency may publish or cause to be published any false, fraudulent, or misleading information or representation. 23. Based upon the foregoing, the Respondent has violated Section 468.412(6), Florida Statutes. COUNT DI 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) : through sixteen (16) as though fully set forth herein. 3 25. Section 455.227(1)(a), Florida Statutes, states in pertinent part that making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession constitutes grounds for disciplinary action. 26. Based upon the foregoing, the Respondent has violated Section 455.227(1)(a), Florida Statutes. COUNT IV 27. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through sixteen (16) as though fully set forth herein. 28. Section 455.227(1)(k), Florida Statutes, states in pertinent part that failing to perform any legal obligation placed upon a licensee constitutes grounds for disciplinary action. 29, Based upon the foregoing, the Respondent has violated Section 455.227(1)(k), Florida Statutes. COUNT V 30. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through sixteen (16) as though fully set forth herein. 31. Section 455.227(1)(m), Florida Statutes, states in pertinent part that making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession constitutes grounds for disciplinary action. 32. Based upon the foregoing, the Respondent has violated Section 455.227(1)(m), Florida Statutes. COUNT VI 33. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) 4 through sixteen (16) as though fully set forth herein. 34, Section 468.402(1)(e), Florida Statutes, states that knowingly committing or being party to any material fraud, misrepresentation, concealment, conspiracy, trick, collusion, 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 constitutes grounds for which disciplinary action may be taken. 35, Based upon the foregoing, the Respondent has violated Section 468.402(1)(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 the statutory maximum for every count or separate offense, issuance of a reprimand, assessment of costs associated with the investigation, probation, and/or any other relief appropriate. SIGNED this SO ~ _ ay of Sephev er 2002. Bua HA E D BY> ail Scott-Hill on . : sg. an a Prot egsional Regul Chief Professions Attorney Department of Lest Pe Florida Bar No. 909289 Department of Business and + Professional Regulation wi Ar an ’ 1940 North Monroe Street CLERK 0- \4 9002 Tallahassee, Florida 32399-2202 COUNSEL FOR THE DEPARTMENT: CHARLES PELLEGRINI Florida Bar Number 989274 Assistant General Counsel Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2022 Tel. (850) 414-6088 Fax (850) 414-6749 GSH:CP/jar Case No. 2002-00986 pepe: G-30-2002

Docket for Case No: 03-004159PL