The Florida Senate

468.402  Duties of the department; authority to issue and revoke license; adoption of rules.--

(1)  The department may take any one or more of the actions specified in subsection (5) against any person who has:

(a)  Obtained or attempted to obtain any license by means of fraud, misrepresentation, or concealment.

(b)  Violated any provision of this part, chapter 455, any lawful disciplinary order of the department, or any rule of the department.

(c)  Been found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime involving moral turpitude or dishonest dealings under the laws of this state or any other state or government.

(d)  Made, printed, published, distributed, or caused, authorized, or knowingly permitted the making, printing, publication, or distribution of any false statement, description, or promise of such a character as to reasonably induce any person to act to his or her damage or injury, if such statement, description, or promises were purported to be performed by the talent agency and if the owner or operator then knew, or by the exercise of reasonable care and inquiry, could have known, of the falsity of the statement, description, or promise.

(e)  Knowingly committed or been a party to any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, 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.

(f)  Failed or refused upon demand to disclose any information, as required by this part, within his or her knowledge, or failed or refused to produce any document, book, or record in his or her possession for inspection to the department or any authorized agent thereof acting within its jurisdiction or by authority of law.

(g)  Established the talent agency within any place where intoxicating liquors are sold, any place where gambling is permitted, or any house of prostitution.

(h)  Charged, collected, or received compensation for any service performed by the talent agency greater than specified in its schedule of maximum fees, charges, and commissions previously filed with the department.

(i)  Had a license to operate a talent agency revoked, suspended, or otherwise acted against, including, but not limited to, having been denied a license for good cause by the licensing authority of another state, territory, or country.

(j)  Willfully made or filed a report or record that the licensee knew to be false, failed to file a report or record required by state or federal law, impeded or obstructed such filing, or induced another person to impede or obstruct such filing. Such reports or records shall include only those that are signed in the licensee's capacity as a licensed talent agency.

(k)  Advertised goods or services in a manner that was fraudulent, false, deceptive, or misleading in form or content.

(l)  Advertised, operated, or attempted to operate under a name other than the name appearing on the license.

(m)  Been found guilty of fraud or deceit in the operation of a talent agency.

(n)  Operated with a revoked, suspended, inactive, or delinquent license.

(o)  Permitted, aided, assisted, procured, or advised any unlicensed person to operate a talent agency contrary to this part or to a rule of the department.

(p)  Failed to perform any statutory or legal obligation placed on a licensed talent agency.

(q)  Practiced or offered to practice beyond the scope permitted by law or has accepted and performed professional responsibilities that the licensee knows or has reason to know that he or she is not competent to perform.

(r)  Conspired with another licensee or with any other person to commit an act, or has committed an act, that would tend to coerce, intimidate, or preclude another licensee from advertising his or her services.

(s)  Solicited business, either personally or through an agent or through any other person, through the use of fraud or deception or by other means; through the use of misleading statements; or through the exercise of intimidation or undue influence.

(t)  Exercised undue influence on the artist in such a manner as to exploit the artist for financial gain of the licensee or a third party, which includes, but is not limited to, the promoting or selling of services to the artist.

(2)  The department may revoke any license that is issued as a result of the mistake or inadvertence of the department.

(3)  The department may adopt reasonable rules for its own government in the exercise of its powers under this part and for the conduct of the business of talent agencies as specified by this part, and the department may amend such rules at its pleasure.

(4)  A revoked or suspended license must be returned to the department within 7 days after the time for appeal has elapsed.

(5)  Upon a finding of a violation of any one or more of the grounds enumerated in subsection (1) or any other section of this part, the department may take the following actions:

(a)  Deny an application for licensure as a talent agency.

(b)  Permanently revoke or suspend the license of a talent agency.

(c)  Impose an administrative fine, not to exceed $5,000, for each count or separate offense.

(d)  Require restitution.

(e)  Issue a public reprimand.

(f)  Place the licensee on probation, subject to such conditions as the department may specify.

(6)  A person shall be subject to the disciplinary actions specified in subsection (5) for violations of subsection (1) by that person's agents or employees in the course of their employment with that person.

(7)  The department may deny a license if any owner or operator listed on the application has been associated with a talent agency whose license has been revoked or otherwise disciplined.

History.--ss. 2, 15, ch. 86-292; s. 63, ch. 91-137; s. 13, ch. 91-156; s. 23, ch. 91-220; s. 4, ch. 91-429; s. 21, ch. 94-119; s. 306, ch. 97-103.