- STATE OF FLORIDA Op “fe - ‘DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION -% tg, Se ae tof, “Ss -€& cane. ys . Ay _ DEPARTMENT OF BUSINESS AND’ Cy U4, PROFESSIONAL REGULATION, “Oa Go “43 . SCL, Petitioner, v. ° CaseNo.: 2001-09140 HAIM BAREL d/b/a NIVA MODEL . 93-Hlb 3 MANAGEMENT, INC., fk/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, ING, Slk/a D1 MODEL & TALENT AGENCY, INC. (Respondent), and ) alleges: ) 1. Petitioner is the state agency charged with regulating the practice of “Telent Agents “pursuant to Section 20.165, Florida Statutes, and chapters 455 and 468, Part VIL, Florida Statutes. 2. At all times material hereto, the Respondent was licensed as a Talent Agent, having been license number TA 0000677 on or about April 11, 2001. 3. Respondent's address of record i is 420 Lincoln Road, Suite 450, Miami, Florida 33139. 4, The Respondent’s business, Nivd 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 is the Registered Agent for D1 Production, L.L.C. “9, The Respondent is the Manager of D1 Productions, L.L.C. 10. Onor about April 17, 2001, the Respondent, under the business name of Di Model & Talent Agency, Inc., entered into a contract with Elizabeth Favier (hereinafter “Favier’). 1 1. The aforementioned contract does not contain the language that is required by Rule 61-19.010(4)(b), Florida Administrative Code. 12. The aforementioned contract does not include the Respondent’s license number, as required by Rule 61-19.01 0(2), Florida Administrative Code. 13. Favier also signed a contract with D1 Production, LL.C. for a production package. 14, . The aforementioned production package was to include a professional portfolio, a personal internet web site, composite cards, and a CD-ROM. 15. The aforementioned package was to cost $1850.00. 16. Favier has paid $1300.00 of the package price. 17. Favier has received only the composite cards and the CD-ROM. COUNT ONE 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through seventeen (17) as though fully set forth herein. Qed 19. 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 rule of the department or board constitutes grounds for disciplinary action. 20. . Rule 61-19.010(4)(>), 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...” 21. 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 HI . 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through seventeen (17) as though fully set forth herein. 23. 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. 94, Rule 61-19.010(2), Florida Administrative Code, states in pertinent part that all contracts entered into by the talent agency shall include the license number of the agency as registered with the Dep artment. 25. Based upon the foregoing, the Respondent has violated Section 455.2270)(@); Florida Statutes, through a violation of Rule 61-19.010(2), Florida Administrative Code. COUNT Di 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) . through seventeen (17) as though fully set forth herein. 2 3 27. 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. 28. Based upon the foregoing, the Respondent has violated Section 468.412(6), Florida Statutes. COUNTIV 29. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through seventeen (17) as though fully set forth herein. 30. Section 455.227(1)(@), 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. 31. Based upon the foregoing, the Respondent has violated Section 455 .227(1)(a); Florida Statutes. . COUNT V. 32. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through seventeen (17) as though fully set forth herein. 33. Section 45 5.227(1)(k), Florida Statutes, states in pertinent part that failing to perform any legal obligation placed upon 4 licensee constitutes grounds for disciplinary action. 34, Based upon the foregoing, the Respondent bas violated Section 455.227(1)Q), Florida Statutes. . COUNT VI 35. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) . through seventeen (17) as though fully set forth herein. 36. 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 constitutes grounds for disciplinary action. 37. Based upon the foregoing, the Respondent has violated Section 45 5.227(1)(m), 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 five thousand dollars ($5,000.00) for every count or separate offense, issuance of a reprimand, assessment of costs associated with the investigation, probation, and/or any other relief appropriate. sayor Angsty SIGNED this | 2 7_ day of _ 2002. \; \ 1 Gail Scott-Hil pusiness RK Chief Professions Attorney penarien CES TY CHER Florida Bar No. 909289 /Vl Department of Business and Pardes 2 Professional Regulation CLERK Qo - 900 1940 North Monroe Street ore Tallahassee, Florida 32399-2202 pare 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 a eg oe Tel. (850) 414-6088 Fax (850) 414-6749 GSH:CP/kms Case No. 2001-09140 PCP:

Docket for Case No: 03-004163PL