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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs THE SANDI BELL TALENT AGENCY, 10-001445 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-001445 Visitors: 14
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
Mar 1? 2010 15:34 @a/16/2018 89:17 8584146749 DEPR OGA PAGE 43/18 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. Tiocument in Unnamed ] Mar 1? 2010 15:34 @a/16/2018 89:17 8584146749 DEPR OGA PAGE @4/1a 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.” Tingnment in Thanarmed 2 Mar 1? 2010 15:34 @a/16/2018 89:17 8584146749 DEPR OGA PAGE 45/18 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. Document in Tinnamed 3 @a/16/2018 89:17 8584146749 Mar 1? 2010 15:35 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 Trcument in Tinnatied 4 a6/18 Mar 1? 2010 15:35 @a/16/2018 89:17 8584146749 DEPR OGA PAGE @7/1a 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
Source:  Florida - Division of Administrative Hearings

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