HB 1933

2	A bill to be entitled
3	An act relating to talent agencies and advance-fee talent
4	services; amending s. 468.401, F.S.; revising, providing,
5	and deleting definitions applicable to regulation of
6	talent agencies and advance-fee talent services; amending
7	s. 468.402, F.S.; specifying prohibited acts; amending s.
8	468.406, F.S.; requiring the posting of maximum fee,
9	charge, and commission schedules or the inclusion of such
10	schedules in written contracts; extending the period
11	within which a talent agency must pay an artist from money
12	received for the benefit of the artist; amending s.
13	468.408, F.S.; increasing bond requirements; requiring
14	provision of a copy of the bond to an artist prior to
15	execution of a contract with the artist; amending s.
16	468.409, F.S.; revising records required to be kept;
17	increasing the minimum period records are required to be
18	preserved; amending s. 468.410, F.S.; revising prohibition
19	against registration fees; providing contract
20	requirements; requiring background checks and
21	fingerprinting of owners and operators; providing grounds
22	for voiding or cancellation of contract; amending s.
23	468.411, F.S.; requiring prior notification regarding
24	labor disputes; amending s. 468.412, F.S.; providing
25	requirements for talent agencies and advance-fee talent
26	services; amending s. 468.413, F.S.; specifying acts that
27	constitute crimes; providing penalties; amending s.
28	468.415, F.S.; prohibiting sexual misconduct in the
29	operation of a talent agency or an advance-fee talent
30	service; creating s. 468.416, F.S.; providing for judicial
31	enforcement; creating s. 468.417, F.S.; authorizing
32	persons injured by a prohibited act or practice in
33	violation of pt. VII, ch. 468, F.S., to bring a civil
34	action for injunctive and other relief, including civil
35	penalties, restitution and damages, and court costs and
36	attorney's fees; abolishing regulation of talent agencies
37	by the Department of Business and Professional Regulation;
38	providing for the use and transfer of remaining regulatory
39	funds; providing for continuation of legal proceedings;
40	repealing ss. 468.403, 468.404, 468.405, 468.407, and
41	468.414, F.S., relating to license requirements, license
42	fees and renewals, qualifications for licensure, license
43	period, form, content, display, and cancellation, and
44	collection and deposit of moneys from regulatory fines,
45	fees, and penalties, respectively, to conform; providing
46	an effective date.
47
48	Be It Enacted by the Legislature of the State of Florida:
49
50	Section 1.  Section 468.401, Florida Statutes, is amended
51	to read:
52	468.401  Regulation of Talent agencies and advance-fee
53	talent services; definitions.--As used in this part, the term or
54	any rule adopted pursuant hereto:
55	(1)(a)  "Advance fee" means any fee that is due from or
56	paid by an artist prior to the artist's obtaining actual
57	employment as an artist or prior to the artist's receiving
58	actual earnings as an artist or that exceeds the actual earnings
59	received by the artist as an artist.
60	(b)  The term does not include reimbursements for out-of-
61	pocket costs actually incurred by an advance-fee talent service
62	on behalf of the artist for services rendered or goods provided
63	to the artist by an independent third party if all of the
64	following conditions are met:
65	1.  The advance-fee talent service has no direct or
66	indirect financial interest in the third party.
67	2.  The advance-fee talent service does not accept any
68	referral fee or other consideration for referring the artist.
69	3.  The services rendered or goods provided for the out-of-
70	pocket costs are not represented to be, and are not, a condition
71	for the advance-fee talent service to register or list the
72	artist with the advance-fee talent service.
73	4.  The advance-fee talent service maintains adequate
74	records to establish that the amount to be reimbursed was
75	actually advanced or owed to a third party and that the third
76	party is not a person in which the advance-fee talent service
77	has a direct or indirect financial interest or from which the
78	advance-fee talent service receives any consideration for
79	referring the artist.
80	(c)  The burden of producing evidence to support a defense
81	based upon an exemption or an exception provided in this
82	subsection is upon the person claiming it.
83	(2)  "Advance-fee talent service" means a person who
84	charges, attempts to charge, or receives an advance fee from an
85	artist for one or more of the following:
86	(a)  Procuring, offering, promising, or attempting to
87	procure employment or engagements for the artist.
88	(b)  Managing or directing the development or advancement
89	of the artist's career as an artist.
90	(c)  Career counseling, career consulting, vocational
91	guidance, aptitude testing, evaluation, or planning, in each
92	case relating to the preparation of the artist for employment as
93	an artist.
94	(d)  Promoting or advertising an artist to a casting
95	director, talent agency, talent manager, or any other person
96	represented to be in a position to offer assistance in the
97	procurement of engagements or employment as an artist.
98
99	The term does not include the person or entity holding,
100	sponsoring, advertising, or organizing an event during which the
101	services included in paragraphs (a)-(d) are independently
102	offered by any attendee to any other attendee of the event.
103	(3)  "Agency" means a talent agency or an advance-fee
104	talent service. The term includes owners, operators, employees,
105	and agents of the agency or service, unless specifically
106	designated otherwise.
107	(4)(8)  "Artist" means a person performing on the
108	professional stage or in the production of television, radio, or
109	motion pictures; a musician or group of musicians; or a model.
110	(5)(7)  "Buyer" or "employer" means a person, company,
111	partnership, or corporation, or other business entity that uses
112	the services of an a talent agency to provide artists.
113	(6)(3)  "Compensation" means any one or more of the
114	following:
115	(a)  Any money or other valuable consideration paid or
116	promised to be paid for services rendered by any person
117	conducting the business of a talent agency or an advance-fee
118	talent service under this part;
119	(b)  Any money received by any person in excess of that
120	which has been paid out by such person for transportation,
121	transfer of baggage, or board and lodging for any applicant for
122	employment; or
123	(c)  The difference between the amount of money received by
124	any person who furnishes employees, performers, or entertainers
125	for circus, vaudeville, theatrical, or other entertainments,
126	exhibitions, engagements, or performances and the amount paid by
127	him or her to such employee, performer, or entertainer.
128	(7)  "Divided fee" means the process by which, without
129	written contractual approval of the artist, any two or more
130	persons receive compensation for placing an artist and the total
131	compensation paid to such agents exceeds the compensation that
132	would have been paid to only one agent acting on behalf of the
133	artist.
134	(8)(4)  "Engagement" means any employment or placement of
135	an artist in which, where the artist performs in his or her
136	artistic capacity. However, The term does "engagement" shall not
137	apply to procuring opera, music, theater, or dance engagements
138	for any organization defined in s. 501(c)(3) of the Internal
139	Revenue Code or any nonprofit Florida arts organization that has
140	received a grant from the Division of Cultural Affairs of the
141	Department of State or has participated in the state touring
142	program of the Division of Cultural Affairs.
143	(9)  "Manager" means one who advises, guides, or directs an
144	artist in career development and is not primarily involved in
145	placing the artist in employment.
146	(10)  "Modeling or photographing a minor in the nude in the
147	absence of written permission from the minor's parents or legal
148	guardians" means the visual display of the buttocks, genitals,
149	or female breast, areolae, or nipples of a person under the age
150	of 18 years without having both the parents, if living, or legal
151	guardians, of the minor fully advised of the intended activity
152	and both parents' or guardians' execution of written consent for
153	such visual display of their child or ward.
154	(11)(6)  "Operator" means the person who is or who will be
155	in actual charge of a talent agency or an advance-fee talent
156	service.
157	(12)(2)  "Owner" means any partner in a partnership, member
158	of a firm, or principal officer or officers of a corporation,
159	whose partnership, firm, or corporation owns a talent agency or
160	an advance-fee talent service, or any individual who is the sole
161	owner of a talent agency or an advance-fee talent service.
162	(13)(9)  "Person" means any individual, company, society,
163	firm, partnership, association, corporation, or manager, or any
164	agent or employee of any of the foregoing.
165	(14)(1)  "Talent agency" means any business entity or
166	person who, for compensation, engages in the occupation or
167	business of procuring or attempting to procure engagements for
168	an artist.
169	(5)  "Department" means the Department of Business and
170	Professional Regulation.
171	(10)  "License" means a license issued by the Department of
172	Business and Professional Regulation to carry on the business of
173	a talent agency under this part.
174	(11)  "Licensee" means a talent agency which holds a valid
175	unrevoked and unforfeited license issued under this part.
176	Section 2.  Section 468.402, Florida Statutes, is amended
177	to read:
178	468.402  Prohibited acts Duties of the department;
179	authority to issue and revoke license; adoption of rules.--It is
180	unlawful for any agency to:
181	(1)  The department may take any one or more of the actions
182	specified in subsection (5) against any person who has:
183	(a)  Obtained or attempted to obtain any license by means
184	of fraud, misrepresentation, or concealment.
185	(1)(b)  Violate Violated any provision of this part,
186	chapter 455, any lawful disciplinary order of the department, or
187	any rule of the department.
188	(c)  Been found guilty of, or entered a plea of nolo
189	contendere to, regardless of adjudication, a crime involving
190	moral turpitude or dishonest dealings under the laws of this
191	state or any other state or government.
192	(2)(d)  Make, print, publish, distribute, or cause,
193	authorize, or knowingly permit Made, printed, published,
194	distributed, or caused, authorized, or knowingly permitted the
195	making, printing, publication, or distribution of any false
196	statement, description, or promise of such a character as to
197	reasonably induce any person to act to his or her damage or
198	injury, if such statement, description, or promises were
199	purported to be performed by the talent agency and if the owner
200	or operator then knew, or by the exercise of reasonable care and
201	inquiry, could have known, of the falsity of the statement,
202	description, or promise.
203	(3)(e)  Knowingly commit committed or be been a party to
204	any material fraud, misrepresentation, concealment, conspiracy,
205	collusion, trick, scheme, or device whereby any other person
206	lawfully relying upon the work, representation, or conduct of
207	the talent agency acts or has acted to his or her injury or
208	damage.
209	(4)(f)  Fail Failed or refuse refused upon demand to
210	disclose any information, as required by this part, within his
211	or her knowledge, or fail failed or refuse refused to produce
212	any document, book, or record in his or her possession for
213	inspection to any state attorney the department or any
214	authorized agent thereof acting within his or her its
215	jurisdiction or by authority of law.
216	(5)(g)  Establish an Established the talent agency within
217	any place where intoxicating liquors are sold, any place where
218	gambling is permitted, or any house of prostitution.
219	(6)(h)  Charge, collect, or receive Charged, collected, or
220	received compensation for any service performed by the talent
221	agency greater than specified in its schedule of maximum fees,
222	charges, and commissions previously filed with the department.
223	(i)  Had a license to operate a talent agency revoked,
224	suspended, or otherwise acted against, including, but not
225	limited to, having been denied a license for good cause by the
226	licensing authority of another state, territory, or country.
227	(j)  Willfully made or filed a report or record that the
228	licensee knew to be false, failed to file a report or record
229	required by state or federal law, impeded or obstructed such
230	filing, or induced another person to impede or obstruct such
231	filing. Such reports or records shall include only those that
232	are signed in the licensee's capacity as a licensed talent
233	agency.
234	(7)(k)  Advertise Advertised goods or services in a manner
235	that is was fraudulent, false, deceptive, or misleading in form
236	or content.
237	(l)  Advertised, operated, or attempted to operate under a
238	name other than the name appearing on the license.
239	(8)(m)  Commit Been found guilty of fraud or deceit in the
240	operation of an a talent agency.
241	(n)  Operated with a revoked, suspended, inactive, or
242	delinquent license.
243	(o)  Permitted, aided, assisted, procured, or advised any
244	unlicensed person to operate a talent agency contrary to this
245	part or to a rule of the department.
246	(p)  Failed to perform any statutory or legal obligation
247	placed on a licensed talent agency.
248	(q)  Practiced or offered to practice beyond the scope
249	permitted by law or has accepted and performed professional
250	responsibilities that the licensee knows or has reason to know
251	that he or she is not competent to perform.
252	(9)(r)  Conspire Conspired with another agency licensee or
253	with any other person to commit an act, or has committed an act,
254	that would tend to coerce, intimidate, or preclude another
255	agency licensee from advertising its his or her services.
256	(10)(s)  Solicit Solicited business, either personally or
257	through an agent or through any other person, through the use of
258	fraud or deception or by other means; through the use of
259	misleading statements; or through the exercise of intimidation
260	or undue influence.
261	(11)(t)  Exercise Exercised undue influence on the artist
262	in such a manner as to exploit the artist for financial gain of
263	the agency licensee or a third party, which includes, but is not
264	limited to, the promoting or selling of services to the artist.
265	(2)  The department may revoke any license that is issued
266	as a result of the mistake or inadvertence of the department.
267	(3)  The department has authority to adopt rules pursuant
268	to ss. 120.536(1) and 120.54 to implement the provisions of this
269	part.
270	(4)  A revoked or suspended license must be returned to the
271	department within 7 days after the time for appeal has elapsed.
272	(5)  Upon a finding of a violation of any one or more of
273	the grounds enumerated in subsection (1) or any other section of
274	this part, the department may take the following actions:
275	(a)  Deny an application for licensure as a talent agency.
276	(b)  Permanently revoke or suspend the license of a talent
277	agency.
278	(c)  Impose an administrative fine, not to exceed $5,000,
279	for each count or separate offense.
280	(d)  Require restitution.
281	(e)  Issue a public reprimand.
282	(f)  Place the licensee on probation, subject to such
283	conditions as the department may specify.
284	(6)  A person shall be subject to the disciplinary actions
285	specified in subsection (5) for violations of subsection (1) by
286	that person's agents or employees in the course of their
287	employment with that person.
288	(7)  The department may deny a license if any owner or
289	operator listed on the application has been associated with a
290	talent agency whose license has been revoked or otherwise
291	disciplined.
292	Section 3.  Section 468.406, Florida Statutes, is amended
293	to read:
294	468.406  Fees to be charged by talent agencies; rates;
295	display.--
296	(1)  Each agency applicant for a license shall post file
297	with the application an itemized schedule of maximum fees,
298	charges, and commissions which it intends to charge and collect
299	for its services. This schedule may thereafter be raised only by
300	filing with the department an amended or supplemental schedule
301	at least 30 days before the change is to become effective. The
302	schedule shall be posted in a conspicuous place in each place of
303	business of the agency and shall be printed in not less than a
304	30-point boldfaced type, except that an agency that uses written
305	contracts containing maximum fee, charge, and commission
306	schedules need not post such schedules.
307	(2)  All money collected by a talent agency from an
308	employer for the benefit of an artist shall be paid to the
309	artist, less the talent agency's commission fee, within 7 5
310	business days after the receipt of such money by the talent
311	agency. No talent agency is required to pay money to an artist
312	until the talent agency receives payment from the employer or
313	buyer.
314	Section 4.  Section 468.408, Florida Statutes, is amended
315	to read:
316	468.408  Bond required.--
317	(1)  Each There shall be filed with the department for each
318	talent agency shall obtain license a bond in the form of a
319	surety by a reputable company engaged in the bonding business
320	and authorized to do business in this state. The bond shall be
321	for the penal sum of $10,000 $5,000, with one or more sureties
322	to be approved by the department, and shall be conditioned on
323	that the agency's conforming applicant conform to and not
324	violating violate any of the duties, terms, conditions,
325	provisions, or requirements of this part.
326	(a)  If any person is aggrieved by the misconduct of any
327	talent agency, the person may maintain an action in his or her
328	own name upon the bond of the agency in any court having
329	jurisdiction of the amount claimed. All such claims shall be
330	assignable, and the assignee shall be entitled to the same
331	remedies, upon the bond of the agency or otherwise, as the
332	person aggrieved would have been entitled to if such claim had
333	not been assigned. Any claim or claims so assigned may be
334	enforced in the name of such assignee.
335	(b)  Prior to execution of a contract with an artist, each
336	agency must provide the artist with a copy of the bond provided
337	in this section. The bonding company shall notify the department
338	of any claim against such bond, and a copy of such notice shall
339	be sent to the talent agency against which the claim is made.
340	(2)  Any remedies provided in this section shall not be
341	exclusive of any other remedy. This relief shall be cumulative
342	to any other remedies the aggrieved person may have.
343	Section 5.  Section 468.409, Florida Statutes, is amended
344	to read:
345	468.409  Records required to be kept.--Each talent agency
346	shall keep on file the application, registration, and fully
347	executed or contract of each artist. In addition, such file must
348	include the name and address of each artist, the amount of the
349	compensation received, all attempts to promote or advertise the
350	artist, and all attempts to procure engagements for the artist.
351	No such agency or employee thereof shall knowingly make any
352	false entry in applicant files or receipt files. Each card or
353	document in such files shall be preserved for a period of 5
354	years 1 year after the date of the last entry thereon.
355	Section 6.  Section 468.410, Florida Statutes, is amended
356	to read:
357	468.410  Prohibition against registration fees; referral;
358	contract requirements.--
359	(1)  A talent agency may not charge a registration fee.
360	(2)  An No talent agency may not shall, as a condition to
361	registering or obtaining employment for any applicant or artist,
362	require the applicant or artist to subscribe to, purchase, or
363	attend any publication, postcard service, advertisement, resume
364	service, photography service, website service, school, acting
365	school, workshop, acting workshop, or video or audiotapes.
366	(3)  A contract is required to be executed between an
367	artist and an agency when the artist and the agency agree to
368	have the agency secure employment for the artist. If the
369	circumstances of the arrangement between the artist and the
370	agency prevent the execution of a contract prior to the first
371	engagement, the artist and the agency must execute the contract
372	within 7 days after the commencement of the first engagement.
373	(4)(3)  At the time of execution of a contract, an A talent
374	agency must shall give each artist applicant a copy of the
375	signed or authenticated a contract which lists the services to
376	be provided and the fees or commissions to be charged. The
377	contract shall state that the talent agency is regulated by the
378	department and shall list the address and telephone number of
379	the department.
380	(5)  At the time of execution an agency must give each
381	artist a copy of this part.
382	(6)  Because agencies occupy positions of trust and
383	responsibility to artists, prior to execution of a contract with
384	an artist each agency must provide the artist a copy of a
385	criminal background check of each owner and operator of the
386	agency. The background check shall include, but not be limited
387	to, fingerprinting for all purposes and checks of a statewide
388	criminal records check through the Department of Law Enforcement
389	and may include local criminal records checks through local law
390	enforcement agencies. The background check must have been
391	completed within the previous 12 months.
392	(7)  An agency contract that does not conform to this part
393	is voidable by the artist. If an artist voids an agency
394	contract, the artist is not required to pay any consideration or
395	return any consideration received from the agency to induce the
396	artist to enter into the contract.
397	(8)  An artist may cancel a contract with an agency by
398	giving notice of the cancellation to the agency in writing
399	within 14 days after the contract is signed.
400	(9)  An artist may not waive the right to cancel a contract
401	with an agency, and any attempt by an agency to have an artist
402	waive his or her right to cancel the contract is a violation of
403	this part.
404	(10)  If an artist cancels a contract with an agency, the
405	artist is not required to pay any consideration or return any
406	consideration received from the agency to induce the artist to
407	enter into the contract.
408	Section 7.  Section 468.411, Florida Statutes, is amended
409	to read:
410	468.411  Labor disputes; notice statements required.--An No
411	talent agency may not shall knowingly send any person who has
412	received a motion picture or videotape engagement or any other
413	engagement to any place where a strike, lockout, or other labor
414	dispute is in active progress, without first notifying that
415	person of such conditions.
416	Section 8.  Section 468.412, Florida Statutes, is amended
417	to read:
418	468.412  Talent Agency requirements regulations.--
419	(1)  An A talent agency shall maintain a record sheet for
420	each booking. This shall be the only required record of
421	placement and shall be kept for a period of 5 years 1 year after
422	the date of the last entry in the buyer's file.
423	(2)  Each talent agency shall keep records in which shall
424	be entered:
425	(a)  The name and address of each artist employing such
426	talent agency.;
427	(b)  The amount of fees or commissions received from each
428	such artist.;
429	(c)  The employment in which each such artist is engaged at
430	the time of employing such talent agency and the amount of
431	compensation of the artist in such employment, if any, and the
432	employments subsequently secured by such artist during the term
433	of the contract between the artist and the talent agency and the
434	amount of compensation received by the artist pursuant thereto;
435	and
436	(d)  Other information which the department may require
437	from time to time.
438	(3)  All books, records, and other papers kept pursuant to
439	this part act by any talent agency shall be open at all
440	reasonable hours to the inspection of any state attorney or any
441	authorized agent thereof the department and its agents. Each
442	talent agency shall furnish to any state attorney or any
443	authorized agent thereof the department, upon request, a true
444	copy of such books, records, and papers, or any portion thereof,
445	and shall make such reports as the department may prescribe from
446	time to time.
447	(4)  Each talent agency shall post in a conspicuous place
448	in the office of such talent agency a printed copy of this part
449	and of the rules adopted under this part. Such copies shall also
450	contain the name and address of the officer charged with
451	enforcing this part. The department shall furnish to talent
452	agencies printed copies of any statute or rule required to be
453	posted under this subsection.
454	(4)(5)  An No talent agency may not knowingly issue a
455	contract for employment containing any term or condition which,
456	if complied with, would be in violation of law, or attempt to
457	fill an order for help to be employed in violation of law.
458	(5)(6)  An No talent agency may not publish or cause to be
459	published any false, fraudulent, or misleading information,
460	representation, notice, or advertisement. All advertisements of
461	a talent agency by means of card, circulars, or signs, and in
462	newspapers and other publications, and all letterheads,
463	receipts, and blanks shall be printed and contain the licensed
464	name, department license number, and address of the talent
465	agency and the words "talent agency." An No talent agency may
466	not give any false information or make any false promises or
467	representations concerning an engagement or employment to any
468	applicant who applies for an engagement or employment.
469	(6)(7)  An No talent agency may not send or cause to be
470	sent any person as an employee to any house of ill fame, to any
471	house or place of amusement for immoral purposes, to any place
472	resorted to for the purposes of prostitution, to any place for
473	the modeling or photographing of a minor in the nude in the
474	absence of written permission from the minor's parents or legal
475	guardians, the character of which places the talent agency could
476	have ascertained upon reasonable inquiry.
477	(7)(8)  An No talent agency may not divide fees with
478	anyone, including, but not limited to, an agent or other
479	employee of an employer, a buyer, a casting director, a
480	producer, a director, or any venue that uses entertainment.
481	(8)(9)  If an a talent agency collects from an artist a fee
482	or expenses for obtaining a specific engagement or employment
483	for the artist, and the artist fails to procure such specific
484	engagement or employment, or the artist fails to be paid for
485	such specific engagement or employment if procured, such talent
486	agency shall, upon demand therefor, repay to the artist the fee
487	and expenses so collected. Unless repayment thereof is made
488	within 48 hours after demand therefor, the talent agency shall
489	pay to the artist an additional sum equal to the amount of the
490	fee.
491	(9)(10)  Each talent agency must maintain a permanent
492	office and must maintain regular operating hours at that office.
493	Section 9.  Section 468.413, Florida Statutes, is amended
494	to read:
495	468.413  Legal requirements; penalties.--
496	(1)  Each of the following acts related to services
497	provided by an agency constitutes a felony of the third degree,
498	punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
499	(a)  Making, printing, publishing, distributing, causing,
500	or authorizing, or knowingly permitting the making, printing,
501	publication, or distribution of, any false statement,
502	description, or promise of such a character as to reasonably
503	induce any person to act to his or her damage or injury, if such
504	statement, description, or promises were purported to be
505	performed by the agency and if the owner or operator then knew,
506	or by the exercise of reasonable care and inquiry, could have
507	known, of the falsity of the statement, description, or promise.
508	(b)  Knowingly committing or being a party to any material
509	fraud, misrepresentation, concealment, conspiracy, collusion,
510	trick, scheme, or device whereby any other person lawfully
511	relying upon the work, representation, or conduct of the agency
512	acts or has acted to his or her injury or damage.
513	(c)  Establishing an agency within any place in which
514	intoxicating liquors are sold, any place in which gambling is
515	permitted, or any house of prostitution.
516	(d)  Sending or causing to be sent any person as an
517	employee to any house of ill fame, to any house or place of
518	amusement for immoral purposes, to any place resorted to for the
519	purposes of prostitution, to any place for the modeling or
520	photographing of a minor in the nude in the absence of written
521	permission from the minor's parents or legal guardians, the
522	character of which places the agency could have ascertained upon
523	reasonable inquiry.
524	(e)  Committing fraud or deceit in the operation of an
525	agency.
526	(f)  Conspiring with another agency or with any other
527	person to commit an act that would tend to coerce, intimidate,
528	or preclude another agency from advertising its services.
529	(g)  Soliciting business, either personally or through an
530	agent or other person, through the use of fraud or deception or
531	by other means, through the use of misleading statements, or
532	through the exercise of intimidation or undue influence.
533	(h)  Exercising undue influence on the artist in such a
534	manner as to exploit the artist for financial gain of the agency
535	or a third party.
536	(i)  Committing sexual misconduct as prohibited in s.
537	468.415.
538	(a)  Owning or operating, or soliciting business as, a
539	talent agency in this state without first procuring a license
540	from the department.
541	(b)  Obtaining or attempting to obtain a license by means
542	of fraud, misrepresentation, or concealment.
543	(2)  Each of the following acts related to services
544	provided by an agency constitutes a misdemeanor of the second
545	degree, punishable as provided in s. 775.082 or s. 775.083:
546	(a)  Relocating a business as a talent agency, or operating
547	under any name other than that designated on the license, unless
548	written notification is given to the department and to the
549	surety or sureties on the original bond, and unless the license
550	is returned to the department for the recording thereon of such
551	changes.
552	(b)  Assigning or attempting to assign a license issued
553	under this part.
554	(c)  Failing to show on a license application whether or
555	not the agency or any owner of the agency is financially
556	interested in any other business of like nature and, if so,
557	failing to specify such interest or interests.
558	(a)(d)  Failing to maintain the records required by s.
559	468.409 or knowingly making false entries in such records.
560	(b)(e)  Requiring as a condition to registering or
561	obtaining employment or placement for any applicant that the
562	applicant subscribe to, purchase, or attend any publication,
563	postcard service, advertisement, resume service, photography
564	service, website service, school, acting school, workshop, or
565	acting workshop.
566	(c)(f)  Failing, at the time of execution, to give each
567	artist applicant a copy of the signed or authenticated a
568	contract which lists the services to be provided and the fees or
569	commissions to be charged, which states that the talent agency
570	is regulated by the department, and which lists the address and
571	telephone number of the department.
572	(d)(g)  Failing to maintain a record sheet as required by
573	s. 468.412(1).
574	(e)(h)  Knowingly sending or causing to be sent any artist
575	to a prospective employer or place of business, the character or
576	operation of which employer or place of business the talent
577	agency knows to be in violation of the laws of the United States
578	or of this state.
579	(f)  Failing to provide a copy of this part as required in
580	s. 468.410(5).
581	(g)  Failing to provide a copy of a criminal background
582	check as required in s. 468.410(6).
583	(h)  Failing to provide a copy of a bond as required in s.
584	468.408.
585	(i)  Failing to maintain a bond as required in s. 468.408.
586	(j)  Violating any provision of this part.
587	(k)  Charging, collecting, or receiving compensation for
588	any service performed by the agency greater than specified in
589	its schedule of maximum fees, charges, and commissions.
590	(l)  Failing to post in a conspicuous place or include in
591	the contract an itemized schedule of maximum fees, charges, and
592	commissions which it intends to charge and collect for its
593	services.
594	(m)  Charging a registration fee, except as permitted for
595	advance-fee talent services.
596	(n)  Dividing fees with anyone, including, but not limited
597	to, an agent or other employee of an employer, a buyer, a
598	casting director, a producer, a director, or any venue that uses
599	entertainment.
600	(o)  Advertising goods or services in a manner that is
601	fraudulent, false, deceptive, or misleading in form or content.
602	(p)  Failing to notify an artist prior to sending an artist
603	to an engagement that there is a strike, lockout, or other labor
604	dispute in active progress.
605	(q)  Failing or refusing upon demand to disclose any
606	information, as required by this part, within his or her
607	knowledge, or failing or refusing to produce any document, book,
608	or record in his or her possession for inspection, to any state
609	attorney or any authorized agent thereof acting within the
610	jurisdiction of the state attorney or by authority of law.
611	(r)  Failing to maintain a permanent office and regular
612	operating hours at that office.
613	(s)  Attempting to have an artist waive his or her right to
614	cancel a contract with the agency.
615	(t)  Failing to provide payment to an artist as provided in
616	s. 468.406(2).
617	(u)  Failing to return fees as provided in s. 468.412(8).
618	(v)  Failing to maintain records as provided in s. 468.409.
619	(3)  The court may, in addition to other punishment
620	provided for in subsection (2), suspend or revoke the license of
621	any licensee under this part who has been found guilty of any
622	misdemeanor listed in subsection (2).
623	(3)(4)  In the event the department or any state attorney
624	shall have probable cause to believe that an a talent agency or
625	other person has violated any provision of subsection (1) or
626	subsection (2), an action may be brought by the department or
627	any state attorney to enjoin such talent agency or any person
628	from continuing such violation, or engaging therein or doing any
629	acts in furtherance thereof, and for such other relief as to the
630	court seems appropriate. In addition to this remedy, the
631	department may assess a penalty against any talent agency or any
632	person in an amount not to exceed $1,000.
633	Section 10.  Section 468.415, Florida Statutes, is amended
634	to read:
635	468.415  Sexual misconduct in the operation of a talent
636	agency or an advance-fee talent service.--The talent agent-
637	artist relationship between a talent agency or an advance-fee
638	talent service and an artist is founded on mutual trust. Sexual
639	misconduct in the operation of a talent agency or an advance-fee
640	talent service means violation of the talent agent-artist
641	relationship through which the talent agency or advance-fee
642	talent service or owner, operator, or employee of the agency or
643	service agent uses the relationship to induce or attempt to
644	induce the artist to engage or attempt to engage in sexual
645	activity. Sexual misconduct is prohibited in the operation of a
646	talent agency or an advance-fee talent service. If any agent,
647	owner, or operator of a licensed talent agency is found to have
648	committed sexual misconduct in the operation of a talent agency,
649	the agency license shall be permanently revoked. Such agent,
650	owner, or operator shall be permanently disqualified from
651	present and future licensure as owner or operator of a Florida
652	talent agency.
653	Section 11.  Section 468.416, Florida Statutes, is created
654	to read:
655	468.416  Judicial enforcement.--In addition to other
656	penalties provided in this part, state attorneys and their
657	assistants are authorized to apply to the court of competent
658	jurisdiction within their respective jurisdictions, upon the
659	sworn affidavit of any person alleging a violation of any of the
660	provisions of this part. Such court shall have jurisdiction,
661	upon hearing and for cause shown, to grant a temporary or
662	permanent injunction restraining any person from violating any
663	provision of this part, whether or not there exists an adequate
664	remedy at law; and such injunction shall issue without bond.
665	Section 12.  Section 468.417, Florida Statutes, is created
666	to read:
667	468.417  Civil actions.--Any person injured by a prohibited
668	act or practice in violation of this part may bring a civil
669	action in circuit court for temporary or permanent injunctive
670	relief and may seek appropriate civil relief, including, but not
671	limited to, a civil penalty not to exceed $5,000 for each
672	violation, restitution and treble damages for injured parties,
673	and court costs and reasonable attorney's fees.
674	Section 13.  The regulation of talent agencies by the
675	Department of Business and Professional Regulation is abolished.
676	Any funds and balances associated with the regulation of talent
677	agencies remaining in the Professional Regulation Trust Fund
678	after the effective date of this act shall be used to pay any
679	remaining expenses associated with this regulation. Any funds or
680	balances remaining in the trust fund after January 1, 2005,
681	shall be transferred to the General Revenue Fund.
682	Section 14.  The Department of Business and Professional
683	Regulation may continue to prosecute any legal proceedings and
684	related administrative cases that are in existence on the
685	effective date of this act.
686	Section 15.  Sections 468.403, 468.404, 468.405, 468.407,
687	and 468.414, Florida Statutes, are repealed.
688	Section 16.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.