Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: THE SANDI BELL TALENT AGENCY
Judges: JEFF B. CLARK
Agency: Department of Business and Professional Regulation
Locations: Ocoee, Florida
Filed: Mar. 17, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 30, 2010.
Latest Update: Dec. 25, 2024
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Deputy Agency Clerk
Brandon Nichols
11/16/2009
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
TALENT AGENCIES
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
ve Case No.: 2009-043075
THE SANDI BELL TALENT AGENCY,
Respondent,
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT Or BUSINESS AND PROFESSIONAL
REGULATION (“Petitioner”), files this Administrative Complaint
before the Division of Professions for Talent Agencies
(“Department”) against The Sandi Bell Talent Agency
(“Respondent”), and alleges:
1. Petitioner is the state agency charged with regulating
the practice of talent agencies, pursuant to Section 20.165,
Florida Statutes, and Chapters 455 and 468, Part VII, Florida
Statutes.
2. At all times material hereto, Respondent was licensed
in the State of Florida as a talent agency, having been issued
license number TA 526.
3. Respondent’s address of record with Che Department is
2582 South Maguire Road #171, Ocoee, Florida 34761.
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4. At all times material hereto, Respondent was the
talent agency representing Jennifer Pena (“Pena”).
5. At all times material hereto, Sandi Bell was the owner
and operator of The Sandi Bell Talent Agency.
6. Respondent procured work for Pena aS an actor on the
Public Broadcasting Service (“PBS”) television station where
Pena performed on the “PBS Kids Program Block.”
7. On April 22, 2009, Talent Paymaster mailed check
number #150791 in the amount of $2,726.61 to Respondent for
Pena's performance on PBS. The check was payable to Jennifer
Pena and Sandi Bell.
8. On April 30, 2009, Sandi Bell, deposited the check in
her company’s account, M/E Casting, at Suntrust Bank without
Fena’s endorsement or approval.
9. Respondent did net forward the check or any portion of
the funds to Pena.
10. As of today’s date, Respondent has not paid Pena for
her performance on PBS.
1i. Section 468.402(1) (b), Florida Statutes, states that
“the department may take any one or more of the actions
specified in subsection (5) against any person who has violated
any provision of this part, chapter 455, any lawful disciplinary
order of the department, or any rule of the department.”
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12. Rule 61-19,.010(5), Florida Administrative Code, states
that “monies collected by talent agencies from buyers are to be
paid to the artist within five (5) business days after receipt
of said monies and completion of said employment obligation.
Receipt of said monies is interpreted to mean when said money
can be reduced to cash.”
13. Based on the foregoing, Respondent has violated
Section 468.402{1) (b), Florida Statutes, through 4 violation of
Rule 61-19.010(5), Florida Administrative Code, by failing to
pay Jennifer Pena within five business days after Respondent
received payment from Talent Paymaster for Pena’s performance on
PRS.
WHEREFORE, Petitioner respectfully requests the Department
enter an order imposing one or more of the following penalties:
revocation or suspension of Respondent's license, imposition of
an administrative fine not te exceed five thousand dollars
(85,000.00) 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 Department is
authorized to impose pursuant to Chaptera 455 and/or 468, Part
VII, Florida Statutes, and/or the rules promulgated thereunder.
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DEPR OGA PAGE
Signed this _ 1l2th_ day of November , 2009,
By:
CHARLES W. DRAGO, Secretary
Department of Business and
Frofessional Regulation
LeChea C. Parson
LeChea Parson
Assistant General Counsel
Florida Bar No, 0016869
Department of Business and
Professional Regulation
Office of the General Counsel
1940 N. Monroe Street, Ste. 42
Tallahassee, FL 32399-2202
(850) 488-0062 Telephone
(850) 414-6749 Facsimile
POP Date: 11/6/08
PCP Members: LP
LP/cag
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NOTICE OF RIGHTS
Respondent has the right to request a hearing to he
conducted in accordance with Sections 120.569 and 120.57,
Florida Statutes, to be represented by counsel or other
qualified representative, to present evidence and argument, to
call and cross-examine witnesses and to have subpoenas and
subpoenas duces tecum issued on his or her behalf if a hearing
is requested. Rule 28-2106.111, Florida Administrative Code,
provides in part that if Respondent fails to request a hearing
within twenty-one (21) days of receipt of an agency pleading,
Respondent waives the right te request a hearing om the facts
alleged.
NOTICE REGARDING ASSESSMENT OF COSTS
Respondent is placed on notice that Petitioner has incurred
costs related to the investigation and prosecution of this
matter, Pursuant to Section 455.227(3) (a), Florida Statutes,
the Board, or the Department when there is no Board, may assess
costs related to the investigation and prosecution of the case
excluding costs associated with an attorney's time, against the
Respondent in addition to any other discipline imposed.
Diecument in Tinnamed 5
Docket for Case No: 10-001445