Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 750
                        Barcode 074438
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Regulated Industries (Wise) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Part VII of chapter 468, Florida Statutes,
19  consisting of sections 468.401, 468.402, 468.403, 468.404,
20  468.405, 468.406, 468.407, 468.408, 468.409, 468.410, 468.411,
21  468.412, 468.413, 468.414, and 468.415, is repealed.
22         Section 2.  Definitions.--As used in sections 2 through
23  7 of this act, the term:
24         (1)  "Advance-fee talent service" means a service
25  practiced by a person or business entity, or the person's or
26  business entity's employees or authorized agents, which
27  charges, attempts to charge, or receives an advance fee from
28  an artist for the purpose of promoting, but not procuring, the
29  employment or engagement of the artist. Promoting the
30  employment or engagement of an artist includes, but is not
31  limited to, the following activities:
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 (a) Promoting or advertising an artist to a casting 2 director, talent agency, talent manager, or any other person 3 represented to be in a position to offer assistance in 4 procuring engagements or employment for the artist. 5 (b) Promoting or advertising an artist by using the 6 Internet, trade publications, or other media. 7 (c) Registering or listing an artist for employment in 8 the entertainment industry or as a customer of the advance-fee 9 talent service. 10 (d) Managing, directing, developing, or advancing the 11 artist's career. 12 (e) Preparing the artist for employment through career 13 counseling or consulting, vocational guidance, aptitude 14 testing, or evaluation. 15 (2) "Advance fee" means a fee that is due from or paid 16 by an artist before the artist obtains employment as an artist 17 or before the artist receives earnings as an artist. An 18 advance fee also includes money paid by the artist which 19 exceeds the earnings received by the artist. 20 (a) An advance fee does not include reimbursement for 21 out-of-pocket costs actually incurred by an advance-fee talent 22 service on behalf of the artist when paying for services 23 rendered or goods provided to the artist by an independent 24 third party if all of the following conditions are met: 25 1. The advance-fee talent service does not have a 26 direct or an indirect financial interest in the third party. 27 2. The advance-fee talent service does not accept a 28 referral fee or other consideration from the third party. 29 3. The services rendered or goods provided for the 30 out-of-pocket costs are not represented to be, and are not, a 31 condition for the advance-fee talent service to register or 2 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 list the artist with the advance-fee talent service. 2 4. The advance-fee talent service maintains adequate 3 records documenting that any amount to be reimbursed to the 4 advance-fee talent service was actually advanced or owed to a 5 third party, that the third party is not a person in which the 6 advance-fee talent service has a direct or indirect financial 7 interest, and that the advance-fee talent service did not 8 receive any consideration for referring the artist. 9 (b) The burden of producing evidence to support a 10 defense based upon an exemption or an exception provided in 11 paragraph (a) is on the advance-fee talent service claiming 12 the exemption or exception. 13 (3) "Artist" means a person who seeks to become or is 14 an actor, actress, director, writer, cinematographer, 15 composer, lyricist, arranger, model, extra, or other person 16 rendering professional services on the legitimate stage or in 17 the production of motion pictures, radio productions, 18 musicals, television productions, print advertisements, or 19 other entertainment enterprises. 20 (4) "Buyer" or "employer" means a person, company, 21 partnership, corporation, or other business entity that uses 22 the services of a talent agency or advance-fee talent service. 23 (5) "Compensation" means any one or more of the 24 following: 25 (a) Money or other valuable consideration paid or 26 promised to be paid for services rendered by an individual 27 conducting the business of a talent agency or an advance-fee 28 talent service; 29 (b) Money received by a person in excess of that which 30 has been paid by the person for transportation, transfer of 31 baggage, or board and lodging for an applicant for employment; 3 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 or 2 (c) The difference between the amount of money 3 received by a person who furnishes employees, performers, or 4 entertainers for circus, vaudeville, theatrical, or other 5 entertainments, exhibitions, engagements, or performances and 6 the amount paid by the person to an employee, performer, or 7 entertainer. 8 (6) "Divided fee" means the process by which, without 9 written contractual approval of the artist, any two or more 10 persons receive compensation for performing services for an 11 artist and the total compensation paid to these persons 12 exceeds the compensation that would have been paid to only one 13 person acting on behalf of the artist. 14 (7) "Engagement" means any employment or placement of 15 an artist during which the artist performs in his or her 16 artistic capacity. The term does not apply to procuring opera, 17 music, theater, or dance engagements for any nonprofit 18 organization defined in s. 501(c)(3) of the Internal Revenue 19 Code or any nonprofit arts organization in this state which 20 has received a grant from the Division of Cultural Affairs of 21 the Department of State or has participated in the state 22 touring program of the Division of Cultural Affairs. 23 (8) "Operator" means the person who is or who will be 24 in actual charge of a talent agency or an advance-fee talent 25 service. 26 (9) "Owner" means a partner in a partnership, member 27 of a firm, or one or more principal officers of a corporation 28 whose partnership, firm, or corporation owns a talent agency 29 or an advance-fee talent service, or an individual who is the 30 sole owner of a talent agency or an advance-fee talent 31 service. 4 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 (10) "Talent agency" or "agency" means a business 2 entity or person who, for compensation, engages in the 3 occupation or business of procuring or attempting to procure 4 engagements for an artist and includes the agency's employees 5 and authorized agents. 6 Section 3. Bond required.-- 7 (1) Each talent agency or advance-fee talent service 8 shall obtain a bond in the form of a surety by a reputable 9 company engaged in the bonding business which is authorized to 10 do business in this state. The bond must be for the penal sum 11 of not less than $10,000 and be conditioned on the talent 12 agency or advance-fee talent service conforming to and not 13 violating any duty, term, condition, provision, or requirement 14 of this act. 15 (2) A talent agency or advance-fee talent service must 16 provide the artist with a copy of the bond. 17 (3) If a person fails to obtain or maintain a bond 18 according to this section, the person commits a misdemeanor of 19 the second degree, punishable as provided in section 775.082 20 or section 775.083, Florida Statutes. 21 Section 4. Office and records.-- 22 (1) A talent agency or advance-fee talent service must 23 maintain a permanent office and must maintain regular 24 operating hours at that office. The office shall not be 25 located on or within any property where intoxicating liquor is 26 sold, where gambling is permitted, or where acts of 27 prostitution are committed. 28 (2) A talent agency or advance-fee talent service must 29 keep on file the application, registration, and fully executed 30 contract of each artist that the talent agency or advance-fee 31 talent service represents. The artist file of a talent agency 5 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 must also include the total amount of compensation received by 2 the artist, the amount of compensation received by the artist 3 for each performance, and documentation of all attempts made 4 by the talent agency to procure engagements for the artist. 5 The artist file of an advance-fee talent service must also 6 include documentation of all attempts to promote or advertise 7 the artist. 8 (3) A talent agency or advance-fee talent service 9 shall not knowingly make a false entry in an applicant's file 10 or receipt file. 11 (4) Each document in the file must be preserved for a 12 period of not less than 5 years after the date of the last 13 entry entered into the file. 14 (5)(a) All books, records, and other papers kept under 15 this act by a talent agency or advance-fee talent service must 16 be open to the inspection of a state attorney, or the state 17 attorney's authorized agent, at any reasonable hour. The 18 talent agency or advance-fee talent service must give the 19 state attorney a true copy of the books, records, and papers, 20 or any portion thereof, when so requested. 21 (b) A person may not refuse to disclose any 22 information within his or her knowledge as required by this 23 subsection, or fail or refuse to produce any document, book, 24 or record for inspection which is in his or her possession, to 25 a state attorney or the state attorney's authorized agent. 26 (c) If a person fails or refuses to disclose 27 information to a state attorney as required by this 28 subsection, the person commits a misdemeanor of the second 29 degree, punishable as provided in section 775.082 or section 30 775.083, Florida Statutes. 31 (6) A talent agency must maintain records that contain 6 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 all of the following information or documents: 2 (a) The name and current address of each artist 3 employing the talent agency. 4 (b) The amount of commissions the talent agency has 5 received from each artist. 6 (c) A record sheet for each engagement obtained by the 7 talent agency. The record sheet is the only record required to 8 show engagements. The record sheet must be kept in the 9 artist's file for a period of not less than 5 years after the 10 date of the last record sheet that was posted in the artist's 11 file. 12 (d) The engagement the artist was performing in at the 13 time the artist was retained by the talent agency. The 14 documents must include the amount of compensation received by 15 the artist from this engagement. 16 (e) The engagements the talent agency procured for the 17 artist after the artist and talent agency entered into a 18 contract. The documents must include the amount of 19 compensation received by the artist from the engagements 20 obtained for the artist during the life of the contract. 21 (7) An advance-fee talent service must maintain 22 records that contain all of the following information or 23 documents: 24 (a) The name and current address of each artist 25 employing the advance-fee talent service. 26 (b) The amount of the advance fees paid by or for the 27 artist during the term of the contract with the advance-fee 28 talent service. 29 (c) A record of all efforts made in promoting the 30 artist. A record of each effort to promote the artist must be 31 maintained in the artist's file for a period of not less than 7 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 5 years after the effort to promote the artist was made. 2 (8)(a) If a person fails to maintain a permanent 3 office and keep regular hours at that office, fails to 4 maintain records and files as required by this section, or 5 knowingly makes false entries in an artist's files, the person 6 commits a misdemeanor of the second degree, punishable as 7 provided in section 775.082 or section 775.083, Florida 8 Statutes. 9 (b) If a person establishes or keeps an office where 10 intoxicating liquor is sold, where gambling is permitted, or 11 where acts of prostitution are committed, the person commits a 12 felony of the second degree, punishable as provided in section 13 775.082, section 775.083, or section 775.084, Florida 14 Statutes. 15 Section 5. Contracts and fees.-- 16 (1)(a) A talent agency or advance-fee talent service 17 shall post an itemized schedule of maximum fees, charges, or 18 commissions that it intends to charge and collect for its 19 services. The schedule must be posted in a conspicuous place 20 in each place of business. The schedule must be printed in not 21 less than 30-point boldfaced type. 22 (b) A talent agency that uses a written contract 23 containing a schedule of its maximum fees, charges, and 24 commissions is not required to post the schedule. 25 (c) If a person fails to post in a conspicuous place a 26 schedule of the itemized fees, charges, and commissions, if 27 required, the person commits a misdemeanor of the second 28 degree, punishable as provided in section 775.082 or section 29 775.083, Florida Statutes. 30 (2) An artist and a talent agency or advance-fee 31 talent service must enter into a written contract when the 8 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 parties agree that a talent agency or advance-fee talent 2 service shall perform services for the artist. If the 3 circumstances of the arrangement between the artist and the 4 talent agency or advance-fee talent service prevent the 5 execution of a contract before the artist performs, the artist 6 and the talent agency or advance-fee talent service must 7 execute the contract no later than 7 days after the first 8 performance. 9 (3) The contract must incorporate the full agreement 10 between the artist and the talent agency or advance-fee talent 11 service, be contained in a single document, and include the 12 elements set forth in this section. 13 (4) Each contract between an artist and an advance-fee 14 talent service must contain all of the following provisions: 15 (a) A description of the specific services to be 16 performed by the advance-fee talent service, the duration of 17 the contract, and the refund provisions if the services are 18 not provided according to the contract. 19 (b) A statement of the fees that the advance-fee 20 talent service will charge to or collect from the artist 21 receiving the services and the date or dates when the artist 22 must pay the fees. 23 (c) The following statement, in type no smaller than 24 10-point boldfaced type and in close proximity to the artist's 25 signature, must be included in each advance-fee talent service 26 contract: 27 RIGHT TO REFUND 28 If you pay in advance all or any portion of a fee 29 charged to you by (name of advance-fee talent service) and you 30 fail to receive the services promised to you or that you were 31 led to believe would be performed, (name of advance-fee talent 9 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 service) shall, upon your request, return the full amount paid 2 by you within 48 hours after your request for a refund. If the 3 refund is not made within 48 hours, (name of advance-fee 4 talent service) shall also pay to you, in addition to the 5 refund due to you, a sum equal to the amount of the refund. 6 YOUR RIGHT TO CANCEL (enter date of transaction) 7 You may cancel this contract for advance-fee talent 8 services without any penalty or obligation if you give notice 9 of the cancellation, in writing, no later than 14 days after 10 the date of the transaction stated above. If you wish to 11 cancel the contract, you must mail or deliver a signed and 12 dated copy of the following cancellation notice, another 13 written document notifying the advance-fee talent service that 14 you intend to cancel the contract, or send a telegram, fax, or 15 e-mail notifying the advance-fee talent service that you 16 intend to cancel the contract, to (name of advance-fee talent 17 service) at (address of its place of business) NOT LATER THAN 18 MIDNIGHT AFTER (enter the date). 19 ONLY A TALENT AGENCY MAY ENGAGE IN THE OCCUPATION OF 20 PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE 21 EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. 22 CANCELLATION NOTICE 23 I hereby cancel this contract. 24 Dated: 25 ________________________________________ 26 Artist Signature. 27 (5) A talent agency or advance-fee talent service must 28 give each artist a copy of the signed or authenticated 29 contract listing the services to be provided and the fees, 30 charges, or commissions to be charged at the time the contract 31 is signed. 10 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 (6) A talent agency or advance-fee talent service must 2 give each artist a copy of this act at the time the contract 3 is signed. 4 (7)(a) Pursuant to chapter 435, Florida Statutes, any 5 person who holds himself or herself out as an employee or 6 agent of a talent agency or advance-fee talent service must 7 meet level 1 screening requirements as described in section 8 435.03, Florida Statutes. 9 (b) Each talent agency and advance-fee talent service 10 must give the artist a copy of the level 1 screening for each 11 owner and operator of the talent agency or advance-fee talent 12 service before executing a contract with an artist. The level 13 1 screening must have been completed within the previous 12 14 months. 15 (8)(a) All money collected by a talent agency from an 16 employer or buyer for the benefit of an artist must be paid to 17 the artist within 7 business days after receiving the money 18 from the employer. The talent agency may reduce the amount 19 paid to the artist by the talent agency's commission. 20 (b) A talent agency is not required to pay money to an 21 artist until the talent agency receives payment from the 22 employer or buyer. 23 (9) A contract entered into by a talent agency or 24 advance-fee talent service which does not conform to this act 25 is voidable by the artist. If an artist voids a contract with 26 a talent agency or advance-fee talent service, the artist is 27 not required to pay or return any consideration received from 28 the talent agency or advance-fee talent service to induce the 29 artist to enter into the contract. 30 (10) An artist may cancel a contract with a talent 31 agency or advance-fee talent service by giving written notice 11 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 of the cancellation to the talent agency or advance-fee talent 2 service no later than 14 days after the date of transaction. 3 If an artist cancels a contract, the artist is not required to 4 pay or return any consideration received from the talent 5 agency or advance-fee talent service to induce the artist to 6 enter into the contract. 7 (11) An artist shall not waive the right to cancel a 8 contract with a talent agency or advance-fee talent service as 9 provided in this act. Any attempt by a talent agency or 10 advance-fee talent service to induce an artist to waive the 11 artist's right to cancel the contract is a violation of this 12 act. 13 (12)(a) If an artist gives consideration to a talent 14 agency to be used for expenses to obtain a specific engagement 15 or employment and the talent agency fails to procure the 16 specific engagement or employment for the artist, the talent 17 agency shall, upon the artist's demand, repay all 18 consideration paid by the artist. 19 (b) The talent agency must refund the consideration to 20 the artist no later than 48 hours after receiving the demand 21 from the artist. If the talent agency does not refund the 22 artist within the prescribed time period, the talent agency 23 must pay the artist a penalty that is equal to the amount of 24 all consideration paid to the talent agency. 25 (13) An advance-fee talent service must refund fees as 26 follows: 27 (a) If the artist does not receive the services 28 promised or the services the artist was led to believe would 29 be performed, the advance-fee talent service must, upon the 30 artist's demand, refund the artist any fees collected by the 31 advance-fee talent service for those services. The advance-fee 12 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 talent service must make the refund to the artist no later 2 than 48 hours after the artist demands the refund. If the 3 advance-fee talent service does not refund the artist within 4 the prescribed time period, the advance-fee talent service 5 must pay the artist a penalty that is equal to the amount of 6 all fees paid to the advance-fee talent service. 7 (b) If an artist cancels the contract, the advance-fee 8 talent service must refund in full all fees paid by the 9 artist. The advance-fee talent service must refund the fees no 10 later than 14 days after the artist cancels the contract. If 11 the advance-fee talent service does not refund the artist 12 within the prescribed time period, the advance-fee talent 13 service must pay the artist a penalty that is equal to the 14 amount of all fees paid to the advance-fee talent service. 15 (14) A talent agency or advance-fee talent service 16 that violates any provision of this section commits a 17 misdemeanor of the second degree, punishable as provided in 18 section 775.082 or section 775.083, Florida Statutes. 19 Section 6. Prohibitions and penalties.-- 20 (1)(a) A person, business entity, talent agency, or 21 advance-fee talent service shall not accept an advance fee for 22 procuring, offering, promising, or attempting to procure 23 employment or engagements for an artist. 24 (b) A person, business entity, talent agency, or 25 advance-fee talent service that violates this subsection 26 commits a felony of the second degree, punishable as provided 27 in section 775.082, section 775.083, or section 775.084, 28 Florida Statutes. 29 (2)(a) An advance-fee talent service shall not make 30 any false statement, representation, promise, or implication 31 by its choice of name that it is a talent agency. An 13 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 advance-fee talent service shall not state, promise, or 2 represent that it will procure, or attempt to procure, 3 employment or engagements for the artist. 4 (b) A person or advance-fee talent service that 5 violates this subsection commits a felony of the second 6 degree, punishable as provided in section 775.082, section 7 775.083, or section 775.084, Florida Statutes. 8 (3)(a) A person, talent agency, or advance-fee talent 9 service, or an owner, operator, employee, or agent of a talent 10 agency or advance-fee talent service, shall not: 11 1. Give an artist false information, make a false 12 promise or misrepresentation concerning any engagement or 13 employment, or make a false or misleading verbal or written 14 promise or guarantee of any engagement as an artist. 15 2. Print, publish, distribute, or cause, authorize, or 16 knowingly permit the making, printing, publication, or 17 distribution of any false statement, description, or promise 18 that would reasonably induce a person to act to his or her 19 damage or injury. 20 3. Knowingly commit, or be a party to, any material 21 fraud, misrepresentation, concealment, conspiracy, collusion, 22 trick, scheme, or device whereby any other person lawfully 23 relying upon the work, representation, or conduct of the 24 talent agency or advance-fee talent service acts or has acted 25 to his or her injury or damage. 26 4. Commit fraud or deceit in the operation of a talent 27 agency or advance-fee talent service. 28 5. Conspire with another talent agency or advance-fee 29 talent service or with another person to commit an act that 30 coerces, intimidates, or precludes another talent agency or 31 advance-fee talent service from advertising its services. 14 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 6. Solicit business, either personally or through any 2 other person, using fraud, deception, or misleading statements 3 or through the exercise of intimidation or undue influence. 4 7. Exercise undue influence on the artist in order to 5 exploit the artist for the financial gain of the talent 6 agency, advance-fee talent service, or a third party. 7 8. Commit sexual misconduct with an artist. An owner, 8 operator, employee, or agent of the talent agency or 9 advance-fee talent service shall not use the artist-agent 10 relationship to induce or attempt to induce the artist to 11 engage or attempt to engage in sexual activity. 12 9. Employ an employee, agent, owner, operator, or 13 other person with a financial interest who has been convicted 14 of sexual battery, lewd acts, or other sexual misconduct 15 proscribed in chapter 800, Florida Statutes, or in section 16 794.011, section 827.071, section 847.012, section 847.0125, 17 section 847.013, section 847.0133, or section 847.0145, 18 Florida Statutes. 19 10.a. Send, or cause to send, an artist to a house of 20 ill fame, a house or place of amusement for immoral purposes, 21 a place where prostitution is performed, or a place for the 22 modeling or photographing of a minor in the nude, the 23 character of which could have been ascertained upon reasonable 24 inquiry by the talent agency or advance-fee talent service. 25 b. For the purposes of this paragraph, the term 26 "modeling or photographing of a minor in the nude" means the 27 visual display of the buttocks, genitals, or female breast, 28 areolae, or nipples of a person younger than 18 years of age. 29 c. This subparagraph does not apply if both parents or 30 the legal guardian of the minor are fully advised of the 31 intended activity and both parents or the guardian execute a 15 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 written consent for the visual display of their child or ward. 2 (b) A person, talent agency, or advance-fee talent 3 service that violates this subsection commits a felony of the 4 second degree, punishable as provided in section 775.082, 5 section 775.083, or section 775.084, Florida Statutes. 6 (4)(a) A person, talent agency, or advance-fee talent 7 service shall not: 8 1. Make, or cause to be made, any false, misleading, 9 or deceptive advertisement or representation concerning the 10 services the artist will receive or the costs the artist will 11 incur. 12 2. Publish or cause to be published any false, 13 fraudulent, or misleading information, representation, notice, 14 or advertisement. 15 3. Charge, collect, or receive compensation for any 16 service performed by the talent agency or advance-fee talent 17 service greater than the charge, fee, or compensation 18 specified in its schedule of maximum fees, charges, and 19 commissions. 20 4. Advertise goods or services in a manner that is 21 fraudulent, false, deceptive, or misleading in form or 22 content. 23 5. Permit, aid, assist, procure, or advise a person to 24 operate a talent agency or advance-fee talent service contrary 25 to this act. 26 6. Fail to perform any statutory or legal obligation 27 required by law for a talent agency or advance-fee talent 28 service. 29 7. Require the applicant or artist to subscribe to or 30 purchase any publication, postcard service, advertisement, 31 resume service, photography service, website service, or video 16 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 or audiotapes, or attend any school, acting school, workshop, 2 or acting class as a condition to performing services for an 3 applicant or artist. 4 8. Charge or attempt to charge, directly or 5 indirectly, an artist for creating or providing photographs, 6 filmstrips, videotapes, audition tapes, demonstration reels, 7 talent brochures, or other reproductions of the artist, or for 8 providing costumes, lessons, coaching, or similar training for 9 the artist. 10 9. Refer an artist to a person who charges the artist 11 a fee for the services described in this act in which the 12 talent agency or advance-fee talent service has a direct or 13 indirect financial interest. 14 10. Accept any compensation for referring an artist to 15 a person charging the artist a fee for the services described 16 in this act. 17 11. Knowingly issue a contract containing any term or 18 condition that, if complied with, would be in violation of 19 law. 20 12. Knowingly send or influence an artist to go to a 21 prospective employer or place of business the character or 22 operation of which the talent agency or advance-fee talent 23 service knows to be in violation of the laws of the United 24 States or this state. 25 13. Divide fees with anyone, including, but not 26 limited to, an agent or other employee of an employer, buyer, 27 casting director, producer, or director. 28 14. Fail to maintain records required by this act or 29 knowingly making false entries in the records. 30 15. Fail, either before or at the time of executing a 31 contract, to give the artist a copy of the signed or 17 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 authenticated contract listing the services to be provided; an 2 itemized schedule of maximum fees, charges, and commissions 3 that it intends to charge and collect for its services; a copy 4 of this act; a copy of a criminal background check; and a copy 5 of a bond. 6 16. Charge a registration fee, except as permitted for 7 advance-fee talent services. 8 17. Fail to notify an artist that there is a strike, 9 lockout, or other labor dispute in active progress before 10 sending the artist to an engagement. 11 (b) A person, talent agency, or advance-fee talent 12 service that violates this subsection commits a misdemeanor of 13 the second degree, punishable as provided in section 775.082 14 or section 775.083, Florida Statutes. 15 Section 7. Remedies.-- 16 (1)(a) If a state attorney believes there is probable 17 cause that a talent agency, advanced-fee talent service, or 18 other person has violated subsection (1), subsection (2), or 19 subsection (3) of section 6 of this act, the state attorney 20 may file a civil action in the circuit court to enjoin the 21 talent agency, advanced-fee talent service, or other person 22 from continuing the violation or doing any act in furtherance 23 thereof, and for such other relief as the court deems 24 appropriate. 25 (b) A state attorney may file a civil action in 26 circuit court upon the sworn affidavit of a person alleging a 27 violation of this act. The court may grant a temporary or 28 permanent injunction restraining any talent agency, 29 advanced-fee talent service, or other person from violating 30 this act and the injunction shall issue without bond. 31 (2)(a) If an artist or other person is injured by the 18 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 misconduct of a talent agency or advance-fee talent service, 2 the artist may file a civil action in his or her own name upon 3 the bond of the talent agency or advance-fee talent service in 4 any court having jurisdiction of the amount claimed. 5 (b) The artist or other person filing the complaint 6 may bring the action for temporary or permanent injunctive 7 relief and may seek other relief, including, but not limited 8 to, restitution for damages, court costs, a civil penalty not 9 to exceed $5,000 for each violation, treble damages for 10 injured parties, and reasonable attorney's fees. 11 (c) Any claim made by an artist or other person is 12 assignable, and the assignee is entitled to the same remedies 13 upon the bond of the talent agency or advance-fee talent 14 service or otherwise as the artist or other person aggrieved 15 would be entitled to if the claim had not been assigned. A 16 claim so assigned may be enforced in the name of the assignee. 17 (3) The remedies provided in this section are 18 cumulative and not exclusive of any other remedy provided by 19 law. 20 Section 8. The regulation of talent agencies by the 21 Department of Business and Professional Regulation is 22 abolished. Any funds and balances associated with the 23 regulation of talent agencies remaining in the Professional 24 Regulation Trust Fund after July 1, 2005, shall be used to pay 25 any remaining expenses associated with this regulation. The 26 department shall rebate talent agency license fees, on a pro 27 rata basis, for the period beginning July 1, 2005, through the 28 period for which license fees have been paid. If the account 29 is in a deficit balance, the funds shall be provided from the 30 General Revenue Fund. Another profession regulated by the 31 Department of Business and Professional Regulation shall not 19 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 be assessed the cost of any refund. Any funds or balances 2 remaining in the trust fund after January 1, 2006, shall be 3 transferred to the General Revenue Fund. 4 Section 9. The Department of Business and Professional 5 Regulation may continue to prosecute any legal proceedings and 6 related administrative cases that are pending on July 1, 2005. 7 Section 10. This act shall take effect July 1, 2005. 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 Delete everything before the enacting clause 13 14 and insert: 15 A bill to be entitled 16 An act relating to talent agencies and 17 advance-fee talent services; repealing part VII 18 of ch. 468, F.S., relating to the regulation of 19 talent agencies; providing definitions; 20 requiring each talent agency and advance-fee 21 talent service to obtain a surety bond for a 22 specified amount; requiring each talent agency 23 and advance-fee talent service to give each 24 artist a copy of the bond; providing criminal 25 penalties for failing to comply with the 26 bonding requirements; requiring each talent 27 agency and advance-fee talent service to 28 maintain a permanent office during certain 29 specified hours; directing that certain 30 records, with specified information in them, be 31 kept for each artist; requiring that records be 20 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 maintained for a specified period; directing 2 that all records of a talent agency and 3 advance-fee talent service be open to the 4 inspection of a state attorney; requiring that 5 the talent agency or advance-fee talent service 6 give the state attorney a copy of the records 7 when so requested; providing criminal penalties 8 if the talent agency or advance-fee talent 9 service fails or refuses to disclose 10 information to a state attorney; providing 11 criminal penalties for failing to comply with 12 the requirements pertaining to records; 13 directing a talent agency or advance-fee talent 14 service to post an itemized schedule of maximum 15 fees, charges, or commissions that it intends 16 to charge and collect for its services; 17 providing for the location for posting of the 18 schedule; providing criminal penalties for 19 failing to post the fee schedule; requiring 20 that an artist and a talent agency or 21 advance-fee talent service enter into a written 22 contract when such entity agrees to perform 23 services for the artist; providing an exception 24 under specified circumstances; providing for 25 the content of the written contract; requiring 26 that a talent agency or advance-fee talent 27 service provide each artist with a copy of the 28 contract; requiring any person who holds 29 himself or herself out as an employee or agent 30 of a talent agency or advance-fee talent 31 service to meet level 1 screening requirements; 21 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 directing that a talent agency or advance-fee 2 talent service provide each artist with a copy 3 of the level 1 screening; requiring that the 4 screening be completed within a specified 5 period; directing that all money collected by a 6 talent agency from an employer or buyer be paid 7 to the artist within a specified period; 8 providing that a contract is voidable under 9 certain circumstances; permitting an artist to 10 cancel a contract by giving written notice of 11 the cancellation to the talent agency or 12 advance-fee talent service within a specified 13 period; prohibiting an artist from waiving the 14 right to cancel a contract; providing the way 15 in which a talent agency or advance-fee talent 16 service must refund money to an artist; 17 providing criminal penalties for violating 18 provisions relating to contracting; specifying 19 certain prohibited acts by a talent agency or 20 advance-fee talent service; providing criminal 21 penalties for failure to comply; providing for 22 certain specified civil remedies for violations 23 of the act; removing the authority of the 24 Department of Business and Professional 25 Regulation to regulate talent agencies; 26 providing for the use of certain funds after 27 the effective date of the act; requiring the 28 department to rebate talent agency license 29 fees; authorizing the department to continue to 30 prosecute any legal proceedings and related 31 administrative cases that are pending on the 22 11:37 AM 03/18/05 s0750d-ri05-t08
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 750 Barcode 074438 1 effective date of the act; providing an 2 effective date. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 23 11:37 AM 03/18/05 s0750d-ri05-t08