Senate Bill sb2408
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
By Senator Webster
9-1268A-04 See HB
1 A bill to be entitled
2 An act relating to talent agencies and
3 advance-fee talent services; amending s.
4 468.401, F.S.; revising, providing, and
5 deleting definitions applicable to regulation
6 of talent agencies and advance-fee talent
7 services; amending s. 468.402, F.S.; specifying
8 prohibited acts; amending s. 468.406, F.S.;
9 requiring the posting of maximum fee, charge,
10 and commission schedules or the inclusion of
11 such schedules in written contracts; extending
12 the period within which a talent agency must
13 pay an artist from money received for the
14 benefit of the artist; amending s. 468.408,
15 F.S.; increasing bond requirements; requiring
16 provision of a copy of the bond to an artist
17 prior to execution of a contract with the
18 artist; amending s. 468.409, F.S.; revising
19 records required to be kept; increasing the
20 minimum period records are required to be
21 preserved; amending s. 468.410, F.S.; revising
22 prohibition against registration fees;
23 providing contract requirements; requiring
24 background checks and fingerprinting of owners
25 and operators; providing grounds for voiding or
26 cancellation of contract; amending s. 468.411,
27 F.S.; requiring prior notification regarding
28 labor disputes; amending s. 468.412, F.S.;
29 providing requirements for talent agencies and
30 advance-fee talent services; amending s.
31 468.413, F.S.; specifying acts that constitute
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 crimes; providing penalties; amending s.
2 468.415, F.S.; prohibiting sexual misconduct in
3 the operation of a talent agency or an
4 advance-fee talent service; creating s.
5 468.416, F.S.; providing for judicial
6 enforcement; creating s. 468.417, F.S.;
7 allowing a person who is injured by a violation
8 of pt. VII of ch. 468, F.S., to bring a civil
9 action for an injunction and to seek
10 appropriate civil relief; providing for court
11 costs and attorney's fees; abolishing
12 regulation of talent agencies by the Department
13 of Business and Professional Regulation;
14 providing for the use and transfer of remaining
15 regulatory funds; providing for continuation of
16 legal proceedings; repealing ss. 468.403,
17 468.404, 468.405, 468.407, and 468.414, F.S.,
18 relating to license requirements, license fees
19 and renewals, qualifications for licensure,
20 license period, form, content, display, and
21 cancellation, and collection and deposit of
22 moneys from regulatory fines, fees, and
23 penalties, respectively, to conform; providing
24 an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 468.401, Florida Statutes, is
29 amended to read:
30
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 468.401 Regulation of Talent agencies and advance-fee
2 talent services; definitions.--As used in this part, the term
3 or any rule adopted pursuant hereto:
4 (1)(a) "Advance fee" means any fee that is due from or
5 paid by an artist prior to the artist's obtaining actual
6 employment as an artist or prior to the artist's receiving
7 actual earnings as an artist or that exceeds the actual
8 earnings received by the artist as an artist.
9 (b) The term does not include reimbursements for
10 out-of-pocket costs actually incurred by an advance-fee talent
11 service on behalf of the artist for services rendered or goods
12 provided to the artist by an independent third party if all of
13 the following conditions are met:
14 1. The advance-fee talent service has no direct or
15 indirect financial interest in the third party.
16 2. The advance-fee talent service does not accept any
17 referral fee or other consideration for referring the artist.
18 3. The services rendered or goods provided for the
19 out-of-pocket costs are not represented to be, and are not, a
20 condition for the advance-fee talent service to register or
21 list the artist with the advance-fee talent service.
22 4. The advance-fee talent service maintains adequate
23 records to establish that the amount to be reimbursed was
24 actually advanced or owed to a third party and that the third
25 party is not a person in which the advance-fee talent service
26 has a direct or indirect financial interest or from which the
27 advance-fee talent service receives any consideration for
28 referring the artist.
29 (c) The burden of producing evidence to support a
30 defense based upon an exemption or an exception provided in
31 this subsection is upon the person claiming it.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 (2) "Advance-fee talent service" means a person who
2 charges, attempts to charge, or receives an advance fee from
3 an artist for one or more of the following:
4 (a) Procuring, offering, promising, or attempting to
5 procure employment or engagements for the artist.
6 (b) Managing or directing the development or
7 advancement of the artist's career as an artist.
8 (c) Career counseling, career consulting, vocational
9 guidance, aptitude testing, evaluation, or planning, in each
10 case relating to the preparation of the artist for employment
11 as an artist.
12 (d) Promoting or advertising an artist to a casting
13 director, talent agency, talent manager, or any other person
14 represented to be in a position to offer assistance in the
15 procurement of engagements or employment as an artist.
16 (3) "Agency" means a talent agency or an advance-fee
17 talent service. The term includes owners, operators,
18 employees, and agents of the agency or service, unless
19 specifically designated otherwise.
20 (4)(8) "Artist" means a person performing on the
21 professional stage or in the production of television, radio,
22 or motion pictures; a musician or group of musicians; or a
23 model.
24 (5)(7) "Buyer" or "employer" means a person, company,
25 partnership, or corporation, or other business entity that
26 uses the services of an a talent agency to provide artists.
27 (6)(3) "Compensation" means any one or more of the
28 following:
29 (a) Any money or other valuable consideration paid or
30 promised to be paid for services rendered by any person
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 conducting the business of a talent agency or an advance-fee
2 talent service under this part;
3 (b) Any money received by any person in excess of that
4 which has been paid out by such person for transportation,
5 transfer of baggage, or board and lodging for any applicant
6 for employment; or
7 (c) The difference between the amount of money
8 received by any person who furnishes employees, performers, or
9 entertainers for circus, vaudeville, theatrical, or other
10 entertainments, exhibitions, engagements, or performances and
11 the amount paid by him or her to such employee, performer, or
12 entertainer.
13 (7) "Divided fee" means the process by which, without
14 written contractual approval of the artist, any two or more
15 persons receive compensation for placing an artist and the
16 total compensation paid to such agents exceeds the
17 compensation that would have been paid to only one agent
18 acting on behalf of the artist.
19 (8)(4) "Engagement" means any employment or placement
20 of an artist in which, where the artist performs in his or her
21 artistic capacity. However, The term does "engagement" shall
22 not apply to procuring opera, music, theater, or dance
23 engagements for any organization defined in s. 501(c)(3) of
24 the Internal Revenue Code or any nonprofit Florida arts
25 organization that has received a grant from the Division of
26 Cultural Affairs of the Department of State or has
27 participated in the state touring program of the Division of
28 Cultural Affairs.
29 (9) "Manager" means one who advises, guides, or
30 directs an artist in career development and is not primarily
31 involved in placing the artist in employment.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 (10) "Modeling or photographing a minor in the nude in
2 the absence of written permission from the minor's parents or
3 legal guardians" means the visual display of the buttocks,
4 genitals, or female breast, areolae, or nipples of a person
5 under the age of 18 years without having both the parents, if
6 living, or legal guardians, of the minor fully advised of the
7 intended activity and both parents' or guardians' execution of
8 written consent for such visual display of their child or
9 ward.
10 (11)(6) "Operator" means the person who is or who will
11 be in actual charge of a talent agency or an advance-fee
12 talent service.
13 (12)(2) "Owner" means any partner in a partnership,
14 member of a firm, or principal officer or officers of a
15 corporation, whose partnership, firm, or corporation owns a
16 talent agency or an advance-fee talent service, or any
17 individual who is the sole owner of a talent agency or an
18 advance-fee talent service.
19 (13)(9) "Person" means any individual, company,
20 society, firm, partnership, association, corporation, or
21 manager, or any agent or employee of any of the foregoing.
22 (14)(1) "Talent agency" means any business entity or
23 person who, for compensation, engages in the occupation or
24 business of procuring or attempting to procure engagements for
25 an artist.
26 (5) "Department" means the Department of Business and
27 Professional Regulation.
28 (10) "License" means a license issued by the
29 Department of Business and Professional Regulation to carry on
30 the business of a talent agency under this part.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 (11) "Licensee" means a talent agency which holds a
2 valid unrevoked and unforfeited license issued under this
3 part.
4 Section 2. Section 468.402, Florida Statutes, is
5 amended to read:
6 468.402 Prohibited acts Duties of the department;
7 authority to issue and revoke license; adoption of rules.--It
8 is unlawful for any agency to:
9 (1) The department may take any one or more of the
10 actions specified in subsection (5) against any person who
11 has:
12 (a) Obtained or attempted to obtain any license by
13 means of fraud, misrepresentation, or concealment.
14 (1)(b) Violate Violated any provision of this part,
15 chapter 455, any lawful disciplinary order of the department,
16 or any rule of the department.
17 (c) Been found guilty of, or entered a plea of nolo
18 contendere to, regardless of adjudication, a crime involving
19 moral turpitude or dishonest dealings under the laws of this
20 state or any other state or government.
21 (2)(d) Make, print, publish, distribute, or cause,
22 authorize, or knowingly permit Made, printed, published,
23 distributed, or caused, authorized, or knowingly permitted the
24 making, printing, publication, or distribution of any false
25 statement, description, or promise of such a character as to
26 reasonably induce any person to act to his or her damage or
27 injury, if such statement, description, or promises were
28 purported to be performed by the talent agency and if the
29 owner or operator then knew, or by the exercise of reasonable
30 care and inquiry, could have known, of the falsity of the
31 statement, description, or promise.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 (3)(e) Knowingly commit committed or be been a party
2 to any material fraud, misrepresentation, concealment,
3 conspiracy, collusion, trick, scheme, or device whereby any
4 other person lawfully relying upon the work, representation,
5 or conduct of the talent agency acts or has acted to his or
6 her injury or damage.
7 (4)(f) Fail Failed or refuse refused upon demand to
8 disclose any information, as required by this part, within his
9 or her knowledge, or fail failed or refuse refused to produce
10 any document, book, or record in his or her possession for
11 inspection to any state attorney the department or any
12 authorized agent thereof acting within his or her its
13 jurisdiction or by authority of law.
14 (5)(g) Establish an Established the talent agency
15 within any place where intoxicating liquors are sold, any
16 place where gambling is permitted, or any house of
17 prostitution.
18 (6)(h) Charge, collect, or receive Charged, collected,
19 or received compensation for any service performed by the
20 talent agency greater than specified in its schedule of
21 maximum fees, charges, and commissions previously filed with
22 the department.
23 (i) Had a license to operate a talent agency revoked,
24 suspended, or otherwise acted against, including, but not
25 limited to, having been denied a license for good cause by the
26 licensing authority of another state, territory, or country.
27 (j) Willfully made or filed a report or record that
28 the licensee knew to be false, failed to file a report or
29 record required by state or federal law, impeded or obstructed
30 such filing, or induced another person to impede or obstruct
31 such filing. Such reports or records shall include only those
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 that are signed in the licensee's capacity as a licensed
2 talent agency.
3 (7)(k) Advertise Advertised goods or services in a
4 manner that is was fraudulent, false, deceptive, or misleading
5 in form or content.
6 (l) Advertised, operated, or attempted to operate
7 under a name other than the name appearing on the license.
8 (8)(m) Commit Been found guilty of fraud or deceit in
9 the operation of an a talent agency.
10 (n) Operated with a revoked, suspended, inactive, or
11 delinquent license.
12 (o) Permitted, aided, assisted, procured, or advised
13 any unlicensed person to operate a talent agency contrary to
14 this part or to a rule of the department.
15 (p) Failed to perform any statutory or legal
16 obligation placed on a licensed talent agency.
17 (q) Practiced or offered to practice beyond the scope
18 permitted by law or has accepted and performed professional
19 responsibilities that the licensee knows or has reason to know
20 that he or she is not competent to perform.
21 (9)(r) Conspire Conspired with another agency licensee
22 or with any other person to commit an act, or has committed an
23 act, that would tend to coerce, intimidate, or preclude
24 another agency licensee from advertising its his or her
25 services.
26 (10)(s) Solicit Solicited business, either personally
27 or through an agent or through any other person, through the
28 use of fraud or deception or by other means; through the use
29 of misleading statements; or through the exercise of
30 intimidation or undue influence.
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 (11)(t) Exercise Exercised undue influence on the
2 artist in such a manner as to exploit the artist for financial
3 gain of the agency licensee or a third party, which includes,
4 but is not limited to, the promoting or selling of services to
5 the artist.
6 (2) The department may revoke any license that is
7 issued as a result of the mistake or inadvertence of the
8 department.
9 (3) The department has authority to adopt rules
10 pursuant to ss. 120.536(1) and 120.54 to implement the
11 provisions of this part.
12 (4) A revoked or suspended license must be returned to
13 the department within 7 days after the time for appeal has
14 elapsed.
15 (5) Upon a finding of a violation of any one or more
16 of the grounds enumerated in subsection (1) or any other
17 section of this part, the department may take the following
18 actions:
19 (a) Deny an application for licensure as a talent
20 agency.
21 (b) Permanently revoke or suspend the license of a
22 talent agency.
23 (c) Impose an administrative fine, not to exceed
24 $5,000, for each count or separate offense.
25 (d) Require restitution.
26 (e) Issue a public reprimand.
27 (f) Place the licensee on probation, subject to such
28 conditions as the department may specify.
29 (6) A person shall be subject to the disciplinary
30 actions specified in subsection (5) for violations of
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 subsection (1) by that person's agents or employees in the
2 course of their employment with that person.
3 (7) The department may deny a license if any owner or
4 operator listed on the application has been associated with a
5 talent agency whose license has been revoked or otherwise
6 disciplined.
7 Section 3. Section 468.406, Florida Statutes, is
8 amended to read:
9 468.406 Fees to be charged by talent agencies; rates;
10 display.--
11 (1) Each agency applicant for a license shall post
12 file with the application an itemized schedule of maximum
13 fees, charges, and commissions which it intends to charge and
14 collect for its services. This schedule may thereafter be
15 raised only by filing with the department an amended or
16 supplemental schedule at least 30 days before the change is to
17 become effective. The schedule shall be posted in a
18 conspicuous place in each place of business of the agency and
19 shall be printed in not less than a 30-point boldfaced type,
20 except that an agency that uses written contracts containing
21 maximum fee, charge, and commission schedules need not post
22 such schedules.
23 (2) All money collected by a talent agency from an
24 employer for the benefit of an artist shall be paid to the
25 artist, less the talent agency's commission fee, within 7 5
26 business days after the receipt of such money by the talent
27 agency. No talent agency is required to pay money to an artist
28 until the talent agency receives payment from the employer or
29 buyer.
30 Section 4. Section 468.408, Florida Statutes, is
31 amended to read:
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 468.408 Bond required.--
2 (1) Each There shall be filed with the department for
3 each talent agency shall obtain license a bond in the form of
4 a surety by a reputable company engaged in the bonding
5 business and authorized to do business in this state. The bond
6 shall be for the penal sum of $10,000 $5,000, with one or more
7 sureties to be approved by the department, and shall be
8 conditioned on that the agency's conforming applicant conform
9 to and not violating violate any of the duties, terms,
10 conditions, provisions, or requirements of this part.
11 (a) If any person is aggrieved by the misconduct of
12 any talent agency, the person may maintain an action in his or
13 her own name upon the bond of the agency in any court having
14 jurisdiction of the amount claimed. All such claims shall be
15 assignable, and the assignee shall be entitled to the same
16 remedies, upon the bond of the agency or otherwise, as the
17 person aggrieved would have been entitled to if such claim had
18 not been assigned. Any claim or claims so assigned may be
19 enforced in the name of such assignee.
20 (b) Prior to execution of a contract with an artist,
21 each agency must provide the artist with a copy of the bond
22 provided in this section. The bonding company shall notify the
23 department of any claim against such bond, and a copy of such
24 notice shall be sent to the talent agency against which the
25 claim is made.
26 (2) Any remedies provided in this section shall not be
27 exclusive of any other remedy. This relief shall be cumulative
28 to any other remedies the aggrieved person may have.
29 Section 5. Section 468.409, Florida Statutes, is
30 amended to read:
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 468.409 Records required to be kept.--Each talent
2 agency shall keep on file the application, registration, and
3 fully executed or contract of each artist. In addition, such
4 file must include the name and address of each artist, the
5 amount of the compensation received, all attempts to promote
6 or advertise the artist, and all attempts to procure
7 engagements for the artist. No such agency or employee thereof
8 shall knowingly make any false entry in applicant files or
9 receipt files. Each card or document in such files shall be
10 preserved for a period of 5 years 1 year after the date of the
11 last entry thereon.
12 Section 6. Section 468.410, Florida Statutes, is
13 amended to read:
14 468.410 Prohibition against registration fees;
15 referral; contract requirements.--
16 (1) A talent agency may not charge a registration fee.
17 (2) An No talent agency may not shall, as a condition
18 to registering or obtaining employment for any applicant or
19 artist, require the applicant or artist to subscribe to,
20 purchase, or attend any publication, postcard service,
21 advertisement, resume service, photography service, website
22 service, school, acting school, workshop, acting workshop, or
23 video or audiotapes.
24 (3) A contract is required to be executed between an
25 artist and an agency when the artist and the agency agree to
26 have the agency secure employment for the artist. If the
27 circumstances of the arrangement between the artist and the
28 agency prevent the execution of a contract prior to the first
29 engagement, the artist and the agency must execute the
30 contract within 7 days after the commencement of the first
31 engagement.
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 (4)(3) At the time of execution of a contract, an A
2 talent agency must shall give each artist applicant a copy of
3 the signed or authenticated a contract which lists the
4 services to be provided and the fees or commissions to be
5 charged. The contract shall state that the talent agency is
6 regulated by the department and shall list the address and
7 telephone number of the department.
8 (5) At the time of execution an agency must give each
9 artist a copy of this part.
10 (6) Because agencies occupy positions of trust and
11 responsibility to artists, prior to execution of a contract
12 with an artist each agency must provide the artist a copy of a
13 criminal background check of each owner and operator of the
14 agency. The background check shall include, but not be limited
15 to, fingerprinting for all purposes and checks of a statewide
16 criminal records check through the Department of Law
17 Enforcement and may include local criminal records checks
18 through local law enforcement agencies. The background check
19 must have been completed within the previous 12 months.
20 (7) An agency contract that does not conform to this
21 part is voidable by the artist. If an artist voids an agency
22 contract, the artist is not required to pay any consideration
23 or return any consideration received from the agency to induce
24 the artist to enter into the contract.
25 (8) An artist may cancel a contract with an agency by
26 giving notice of the cancellation to the agency in writing
27 within 14 days after the contract is signed.
28 (9) An artist may not waive the right to cancel a
29 contract with an agency, and any attempt by an agency to have
30 an artist waive his or her right to cancel the contract is a
31 violation of this part.
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 (10) If an artist cancels a contract with an agency,
2 the artist is not required to pay any consideration or return
3 any consideration received from the agency to induce the
4 artist to enter into the contract.
5 Section 7. Section 468.411, Florida Statutes, is
6 amended to read:
7 468.411 Labor disputes; notice statements
8 required.--An No talent agency may not shall knowingly send
9 any person who has received a motion picture or videotape
10 engagement or any other engagement to any place where a
11 strike, lockout, or other labor dispute is in active progress,
12 without first notifying that person of such conditions.
13 Section 8. Section 468.412, Florida Statutes, is
14 amended to read:
15 468.412 Talent Agency requirements regulations.--
16 (1) An A talent agency shall maintain a record sheet
17 for each booking. This shall be the only required record of
18 placement and shall be kept for a period of 5 years 1 year
19 after the date of the last entry in the buyer's file.
20 (2) Each talent agency shall keep records in which
21 shall be entered:
22 (a) The name and address of each artist employing such
23 talent agency.;
24 (b) The amount of fees or commissions received from
25 each such artist.;
26 (c) The employment in which each such artist is
27 engaged at the time of employing such talent agency and the
28 amount of compensation of the artist in such employment, if
29 any, and the employments subsequently secured by such artist
30 during the term of the contract between the artist and the
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 talent agency and the amount of compensation received by the
2 artist pursuant thereto; and
3 (d) Other information which the department may require
4 from time to time.
5 (3) All books, records, and other papers kept pursuant
6 to this part act by any talent agency shall be open at all
7 reasonable hours to the inspection of any state attorney or
8 any authorized agent thereof the department and its agents.
9 Each talent agency shall furnish to any state attorney or any
10 authorized agent thereof the department, upon request, a true
11 copy of such books, records, and papers, or any portion
12 thereof, and shall make such reports as the department may
13 prescribe from time to time.
14 (4) Each talent agency shall post in a conspicuous
15 place in the office of such talent agency a printed copy of
16 this part and of the rules adopted under this part. Such
17 copies shall also contain the name and address of the officer
18 charged with enforcing this part. The department shall furnish
19 to talent agencies printed copies of any statute or rule
20 required to be posted under this subsection.
21 (4)(5) An No talent agency may not knowingly issue a
22 contract for employment containing any term or condition
23 which, if complied with, would be in violation of law, or
24 attempt to fill an order for help to be employed in violation
25 of law.
26 (5)(6) An No talent agency may not publish or cause to
27 be published any false, fraudulent, or misleading information,
28 representation, notice, or advertisement. All advertisements
29 of a talent agency by means of card, circulars, or signs, and
30 in newspapers and other publications, and all letterheads,
31 receipts, and blanks shall be printed and contain the licensed
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 name, department license number, and address of the talent
2 agency and the words "talent agency." An No talent agency may
3 not give any false information or make any false promises or
4 representations concerning an engagement or employment to any
5 applicant who applies for an engagement or employment.
6 (6)(7) An No talent agency may not send or cause to be
7 sent any person as an employee to any house of ill fame, to
8 any house or place of amusement for immoral purposes, to any
9 place resorted to for the purposes of prostitution, to any
10 place for the modeling or photographing of a minor in the nude
11 in the absence of written permission from the minor's parents
12 or legal guardians, the character of which places the talent
13 agency could have ascertained upon reasonable inquiry.
14 (7)(8) An No talent agency may not divide fees with
15 anyone, including, but not limited to, an agent or other
16 employee of an employer, a buyer, a casting director, a
17 producer, a director, or any venue that uses entertainment.
18 (8)(9) If an a talent agency collects from an artist a
19 fee or expenses for obtaining a specific engagement or
20 employment for the artist, and the artist fails to procure
21 such specific engagement or employment, or the artist fails to
22 be paid for such specific engagement or employment if
23 procured, such talent agency shall, upon demand therefor,
24 repay to the artist the fee and expenses so collected. Unless
25 repayment thereof is made within 48 hours after demand
26 therefor, the talent agency shall pay to the artist an
27 additional sum equal to the amount of the fee.
28 (9)(10) Each talent agency must maintain a permanent
29 office and must maintain regular operating hours at that
30 office.
31
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 Section 9. Section 468.413, Florida Statutes, is
2 amended to read:
3 468.413 Legal requirements; penalties.--
4 (1) Each of the following acts related to services
5 provided by an agency constitutes a felony of the third
6 degree, punishable as provided in s. 775.082, s. 775.083, or
7 s. 775.084:
8 (a) Making, printing, publishing, distributing,
9 causing, or authorizing, or knowingly permitting the making,
10 printing, publication, or distribution of, any false
11 statement, description, or promise of such a character as to
12 reasonably induce any person to act to his or her damage or
13 injury, if such statement, description, or promises were
14 purported to be performed by the agency and if the owner or
15 operator then knew, or by the exercise of reasonable care and
16 inquiry, could have known, of the falsity of the statement,
17 description, or promise.
18 (b) Knowingly committing or being a party to any
19 material fraud, misrepresentation, concealment, conspiracy,
20 collusion, trick, scheme, or device whereby any other person
21 lawfully relying upon the work, representation, or conduct of
22 the agency acts or has acted to his or her injury or damage.
23 (c) Establishing an agency within any place in which
24 intoxicating liquors are sold, any place in which gambling is
25 permitted, or any house of prostitution.
26 (d) Sending or causing to be sent any person as an
27 employee to any house of ill fame, to any house or place of
28 amusement for immoral purposes, to any place resorted to for
29 the purposes of prostitution, to any place for the modeling or
30 photographing of a minor in the nude in the absence of written
31 permission from the minor's parents or legal guardians, the
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 character of which places the agency could have ascertained
2 upon reasonable inquiry.
3 (e) Committing fraud or deceit in the operation of an
4 agency.
5 (f) Conspiring with another agency or with any other
6 person to commit an act that would tend to coerce, intimidate,
7 or preclude another agency from advertising its services.
8 (g) Soliciting business, either personally or through
9 an agent or other person, through the use of fraud or
10 deception or by other means, through the use of misleading
11 statements, or through the exercise of intimidation or undue
12 influence.
13 (h) Exercising undue influence on the artist in such a
14 manner as to exploit the artist for financial gain of the
15 agency or a third party.
16 (i) Committing sexual misconduct as prohibited in s.
17 468.415.
18 (a) Owning or operating, or soliciting business as, a
19 talent agency in this state without first procuring a license
20 from the department.
21 (b) Obtaining or attempting to obtain a license by
22 means of fraud, misrepresentation, or concealment.
23 (2) Each of the following acts related to services
24 provided by an agency constitutes a misdemeanor of the second
25 degree, punishable as provided in s. 775.082 or s. 775.083:
26 (a) Relocating a business as a talent agency, or
27 operating under any name other than that designated on the
28 license, unless written notification is given to the
29 department and to the surety or sureties on the original bond,
30 and unless the license is returned to the department for the
31 recording thereon of such changes.
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 (b) Assigning or attempting to assign a license issued
2 under this part.
3 (c) Failing to show on a license application whether
4 or not the agency or any owner of the agency is financially
5 interested in any other business of like nature and, if so,
6 failing to specify such interest or interests.
7 (a)(d) Failing to maintain the records required by s.
8 468.409 or knowingly making false entries in such records.
9 (b)(e) Requiring as a condition to registering or
10 obtaining employment or placement for any applicant that the
11 applicant subscribe to, purchase, or attend any publication,
12 postcard service, advertisement, resume service, photography
13 service, website service, school, acting school, workshop, or
14 acting workshop.
15 (c)(f) Failing, at the time of execution, to give each
16 artist applicant a copy of the signed or authenticated a
17 contract which lists the services to be provided and the fees
18 or commissions to be charged, which states that the talent
19 agency is regulated by the department, and which lists the
20 address and telephone number of the department.
21 (d)(g) Failing to maintain a record sheet as required
22 by s. 468.412(1).
23 (e)(h) Knowingly sending or causing to be sent any
24 artist to a prospective employer or place of business, the
25 character or operation of which employer or place of business
26 the talent agency knows to be in violation of the laws of the
27 United States or of this state.
28 (f) Failing to provide a copy of this part as required
29 in s. 468.410(5).
30 (g) Failing to provide a copy of a criminal background
31 check as required in s. 468.410(6).
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 (h) Failing to provide a copy of a bond as required in
2 s. 468.408.
3 (i) Failing to maintain a bond as required in s.
4 468.408.
5 (j) Violating any provision of this part.
6 (k) Charging, collecting, or receiving compensation
7 for any service performed by the agency greater than specified
8 in its schedule of maximum fees, charges, and commissions.
9 (l) Failing to post in a conspicuous place or include
10 in the contract an itemized schedule of maximum fees, charges,
11 and commissions which it intends to charge and collect for its
12 services.
13 (m) Charging a registration fee, except as permitted
14 for advance-fee talent services.
15 (n) Dividing fees with anyone, including, but not
16 limited to, an agent or other employee of an employer, a
17 buyer, a casting director, a producer, a director, or any
18 venue that uses entertainment.
19 (o) Advertising goods or services in a manner that is
20 fraudulent, false, deceptive, or misleading in form or
21 content.
22 (p) Failing to notify an artist prior to sending an
23 artist to an engagement that there is a strike, lockout, or
24 other labor dispute in active progress.
25 (q) Failing or refusing upon demand to disclose any
26 information, as required by this part, within his or her
27 knowledge, or failing or refusing to produce any document,
28 book, or record in his or her possession for inspection, to
29 any state attorney or any authorized agent thereof acting
30 within the jurisdiction of the state attorney or by authority
31 of law.
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 (r) Failing to maintain a permanent office and regular
2 operating hours at that office.
3 (s) Attempting to have an artist waive his or her
4 right to cancel a contract with the agency.
5 (t) Failing to provide payment to an artist as
6 provided in s. 468.406(2).
7 (u) Failing to return fees as provided in s.
8 468.412(8).
9 (v) Failing to maintain records as provided in s.
10 468.409.
11 (3) The court may, in addition to other punishment
12 provided for in subsection (2), suspend or revoke the license
13 of any licensee under this part who has been found guilty of
14 any misdemeanor listed in subsection (2).
15 (3)(4) In the event the department or any state
16 attorney shall have probable cause to believe that an a talent
17 agency or other person has violated any provision of
18 subsection (1) or subsection (2), an action may be brought by
19 the department or any state attorney to enjoin such talent
20 agency or any person from continuing such violation, or
21 engaging therein or doing any acts in furtherance thereof, and
22 for such other relief as to the court seems appropriate. In
23 addition to this remedy, the department may assess a penalty
24 against any talent agency or any person in an amount not to
25 exceed $1,000.
26 Section 10. Section 468.415, Florida Statutes, is
27 amended to read:
28 468.415 Sexual misconduct in the operation of a talent
29 agency or an advance-fee talent service.--The talent
30 agent-artist relationship between a talent agency or an
31 advance-fee talent service and an artist is founded on mutual
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 trust. Sexual misconduct in the operation of a talent agency
2 or an advance-fee talent service means violation of the talent
3 agent-artist relationship through which the talent agency or
4 advance-fee talent service or owner, operator, or employee of
5 the agency or service agent uses the relationship to induce or
6 attempt to induce the artist to engage or attempt to engage in
7 sexual activity. Sexual misconduct is prohibited in the
8 operation of a talent agency or an advance-fee talent service.
9 If any agent, owner, or operator of a licensed talent agency
10 is found to have committed sexual misconduct in the operation
11 of a talent agency, the agency license shall be permanently
12 revoked. Such agent, owner, or operator shall be permanently
13 disqualified from present and future licensure as owner or
14 operator of a Florida talent agency.
15 Section 11. Section 468.416, Florida Statutes, is
16 created to read:
17 468.416 Judicial enforcement.--In addition to other
18 penalties provided in this part, state attorneys and their
19 assistants are authorized to apply to the court of competent
20 jurisdiction within their respective jurisdictions, upon the
21 sworn affidavit of any person alleging a violation of any of
22 the provisions of this part. Such court shall have
23 jurisdiction, upon hearing and for cause shown, to grant a
24 temporary or permanent injunction restraining any person from
25 violating any provision of this part, whether or not there
26 exists an adequate remedy at law; and such injunction shall
27 issue without bond.
28 Section 12. Section 468.417, Florida Statutes, is
29 created to read:
30 468.417 Civil actions.--Any person injured by a
31 prohibited act or practice in violation of this part may bring
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2408
9-1268A-04 See HB
1 a civil action in circuit court for temporary or permanent
2 injunctive relief and may seek appropriate civil relief,
3 including, but not limited to, a civil penalty not to exceed
4 $5,000 for each violation, restitution and treble damages for
5 injured parties, and court costs and reasonable attorney's
6 fees.
7 Section 13. The regulation of talent agencies by the
8 Department of Business and Professional Regulation is
9 abolished. Any funds and balances associated with the
10 regulation of talent agencies remaining in the Professional
11 Regulation Trust Fund after the effective date of this act
12 shall be used to pay any remaining expenses associated with
13 this regulation. Any funds or balances remaining in the trust
14 fund after January 1, 2005, shall be transferred to the
15 General Revenue Fund.
16 Section 14. The Department of Business and
17 Professional Regulation may continue to prosecute any legal
18 proceedings and related administrative cases that are in
19 existence on the effective date of this act.
20 Section 15. Sections 468.403, 468.404, 468.405,
21 468.407, and 468.414, Florida Statutes, are repealed.
22 Section 16. This act shall take effect July 1, 2004.
23
24
25
26
27
28
29
30
31
24
CODING: Words stricken are deletions; words underlined are additions.