Senate Bill sb0750
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Florida Senate - 2005 SB 750
By Senator Baker
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1 A bill to be entitled
2 An act relating to talent agencies and
3 advance-fee talent services; repealing part VII
4 of ch. 468, F.S., relating to the regulation of
5 talent agencies; providing definitions;
6 requiring each talent agency and advance-fee
7 talent service to obtain a surety bond for a
8 specified amount; requiring each talent agency
9 and advance-fee talent service to give each
10 artist a copy of the bond; providing criminal
11 penalties for failing to comply with the
12 bonding requirements; requiring each talent
13 agency and advance-fee talent service to
14 maintain a permanent office during certain
15 specified hours; directing that certain
16 records, with specified information in them, be
17 kept for each artist; requiring that records be
18 maintained for a specified period; directing
19 that all records of a talent agency and
20 advance-fee talent service be open to the
21 inspection of a state attorney; requiring that
22 the talent agency or advance-fee talent service
23 give the state attorney a copy of the records
24 when so requested; providing criminal penalties
25 if the talent agency or advance-fee talent
26 service fails or refuses to disclose
27 information to a state attorney; providing
28 criminal penalties for failing to comply with
29 the requirements pertaining to records;
30 directing a talent agency or advance-fee talent
31 service to post an itemized schedule of maximum
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1 fees, charges, or commissions that it intends
2 to charge and collect for its services;
3 providing for the location for posting of the
4 schedule; providing criminal penalties for
5 failing to post the fee schedule; requiring
6 that an artist and a talent agency or
7 advance-fee talent service enter into a written
8 contract when such entity agrees to perform
9 services for the artist; providing an exception
10 under specified circumstances; providing for
11 the content of the written contract; requiring
12 that a talent agency or advance-fee talent
13 service provide each artist with a copy of the
14 contract; requiring any person who holds
15 himself or herself out as an employee or agent
16 of a talent agency or advance-fee talent
17 service to meet level 2 screening requirements;
18 directing that a talent agency or advance-fee
19 talent service provide each artist with a copy
20 of the level 2 screening; requiring that the
21 screening be completed within a specified
22 period; directing that all money collected by
23 a talent agency from an employer or buyer be
24 paid to the artist within a specified period;
25 providing that a contract is voidable under
26 certain circumstances; permitting an artist to
27 cancel a contract by giving written notice of
28 the cancellation to the talent agency or
29 advance-fee talent service within a specified
30 period; prohibiting an artist from waiving the
31 right to cancel a contract; providing the way
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1 in which a talent agency or advance-fee talent
2 service must refund money to an artist;
3 providing criminal penalties for violating
4 provisions relating to contracting; specifying
5 certain prohibited acts by a talent agency or
6 advance-fee talent service; providing criminal
7 penalties for failure to comply; providing for
8 certain specified civil remedies for violations
9 of the act; removing the authority of the
10 Department of Business and Professional
11 Regulation to regulate talent agencies;
12 providing for the use of certain funds after
13 the effective date of the act; requiring the
14 department to rebate talent agency license
15 fees; authorizing the department to continue to
16 prosecute any legal proceedings and related
17 administrative cases that are pending on the
18 effective date of the act; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Part VII of chapter 468, Florida Statutes,
24 consisting of sections 468.401, 468.402, 468.403, 468.404,
25 468.405, 468.406, 468.407, 468.408, 468.409, 468.410, 468.411,
26 468.412, 468.413, 468.414, and 468.415, is repealed.
27 Section 2. Definitions.--As used in sections 2 through
28 7 of this act, the term:
29 (1) "Advance-fee talent service" means a service
30 practiced by a person or business entity, or the person's or
31 business entity's employees or authorized agents, which
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1 charges, attempts to charge, or receives an advance fee from
2 an artist for the purpose of promoting, but not procuring, the
3 employment or engagement of the artist. Promoting the
4 employment or engagement of an artist includes, but is not
5 limited to, the following activities:
6 (a) Promoting or advertising an artist to a casting
7 director, talent agency, talent manager, or any other person
8 represented to be in a position to offer assistance in
9 procuring engagements or employment for the artist.
10 (b) Promoting or advertising an artist by using the
11 Internet, trade publications, or other media.
12 (c) Registering or listing an artist for employment in
13 the entertainment industry or as a customer of the advance-fee
14 talent service.
15 (d) Managing, directing, developing, or advancing the
16 artist's career.
17 (e) Preparing the artist for employment through career
18 counseling or consulting, vocational guidance, aptitude
19 testing, or evaluation.
20 (2) "Advance fee" means a fee that is due from or paid
21 by an artist before the artist obtains employment as an artist
22 or before the artist receives earnings as an artist. An
23 advance fee also includes money received by the artist which
24 exceeds the earnings received by the artist.
25 (a) An advance fee does not include reimbursement for
26 out-of-pocket costs actually incurred by an advance-fee talent
27 service on behalf of the artist when paying for services
28 rendered or goods provided to the artist by an independent
29 third party unless all of the following conditions are met:
30 1. The advance-fee talent service does not have a
31 direct or an indirect financial interest in the third party.
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1 2. The advance-fee talent service does not accept a
2 referral fee or other consideration from the third party.
3 3. The services rendered or goods provided for the
4 out-of-pocket costs are not represented to be, and are not, a
5 condition for the advance-fee talent service to register or
6 list the artist with the advance-fee talent service.
7 4. The advance-fee talent service maintains adequate
8 records documenting that any amount to be reimbursed to the
9 advance-fee talent service was actually advanced or owed to a
10 third party, that the third party is not a person in which the
11 advance-fee talent service has a direct or indirect financial
12 interest, and that the advance-fee talent service did not
13 receive any consideration for referring the artist.
14 (b) The burden of producing evidence to support a
15 defense based upon an exemption or an exception provided in
16 paragraph(a) is on the advance-fee talent service claiming the
17 exemption or exception.
18 (3) "Artist" means a person who seeks to become or is
19 an actor, actress, director, writer, cinematographer,
20 composer, lyricist, arranger, model, extra, or other person
21 rendering professional services on the legitimate stage or in
22 the production of motion pictures, radio productions,
23 musicals, television productions, print advertisements, or
24 other entertainment enterprises.
25 (4) "Buyer" or "employer" means a person, company,
26 partnership, corporation, or other business entity that uses
27 the services of a talent agency or advance-fee talent service.
28 (5) "Compensation" means any one or more of the
29 following:
30 (a) Money or other valuable consideration paid or
31 promised to be paid for services rendered by an individual
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1 conducting the business of a talent agency or an advance-fee
2 talent service;
3 (b) Money received by a person in excess of that which
4 has been paid by the person for transportation, transfer of
5 baggage, or board and lodging for an applicant for employment;
6 or
7 (c) The difference between the amount of money
8 received by a 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 the person to an employee, performer, or
12 entertainer.
13 (6) "Divided fee" means the process by which, without
14 written contractual approval of the artist, any two or more
15 persons receive compensation for performing services for an
16 artist and the total compensation paid to these persons
17 exceeds the compensation that would have been paid to only one
18 person acting on behalf of the artist.
19 (7) "Engagement" means any employment or placement of
20 an artist during which the artist performs in his or her
21 artistic capacity. The term does not apply to procuring opera,
22 music, theater, or dance engagements for any nonprofit
23 organization defined in s. 501(c)(3) of the Internal Revenue
24 Code or any nonprofit arts organization in this state which
25 has received a grant from the Division of Cultural Affairs of
26 the Department of State or has participated in the state
27 touring program of the Division of Cultural Affairs.
28 (8) "Operator" means the person who is or who will be
29 in actual charge of a talent agency or an advance-fee talent
30 service.
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1 (9) "Owner" means a partner in a partnership, member
2 of a firm, or one or more principal officers of a corporation
3 whose partnership, firm, or corporation owns a talent agency
4 or an advance-fee talent service, or an individual who is the
5 sole owner of a talent agency or an advance-fee talent
6 service.
7 (10) "Talent agency" or "agency" means a business
8 entity or person who, for compensation, engages in the
9 occupation or business of procuring or attempting to procure
10 engagements for an artist and includes the agency's employees
11 and authorized agents.
12 Section 3. Bond required.--
13 (1) Each talent agency or advance-fee talent service
14 shall obtain a bond in the form of a surety by a reputable
15 company engaged in the bonding business which is authorized to
16 do business in this state. The bond must be for the penal sum
17 of not less than $50,000 and be conditioned on the talent
18 agency or advance-fee talent service conforming to and not
19 violating any duty, term, condition, provision, or requirement
20 of this act.
21 (2) A talent agency or advance-fee talent service must
22 provide the artist with a copy of the bond.
23 (3) If a person fails to maintain a bond according to
24 this section, the person commits a misdemeanor of the second
25 degree, punishable as provided in section 775.082 or section
26 775.083, Florida Statutes.
27 Section 4. Office and records.--
28 (1) A talent agency or advance-fee talent service must
29 maintain a permanent office and must maintain regular
30 operating hours at that office. The office may not be located
31 on or within any property where intoxicating liquor is sold,
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1 where gambling is permitted, or where acts of prostitution are
2 committed.
3 (2) A talent agency or advance-fee talent service must
4 keep on file the application, registration, and fully executed
5 contract of each artist that the talent agency or advance-fee
6 talent service represents. The artist file of a talent agency
7 must also include the total amount of compensation received by
8 the artist, the amount of compensation received by the artist
9 for each performance, and documentation of all attempts made
10 by the talent agency to procure engagements for the artist.
11 The artist file of an advance-fee talent service must also
12 include documentation of all attempts to promote or advertise
13 the artist.
14 (3) A talent agency or advance-fee talent service may
15 not knowingly make a false entry in an applicant's file or
16 receipt file.
17 (4) Each document in the file must be preserved for a
18 period of not less than 5 years after the date of the last
19 entry entered into the file.
20 (5)(a) All books, records, and other papers kept under
21 this act by a talent agency or advance-fee talent service must
22 be open to the inspection of a state attorney, or the state
23 attorney's authorized agent, at any reasonable hour. The
24 talent agency or advance-fee talent service must give the
25 state attorney a true copy of the books, records, and papers,
26 or any portion thereof, when so requested.
27 (b) A person may not refuse to disclose any
28 information within his or her knowledge as required by this
29 subsection, or fail or refuse to produce any document, book,
30 or record for inspection which is in his or her possession, to
31 a state attorney or the state attorney's authorized agent.
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1 (c) If a person fails or refuses to disclose
2 information to a state attorney as required by this
3 subsection, the person commits a misdemeanor of the second
4 degree, punishable as provided in section 775.082 or section
5 775.083, Florida Statutes.
6 (6) A talent agency must maintain records that contain
7 all of the following information or documents:
8 (a) The name and current address of each artist
9 employing the talent agency.
10 (b) The amount of commissions the talent agency has
11 received from each artist.
12 (c) A record sheet for each engagement obtained by the
13 talent agency. The record sheet is the only record required to
14 show engagements. The record sheet must be kept in the
15 artist's file for a period of not less than 5 years after the
16 date of the last record sheet that was posted in the artist's
17 file.
18 (d) The engagement the artist was performing in at the
19 time the artist was retained by the talent agency. The
20 documents must include the amount of compensation received by
21 the artist from this engagement.
22 (e) The engagements the talent agency procured for the
23 artist after the artist and talent agency entered into a
24 contract. The documents must include the amount of
25 compensation received by the artist from the engagements
26 obtained for the artist during the life of the contract.
27 (7) An advance-fee talent service must maintain
28 records that contain all of the following information or
29 documents:
30 (a) The name and current address of each artist
31 employing the advance-fee talent service.
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1 (b) The amount of the advance fees paid by or for the
2 artist during the term of the contract with the advance-fee
3 talent service.
4 (c) A record of all efforts made in promoting the
5 artist. A record of each effort to promote the artist must be
6 maintained in the artist's file for a period of not less than
7 5 years after the effort to promote the artist was made.
8 (8)(a) If a person fails to maintain a permanent
9 office and keep regular hours at that office, fails to
10 maintain records and files as required by this section, or
11 knowingly makes false entries in an artist's files, the person
12 commits a misdemeanor of the second degree, punishable as
13 provided in section 775.082 or section 775.083, Florida
14 Statutes.
15 (b) If a person establishes or keeps an office where
16 intoxicating liquor is sold, where gambling is permitted, or
17 where acts of prostitution are committed, the person commits a
18 felony of the second degree, punishable as provided in section
19 775.082, section 775.083, or section 775.084, Florida
20 Statutes.
21 Section 5. Contracts and fees.--
22 (1)(a) A talent agency or advance-fee talent service
23 shall post an itemized schedule of maximum fees, charges, or
24 commissions that it intends to charge and collect for its
25 services. The schedule must be posted in a conspicuous place
26 in each place of business. The schedule must be printed in not
27 less than 30-point boldfaced type.
28 (b) A talent agency that uses a written contract
29 containing a schedule of its maximum fees, charges, and
30 commissions is not required to post the schedule.
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1 (c) If a person fails to post in a conspicuous place a
2 schedule of the itemized fees, charges, and commissions, if
3 required, the person commits a misdemeanor of the second
4 degree, punishable as provided in section 775.082 or section
5 775.083, Florida Statutes.
6 (2) An artist and a talent agency or advance-fee
7 talent service must enter into a written contract when the
8 parties agree that a talent agency or advance-fee talent
9 service shall perform services for the artist. If the
10 circumstances of the arrangement between the artist and the
11 talent agency or advance-fee talent service prevent the
12 execution of a contract before the artist performs, the artist
13 and the talent agency or advance-fee talent service must
14 execute the contract no later than 7 days after the first
15 performance.
16 (3) The contract must incorporate the full agreement
17 between the artist and the talent agency or advance-fee talent
18 service, be contained in a single document, and include the
19 elements set forth in this section.
20 (4) Each contract between an artist and an advance-fee
21 talent service must contain all of the following provisions:
22 (a) A description of the specific services to be
23 performed by the advance-fee talent service, the duration of
24 the contract, and the refund provisions if the services are
25 not provided according to the contract.
26 (b) A statement of the fees that the advance-fee
27 talent service will charge to or collect from the artist
28 receiving the services and the date or dates when the artist
29 must pay the fees.
30 (c) The following statement, in type no smaller than
31 10-point boldfaced type and in close proximity to the artist's
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1 signature, must be included in each advance-fee talent service
2 contract:
3
4 RIGHT TO REFUND
5
6 If you pay in advance all or any portion of a
7 fee charged to you by (name of advance-fee
8 talent service) and you fail to receive the
9 services promised to you or that you were led
10 to believe would be performed, (name of
11 advance-fee talent service) shall, upon your
12 request, return the full amount paid by you
13 within 48 hours after your request for a
14 refund. If the refund is not made within 48
15 hours, (name of advance-fee talent service)
16 shall also pay to you, in addition to the
17 refund due to you, a sum equal to the amount of
18 the refund.
19 YOUR RIGHT TO CANCEL (enter date of transaction)
20 You may cancel this contract for advance-fee
21 talent services without any penalty or
22 obligation if you give notice of the
23 cancellation, in writing, no later than 14 days
24 after the date of the transaction stated above.
25 If you wish to cancel the contract, you must
26 mail or deliver a signed and dated copy of the
27 following cancellation notice, another written
28 document notifying the advance-fee talent
29 service that you intend to cancel the contract,
30 or send a telegram, fax, or e-mail notifying
31 the advance-fee talent service that you intend
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1 to cancel the contract, to (name of advance-fee
2 talent service) at (address of its place of
3 business) NOT LATER THAN MIDNIGHT AFTER (enter
4 the date).
5
6 ONLY A TALENT AGENCY MAY ENGAGE IN THE
7 OCCUPATION OF PROCURING, OFFERING, PROMISING,
8 OR ATTEMPTING TO PROCURE EMPLOYMENT OR
9 ENGAGEMENTS FOR AN ARTIST.
10
11 CANCELLATION NOTICE
12
13 I hereby cancel this contract.
14 Dated:
15 ________________________________________
16 Artist Signature.
17
18 (5) A talent agency or advance-fee talent service must
19 give each artist a copy of the signed or authenticated
20 contract listing the services to be provided and the fees,
21 charges, or commissions to be charged at the time the contract
22 is signed.
23 (6) A talent agency or advance-fee talent service must
24 give each artist a copy of this act at the time the contract
25 is signed.
26 (7)(a) Pursuant to chapter 435, Florida Statutes, any
27 person who holds himself or herself out as an employee or
28 agent of a talent agency or advance-fee talent service must
29 meet level 2 screening requirements as described in section
30 435.04, Florida Statutes.
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1 (b) Each talent agency and advance-fee talent service
2 must give the artist a copy of the level 2 screening for each
3 owner and operator of the talent agency or advance-fee talent
4 service before executing a contract with an artist. The level
5 2 screening must have been completed within the previous 12
6 months.
7 (8)(a) All money collected by a talent agency from an
8 employer or buyer for the benefit of an artist must be paid to
9 the artist within 14 business days after receiving the money
10 from the employer. The talent agency may reduce the amount
11 paid to the artist by the talent agency's commission.
12 (b) A talent agency is not required to pay money to an
13 artist until the talent agency receives payment from the
14 employer or buyer.
15 (9) A contract entered into by a talent agency or
16 advance-fee talent service which does not conform to this act
17 is voidable by the artist. If an artist voids a contract with
18 a talent agency or advance-fee talent service, the artist is
19 not required to pay or return any consideration received from
20 the talent agency or advance-fee talent service to induce the
21 artist to enter into the contract.
22 (10) An artist may cancel a contract with a talent
23 agency or advance-fee talent service by giving written notice
24 of the cancellation to the talent agency or advance-fee talent
25 service no later than 14 days after the date of transaction.
26 If an artist cancels a contract, the artist is not required to
27 pay or return any consideration received from the talent
28 agency or advance-fee talent service to induce the artist to
29 enter into the contract.
30 (11) An artist may not waive the right to cancel a
31 contract with a talent agency or advance-fee talent service as
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1 provided in this act. Any attempt by a talent agency or
2 advance-fee talent service to induce an artist to waive the
3 artist's right to cancel the contract is a violation of this
4 act.
5 (12)(a) If an artist gives consideration to a talent
6 agency to be used for expenses to obtain a specific engagement
7 or employment and the talent agency fails to procure the
8 specific engagement or employment for the artist, the talent
9 agency shall, upon the artist's demand, repay all
10 consideration paid by the artist.
11 (b) The talent agency must refund the consideration to
12 the artist no later than 48 hours after receiving the demand
13 from the artist. If the talent agency does not refund the
14 artist within the prescribed time period, the talent agency
15 must pay the artist a penalty that is equal to the amount of
16 all consideration paid to the talent agency.
17 (13) An advance-fee talent service must refund fees as
18 follows:
19 (a) If the artist does not receive the services
20 promised or the services the artist was led to believe would
21 be performed, the advance-fee talent service must, upon the
22 artist's demand, refund the artist any fees collected by the
23 advance-fee talent service for those services. The advance-fee
24 talent service must make the refund to the artist no later
25 than 48 hours after the artist demands the refund. If the
26 advance-fee talent service does not refund the artist within
27 the prescribed time period, the advance-fee talent service
28 must pay the artist a penalty that is equal to the amount of
29 all fees paid to the advance-fee talent service.
30 (b) If an artist cancels the contract, the advance-fee
31 talent service must refund in full all fees paid by the
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1 artist. The advance-fee talent service must refund the fees no
2 later than 14 days after the artist cancels the contract. If
3 the advance-fee talent service does not refund the artist
4 within the prescribed time period, the advance-fee talent
5 service must pay the artist a penalty that is equal to the
6 amount of all fees paid to the advance-fee talent service.
7 (14) A talent agency or advance-fee talent service
8 that violates any provision of this section commits a
9 misdemeanor of the second degree, punishable as provided in
10 section 775.082 or section 775.083, Florida Statutes.
11 Section 6. Prohibitions and penalties.--
12 (1)(a) A person, business entity, talent agency, or
13 advance-fee talent service may not accept an advance fee for
14 procuring, offering, promising, or attempting to procure
15 employment or engagements for an artist.
16 (b) A person, business entity, talent agency, or
17 advance-fee talent service that violates this subsection
18 commits a felony of the second degree, punishable as provided
19 in section 775.082, section 775.083, or section 775.084,
20 Florida Statutes.
21 (2)(a) An advance-fee talent service may not make any
22 false statement, representation, promise, or implication by
23 its choice of name that it is a talent agency. An advance-fee
24 talent service may not state, promise, or represent that it
25 will procure, or attempt to procure, employment or engagements
26 for the artist.
27 (b) A person or advance-fee talent service that
28 violates this subsection commits a felony of the second
29 degree, punishable as provided in section 775.082, section
30 775.083, or section 775.084, Florida Statutes.
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1 (3)(a) A person, talent agency, or advance-fee talent
2 service, or an owner, operator, employee, or agent of a talent
3 agency or advance-fee talent service, may not:
4 1. Give an artist false information, make a false
5 promise or misrepresentation concerning any engagement or
6 employment, or make a false or misleading verbal or written
7 promise or guarantee of any engagement as an artist.
8 2. Print, publish, distribute, or cause, authorize, or
9 knowingly permit the making, printing, publication, or
10 distribution of any false statement, description, or promise
11 that would reasonably induce a person to act to his or her
12 damage or injury.
13 3. Knowingly commit, or be a party to, any material
14 fraud, misrepresentation, concealment, conspiracy, collusion,
15 trick, scheme, or device whereby any other person lawfully
16 relying upon the work, representation, or conduct of the
17 talent agency or advance-fee talent service acts or has acted
18 to his or her injury or damage.
19 4. Commit fraud or deceit in the operation of a talent
20 agency or advance-fee talent service.
21 5. Conspire with another talent agency or advance-fee
22 talent service or with another person to commit an act that
23 coerces, intimidates, or precludes another talent agency or
24 advance-fee talent service from advertising its services.
25 6. Solicit business, either personally or through any
26 other person, using fraud, deception, or misleading statements
27 or through the exercise of intimidation or undue influence.
28 7. Exercise undue influence on the artist in order to
29 exploit the artist for the financial gain of the talent
30 agency, advance-fee talent service, or a third party.
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1 8. Commit sexual misconduct with an artist. An owner,
2 operator, employee, or agent of the talent agency or
3 advance-fee talent service may not use the artist-agent
4 relationship to induce or attempt to induce the artist to
5 engage or attempt to engage in sexual activity.
6 9. Employ an employee, agent, owner, operator, or
7 other person with a financial interest who has been convicted
8 of sexual battery, lewd acts, or other sexual misconduct
9 proscribed in chapter 800, Florida Statutes. or in section
10 794.011, section 827.071, section 847.012, section 847.0125,
11 section 847.013, section 847.0133, or section 847.0145,
12 Florida Statutes.
13 10.a. Send, or cause to send, an employee or agent to
14 a house of ill fame, a house or place of amusement for immoral
15 purposes, a place where prostitution is performed, or a place
16 for the modeling or photographing of a minor in the nude, the
17 character of which could have been ascertained upon reasonable
18 inquiry by the talent agency or advance-fee talent service.
19 b. For the purposes of this paragraph, the term
20 "modeling or photographing of a minor in the nude" means the
21 visual display of the buttocks, genitals, or female breast,
22 areolae, or nipples of a person younger than 18 years of age.
23 c. This subparagraph does not apply if both parents or
24 the legal guardian of the minor are fully advised of the
25 intended activity and both parents or the guardian execute a
26 written consent for the visual display of their child or ward.
27 (b) A person, talent agency, or advance-fee talent
28 service that violates this subsection commits a felony of the
29 second degree, punishable as provided in section 775.082,
30 section 775.083, or section 775.084, Florida Statutes.
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1 (4)(a) A person, talent agency, or advance-fee talent
2 service may not:
3 1. Make, or cause to be made, any false, misleading,
4 deceptive advertisement or representation concerning the
5 services the artist will receive or the costs the artist will
6 incur.
7 2. Publish or cause to be published any false,
8 fraudulent, or misleading information, representation, notice,
9 or advertisement.
10 3. Charge, collect, or receive compensation for any
11 service performed by the talent agency or advance-fee talent
12 service greater than the charge, fee, or compensation
13 specified in its schedule of maximum fees, charges, and
14 commissions.
15 4. Advertise goods or services in a manner that is
16 fraudulent, false, deceptive, or misleading in form or
17 content.
18 5. Permit, aid, assist, procure, or advise a person to
19 operate a talent agency or advance-fee talent service contrary
20 to this act.
21 6. Fail to perform any statutory or legal obligation
22 required by law for a talent agency or advance-fee talent
23 service.
24 7. Require the applicant or artist to subscribe to or
25 purchase any publication, postcard service, advertisement,
26 resume service, photography service, website service, or video
27 or audiotapes, or attend any school, acting school, workshop,
28 or acting class as a condition to performing services for an
29 applicant or artist.
30 8. Charge or attempt to charge, directly or
31 indirectly, an artist for creating or providing photographs,
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1 filmstrips, videotapes, audition tapes, demonstration reels,
2 talent brochures, or other reproductions of the artist, or for
3 providing costumes, lessons, coaching, or similar training for
4 the artist.
5 9. Refer an artist to a person who charges the artist
6 a fee for the services described in this act in which the
7 talent agency or advance-fee talent service has a direct or
8 indirect financial interest.
9 10. Accept any compensation for referring an artist to
10 a person charging the artist a fee for the services described
11 in this act.
12 11. Knowingly issue a contract containing any term or
13 condition that, if complied with, would be in violation of
14 law.
15 12. Knowingly send or influence an artist to go to a
16 prospective employer or place of business the character or
17 operation of which the talent agency or advance-fee talent
18 service knows to be in violation of the laws of the United
19 States or this state.
20 13. Divide fees with anyone, including, but not
21 limited to, an agent or other employee of an employer, buyer,
22 casting director, producer, or director.
23 14. Fail to maintain records required by this act or
24 knowingly making false entries in the records.
25 15. Fail, either before or at the time of executing a
26 contract, to give the artist a copy of the signed or
27 authenticated contract listing the services to be provided; an
28 itemized schedule of maximum fees, charges, and commissions
29 that it intends to charge and collect for its services; a copy
30 of this act; a copy of a criminal background check; and a copy
31 of a bond.
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1 16. Charge a registration fee, except as permitted for
2 advance-fee talent services.
3 17. Fail to notify an artist that there is a strike,
4 lockout, or other labor dispute in active progress before
5 sending the artist to an engagement.
6 (b) A person, talent agency, or advance-fee talent
7 service that violates this subsection commits a misdemeanor of
8 the second degree, punishable as provided in section 775.082
9 or section 775.083, Florida Statutes.
10 Section 7. Remedies.--
11 (1)(a) If a state attorney believes there is probable
12 cause that a talent agency, advanced-fee talent service, or
13 other person has violated subsection (1), subsection (2), or
14 subsection (3) of section 6 of this act, the state attorney
15 may file a civil action in the circuit court to enjoin the
16 talent agency, advanced-fee talent service, or other person
17 from continuing the violation or doing any act in furtherance
18 thereof, and for such other relief as the court deems
19 appropriate.
20 (b) A state attorney may file a civil action in
21 circuit court upon the sworn affidavit of a person alleging a
22 violation of this act. The court may grant a temporary or
23 permanent injunction restraining any talent agency,
24 advanced-fee talent service, or other person from violating
25 this act and the injunction shall issue without bond.
26 (2)(a) If an artist or other person is injured by the
27 misconduct of a talent agency or advance-fee talent service,
28 the artist may file a civil action in his or her own name upon
29 the bond of the talent agency or advance-fee talent service in
30 any court having jurisdiction of the amount claimed.
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1 (b) The artist or other person filing the complaint
2 may bring the action for temporary or permanent injunctive
3 relief and may seek other relief, including, but not limited
4 to, restitution for damages, court costs, a civil penalty not
5 to exceed $5,000 for each violation, treble damages for
6 injured parties, and reasonable attorney's fees.
7 (c) Any claim made by an artist or other person is
8 assignable, and the assignee is entitled to the same remedies
9 upon the bond of the talent agency or advance-fee talent
10 service or otherwise as the artist or other person aggrieved
11 would be entitled to if the claim had not been assigned. A
12 claim so assigned may be enforced in the name of the assignee.
13 (3) The remedies provided in this section are
14 cumulative and not exclusive of any other remedy provided by
15 law.
16 Section 8. The regulation of talent agencies by the
17 Department of Business and Professional Regulation is
18 abolished. Any funds and balances associated with the
19 regulation of talent agencies remaining in the Professional
20 Regulation Trust Fund after July 1, 2005, shall be used to pay
21 any remaining expenses associated with this regulation. The
22 department shall rebate talent agency license fees, on a pro
23 rata basis, for the period beginning July 1, 2005, through the
24 period for which license fees have been paid. If the account
25 is in a deficit balance, the funds shall be provided from the
26 General Revenue Fund. Another profession regulated by the
27 Department of Business and Professional Regulation may not be
28 assessed the cost of any refund. Any funds or balances
29 remaining in the trust fund after January 1, 2006, shall be
30 transferred to the General Revenue Fund.
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1 Section 9. The Department of Business and Professional
2 Regulation may continue to prosecute any legal proceedings and
3 related administrative cases that are pending on July 1, 2005.
4 Section 10. This act shall take effect July 1, 2005.
5
6 *****************************************
7 SENATE SUMMARY
8 Removes the regulatory authority of the Department of
Business and Professional Regulation over talent
9 agencies. Requires each talent agency and advance-fee
talent service to obtain a surety bond for a specified
10 amount. Directs each talent agency and advance-fee talent
service to maintain a permanent office during certain
11 specified hours. Requires certain records to be kept.
Directs that all records of a talent agency and
12 advance-fee talent service open to the inspection of a
state attorney. Directs each talent agency and
13 advance-fee talent service to post an itemized schedule
of maximum fees and commissions. Requires an artist and a
14 talent agency or advance-fee talent service to enter into
a written contract for the performance of services for
15 the artist. Directs certain persons to meet level 2
screening requirements and to give the artist a copy of
16 the screening results. Directs that money collected by a
talent agency from an employer or buyer be paid to the
17 artist within a specified time. Provides that a contract
is voidable under certain circumstances. Permits an
18 artist to cancel a contract by giving written notice of
the cancellation to the talent agency or advance-fee
19 talent service within a specified time. Details certain
prohibited acts by a talent agency or advance-fee talent
20 service. Provides criminal penalties and civil remedies
for violations of the act. Directs the use of certain
21 funds of the department after July 1, 2005. Provides that
the department may continue to prosecute any legal
22 proceedings and related administrative cases that are
pending on July 1, 2005. (See bill for details.)
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