Oy os as DEPARTMENT OF BUSINESS AND a “ PROFESSIONAL REGULATION, ‘%s Petitioner, v. CaseNo.: 2001-06349 HAIM BAREL d/b/a NIVA MODEL 03-415 MANAGEMENT, INC., f/k/a D1 MODEL & TALENT AGENCY, INC., Respondent. E as | nl 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 25 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 331 39. 4. The Respondent's business, Niva Model Management, Inc. was formerly known as D1 Model & Talent Agency, Inc. _ _—w . — e 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. On or about January 26, 2001, the Respondent, under the business name of D1 Model & Talent Agency, Inc., entered into a contract with Natalie Bru (hereinafter “Bru”). 11. 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 61-19.010(2), Florida Administrative Code. 13. | Bmalso signed a contract with D1 Production, L.L.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. T6. Bru has paid the entire $1850.00 of the package price. 17. Bru has received none of the package items she was promised. COUNT ONE 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through seventeen (17) as though fully set forth herein. 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 disciplmary action. 20.° Rule 61-19.010(4)(b), Fiorida Administrative Code, states in pertinent part that all 4 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 HL 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 rule of the department or board constitutes grounds for disciplinary action. 04. Rule 61-19.010(2), Florida Administrative Code, states in pertinent part that all v contracts entered into by the talent agency shall include the license number of the agency as registered with the Department. 25. Based upon the foregoing, the Respondent has violated Section 455.227(1)(q), Florida Statutes, through a violation of Rule 61-19.010(2), Florida Administrative Code. COUNT Of 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through seventeen a7 as though fully set forth herein. ' 27. Section 468.412(6), Florida Statutes, states in pertinent part that no taient agency _ maay publish or cause to be published any false, fraudulent, or misleading information or 3° representation. 28. Based upon the foregoing, the Respondent has violated Section 468.412(6), Florida Statutes. COUNT IV 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(D(@), 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 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. 34, Based upon the foregoing, the Respondent has violated Section 455.227(1)(k), Florida Statutes. COUNT Yi 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 455.227(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 ofan 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. aw SIGNED this | / _—__ day of 2002. ant Pros "Chief Professi gf BUSS RK ef Professions Attorney pepatet AEDT ETS Florida Bar No. 909289 /V wu Department of Business and ’ Professional Regulation CLERK Up- 2002 1940 North Monroe Street ATE oe Tallahassee, Florida 32399-2202 COUNSEL FOR THE DEPARTMENT: CHARLES PELLEGRINI Florida Bar Number 989274 Assistant General Counsel Department of Businéss & Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2022 Tel. (850) 414-6088 Fax (850) 414-6749 _ GSH:CP/kms ww _ Case No. 2001-06349 PCP: 8 fra for

Docket for Case No: 03-004165PL