Senate Bill sb0750c1

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    Florida Senate - 2005                            CS for SB 750

    By the Committee on Regulated Industries; and Senator Baker





    580-1782-05

  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 1 screening requirements;

18         directing that a talent agency or advance-fee

19         talent service provide each artist with a copy

20         of the level 1 screening; requiring that the

21         screening be completed within a specified

22         period; directing that all money collected by a

23         talent agency from an employer or buyer be paid

24         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 paid 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 if 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

17  the 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.

31  

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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 $10,000 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 obtain or maintain a bond

24  according to this section, the person commits a misdemeanor of

25  the second degree, punishable as provided in section 775.082

26  or section 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 shall not be

31  located on or within any property where intoxicating liquor is

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 1  sold, where gambling is permitted, or where acts of

 2  prostitution are 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

15  shall not knowingly make a false entry in an applicant's file

16  or 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.

31  

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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  

20                   YOUR RIGHT TO CANCEL

21               (enter date of transaction)

22  

23         You may cancel this contract for advance-fee

24         talent services without any penalty or

25         obligation if you give notice of the

26         cancellation, in writing, no later than 14 days

27         after the date of the transaction stated above.

28         If you wish to cancel the contract, you must

29         mail or deliver a signed and dated copy of the

30         following cancellation notice, another written

31         document notifying the advance-fee talent

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 1         service that you intend to cancel the contract,

 2         or send a telegram, fax, or e-mail notifying

 3         the advance-fee talent service that you intend

 4         to cancel the contract, to (name of advance-fee

 5         talent service) at (address of its place of

 6         business) NOT LATER THAN MIDNIGHT AFTER (enter

 7         the date).

 8  

 9         ONLY A TALENT AGENCY MAY ENGAGE IN THE

10         OCCUPATION OF PROCURING, OFFERING, PROMISING,

11         OR ATTEMPTING TO PROCURE EMPLOYMENT OR

12         ENGAGEMENTS FOR AN ARTIST.

13  

14                   CANCELLATION NOTICE

15  

16  I hereby cancel this contract.

17  

18  Dated:

19  

20  ________________________________________

21  Artist Signature.

22  

23         (5)  A talent agency or advance-fee talent service must

24  give each artist a copy of the signed or authenticated

25  contract listing the services to be provided and the fees,

26  charges, or commissions to be charged at the time the contract

27  is signed.

28         (6)  A talent agency or advance-fee talent service must

29  give each artist a copy of this act at the time the contract

30  is signed.

31  

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 1         (7)(a)  Pursuant to chapter 435, Florida Statutes, any

 2  person who holds himself or herself out as an employee or

 3  agent of a talent agency or advance-fee talent service must

 4  meet level 1 screening requirements as described in section

 5  435.03, Florida Statutes.

 6         (b)  Each talent agency and advance-fee talent service

 7  must give the artist a copy of the level 1 screening for each

 8  owner and operator of the talent agency or advance-fee talent

 9  service before executing a contract with an artist. The level

10  1 screening must have been completed within the previous 12

11  months.

12         (8)(a)  All money collected by a talent agency from an

13  employer or buyer for the benefit of an artist must be paid to

14  the artist within 7 business days after receiving the money

15  from the employer. The talent agency may reduce the amount

16  paid to the artist by the talent agency's commission.

17         (b)  A talent agency is not required to pay money to an

18  artist until the talent agency receives payment from the

19  employer or buyer.

20         (9)  A contract entered into by a talent agency or

21  advance-fee talent service which does not conform to this act

22  is voidable by the artist. If an artist voids a contract with

23  a talent agency or advance-fee talent service, the artist is

24  not required to pay or return any consideration received from

25  the talent agency or advance-fee talent service to induce the

26  artist to enter into the contract.

27         (10)  An artist may cancel a contract with a talent

28  agency or advance-fee talent service by giving written notice

29  of the cancellation to the talent agency or advance-fee talent

30  service no later than 14 days after the date of transaction.

31  If an artist cancels a contract, the artist is not required to

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 1  pay or return any consideration received from the talent

 2  agency or advance-fee talent service to induce the artist to

 3  enter into the contract.

 4         (11)  An artist shall not waive the right to cancel a

 5  contract with a talent agency or advance-fee talent service as

 6  provided in this act. Any attempt by a talent agency or

 7  advance-fee talent service to induce an artist to waive the

 8  artist's right to cancel the contract is a violation of this

 9  act.

10         (12)(a)  If an artist gives consideration to a talent

11  agency to be used for expenses to obtain a specific engagement

12  or employment and the talent agency fails to procure the

13  specific engagement or employment for the artist, the talent

14  agency shall, upon the artist's demand, repay all

15  consideration paid by the artist.

16         (b)  The talent agency must refund the consideration to

17  the artist no later than 48 hours after receiving the demand

18  from the artist. If the talent agency does not refund the

19  artist within the prescribed time period, the talent agency

20  must pay the artist a penalty that is equal to the amount of

21  all consideration paid to the talent agency.

22         (13)  An advance-fee talent service must refund fees as

23  follows:

24         (a)  If the artist does not receive the services

25  promised or the services the artist was led to believe would

26  be performed, the advance-fee talent service must, upon the

27  artist's demand, refund the artist any fees collected by the

28  advance-fee talent service for those services. The advance-fee

29  talent service must make the refund to the artist no later

30  than 48 hours after the artist demands the refund. If the

31  advance-fee talent service does not refund the artist within

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 1  the prescribed time period, the advance-fee talent service

 2  must pay the artist a penalty that is equal to the amount of

 3  all fees paid to the advance-fee talent service.

 4         (b)  If an artist cancels the contract, the advance-fee

 5  talent service must refund in full all fees paid by the

 6  artist. The advance-fee talent service must refund the fees no

 7  later than 14 days after the artist cancels the contract. If

 8  the advance-fee talent service does not refund the artist

 9  within the prescribed time period, the advance-fee talent

10  service must pay the artist a penalty that is equal to the

11  amount of all fees paid to the advance-fee talent service.

12         (14)  A talent agency or advance-fee talent service

13  that violates any provision of this section commits a

14  misdemeanor of the second degree, punishable as provided in

15  section 775.082 or section 775.083, Florida Statutes.

16         Section 6.  Prohibitions and penalties.--

17         (1)(a)  A person, business entity, talent agency, or

18  advance-fee talent service shall not accept an advance fee for

19  procuring, offering, promising, or attempting to procure

20  employment or engagements for an artist.

21         (b)  A person, business entity, talent agency, or

22  advance-fee talent service that violates this subsection

23  commits a felony of the second degree, punishable as provided

24  in section 775.082, section 775.083, or section 775.084,

25  Florida Statutes.

26         (2)(a)  An advance-fee talent service shall not make

27  any false statement, representation, promise, or implication

28  by its choice of name that it is a talent agency. An

29  advance-fee talent service shall not state, promise, or

30  represent that it will procure, or attempt to procure,

31  employment or engagements for the artist.

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 1         (b)  A person or advance-fee talent service that

 2  violates this subsection commits a felony of the second

 3  degree, punishable as provided in section 775.082, section

 4  775.083, or section 775.084, Florida Statutes.

 5         (3)(a)  A person, talent agency, or advance-fee talent

 6  service, or an owner, operator, employee, or agent of a talent

 7  agency or advance-fee talent service, shall not:

 8         1.  Give an artist false information, make a false

 9  promise or misrepresentation concerning any engagement or

10  employment, or make a false or misleading verbal or written

11  promise or guarantee of any engagement as an artist.

12         2.  Print, publish, distribute, or cause, authorize, or

13  knowingly permit the making, printing, publication, or

14  distribution of any false statement, description, or promise

15  that would reasonably induce a person to act to his or her

16  damage or injury.

17         3.  Knowingly commit, or be a party to, any material

18  fraud, misrepresentation, concealment, conspiracy, collusion,

19  trick, scheme, or device whereby any other person lawfully

20  relying upon the work, representation, or conduct of the

21  talent agency or advance-fee talent service acts or has acted

22  to his or her injury or damage.

23         4.  Commit fraud or deceit in the operation of a talent

24  agency or advance-fee talent service.

25         5.  Conspire with another talent agency or advance-fee

26  talent service or with another person to commit an act that

27  coerces, intimidates, or precludes another talent agency or

28  advance-fee talent service from advertising its services.

29         6.  Solicit business, either personally or through any

30  other person, using fraud, deception, or misleading statements

31  or through the exercise of intimidation or undue influence.

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    Florida Senate - 2005                            CS for SB 750
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 1         7.  Exercise undue influence on the artist in order to

 2  exploit the artist for the financial gain of the talent

 3  agency, advance-fee talent service, or a third party.

 4         8.  Commit sexual misconduct with an artist. An owner,

 5  operator, employee, or agent of the talent agency or

 6  advance-fee talent service shall not use the artist-agent

 7  relationship to induce or attempt to induce the artist to

 8  engage or attempt to engage in sexual activity.

 9         9.  Employ an employee, agent, owner, operator, or

10  other person with a financial interest who has been convicted

11  of sexual battery, lewd acts, or other sexual misconduct

12  proscribed in chapter 800, Florida Statutes, or in section

13  794.011, section 827.071, section 847.012, section 847.0125,

14  section 847.013, section 847.0133, or section 847.0145,

15  Florida Statutes.

16         10.a.  Send, or cause to send, an artist to a house of

17  ill fame, a house or place of amusement for immoral purposes,

18  a place where prostitution is performed, or a place for the

19  modeling or photographing of a minor in the nude, the

20  character of which could have been ascertained upon reasonable

21  inquiry by the talent agency or advance-fee talent service.

22         b.  For the purposes of this paragraph, the term

23  "modeling or photographing of a minor in the nude" means the

24  visual display of the buttocks, genitals, or female breast,

25  areolae, or nipples of a person younger than 18 years of age.

26         c.  This subparagraph does not apply if both parents or

27  the legal guardian of the minor are fully advised of the

28  intended activity and both parents or the guardian execute a

29  written consent for the visual display of their child or ward.

30         (b)  A person, talent agency, or advance-fee talent

31  service that violates this subsection commits a felony of the

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    Florida Senate - 2005                            CS for SB 750
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 1  second degree, punishable as provided in section 775.082,

 2  section 775.083, or section 775.084, Florida Statutes.

 3         (4)(a)  A person, talent agency, or advance-fee talent

 4  service shall not:

 5         1.  Make, or cause to be made, any false, misleading,

 6  or deceptive advertisement or representation concerning the

 7  services the artist will receive or the costs the artist will

 8  incur.

 9         2.  Publish or cause to be published any false,

10  fraudulent, or misleading information, representation, notice,

11  or advertisement.

12         3.  Charge, collect, or receive compensation for any

13  service performed by the talent agency or advance-fee talent

14  service greater than the charge, fee, or compensation

15  specified in its schedule of maximum fees, charges, and

16  commissions.

17         4.  Advertise goods or services in a manner that is

18  fraudulent, false, deceptive, or misleading in form or

19  content.

20         5.  Permit, aid, assist, procure, or advise a person to

21  operate a talent agency or advance-fee talent service contrary

22  to this act.

23         6.  Fail to perform any statutory or legal obligation

24  required by law for a talent agency or advance-fee talent

25  service.

26         7.  Require the applicant or artist to subscribe to or

27  purchase any publication, postcard service, advertisement,

28  resume service, photography service, website service, or video

29  or audiotapes, or attend any school, acting school, workshop,

30  or acting class as a condition to performing services for an

31  applicant or artist.

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    Florida Senate - 2005                            CS for SB 750
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 1         8.  Charge or attempt to charge, directly or

 2  indirectly, an artist for creating or providing photographs,

 3  filmstrips, videotapes, audition tapes, demonstration reels,

 4  talent brochures, or other reproductions of the artist, or for

 5  providing costumes, lessons, coaching, or similar training for

 6  the artist.

 7         9.  Refer an artist to a person who charges the artist

 8  a fee for the services described in this act in which the

 9  talent agency or advance-fee talent service has a direct or

10  indirect financial interest.

11         10.  Accept any compensation for referring an artist to

12  a person charging the artist a fee for the services described

13  in this act.

14         11.  Knowingly issue a contract containing any term or

15  condition that, if complied with, would be in violation of

16  law.

17         12.  Knowingly send or influence an artist to go to a

18  prospective employer or place of business the character or

19  operation of which the talent agency or advance-fee talent

20  service knows to be in violation of the laws of the United

21  States or this state.

22         13.  Divide fees with anyone, including, but not

23  limited to, an agent or other employee of an employer, buyer,

24  casting director, producer, or director.

25         14.  Fail to maintain records required by this act or

26  knowingly making false entries in the records.

27         15.  Fail, either before or at the time of executing a

28  contract, to give the artist a copy of the signed or

29  authenticated contract listing the services to be provided; an

30  itemized schedule of maximum fees, charges, and commissions

31  that it intends to charge and collect for its services; a copy

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    Florida Senate - 2005                            CS for SB 750
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 1  of this act; a copy of a criminal background check; and a copy

 2  of a bond.

 3         16.  Charge a registration fee, except as permitted for

 4  advance-fee talent services.

 5         17.  Fail to notify an artist that there is a strike,

 6  lockout, or other labor dispute in active progress before

 7  sending the artist to an engagement.

 8         (b)  A person, talent agency, or advance-fee talent

 9  service that violates this subsection commits a misdemeanor of

10  the second degree, punishable as provided in section 775.082

11  or section 775.083, Florida Statutes.

12         Section 7.  Remedies.--

13         (1)(a)  If a state attorney believes there is probable

14  cause that a talent agency, advanced-fee talent service, or

15  other person has violated subsection (1), subsection (2), or

16  subsection (3) of section 6 of this act, the state attorney

17  may file a civil action in the circuit court to enjoin the

18  talent agency, advanced-fee talent service, or other person

19  from continuing the violation or doing any act in furtherance

20  thereof, and for such other relief as the court deems

21  appropriate.

22         (b)  A state attorney may file a civil action in

23  circuit court upon the sworn affidavit of a person alleging a

24  violation of this act. The court may grant a temporary or

25  permanent injunction restraining any talent agency,

26  advanced-fee talent service, or other person from violating

27  this act and the injunction shall issue without bond.

28         (2)(a)  If an artist or other person is injured by the

29  misconduct of a talent agency or advance-fee talent service,

30  the artist may file a civil action in his or her own name upon

31  

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    Florida Senate - 2005                            CS for SB 750
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 1  the bond of the talent agency or advance-fee talent service in

 2  any court having jurisdiction of the amount claimed.

 3         (b)  The artist or other person filing the complaint

 4  may bring the action for temporary or permanent injunctive

 5  relief and may seek other relief, including, but not limited

 6  to, restitution for damages, court costs, a civil penalty not

 7  to exceed $5,000 for each violation, treble damages for

 8  injured parties, and reasonable attorney's fees.

 9         (c)  Any claim made by an artist or other person is

10  assignable, and the assignee is entitled to the same remedies

11  upon the bond of the talent agency or advance-fee talent

12  service or otherwise as the artist or other person aggrieved

13  would be entitled to if the claim had not been assigned. A

14  claim so assigned may be enforced in the name of the assignee.

15         (3)  The remedies provided in this section are

16  cumulative and not exclusive of any other remedy provided by

17  law.

18         Section 8.  The regulation of talent agencies by the

19  Department of Business and Professional Regulation is

20  abolished. Any funds and balances associated with the

21  regulation of talent agencies remaining in the Professional

22  Regulation Trust Fund after July 1, 2005, shall be used to pay

23  any remaining expenses associated with this regulation. The

24  department shall rebate talent agency license fees, on a pro

25  rata basis, for the period beginning July 1, 2005, through the

26  period for which license fees have been paid. If the account

27  is in a deficit balance, the funds shall be provided from the

28  General Revenue Fund. Another profession regulated by the

29  Department of Business and Professional Regulation shall not

30  be assessed the cost of any refund. Any funds or balances

31  

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    Florida Senate - 2005                            CS for SB 750
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 1  remaining in the trust fund after January 1, 2006, shall be

 2  transferred to the General Revenue Fund.

 3         Section 9.  The Department of Business and Professional

 4  Regulation may continue to prosecute any legal proceedings and

 5  related administrative cases that are pending on July 1, 2005.

 6         Section 10.  This act shall take effect July 1, 2005.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                         Senate Bill 750

10                                 

11  The committee substitute(CS) amends the definition of "advance
    fee" to include money paid by the artist which exceeds the
12  earnings received by the artist.  THe CS also provides that
    the term "advance fee" does not include reimbursement for out
13  of pocket costs if the provided conditions are met.

14  The CS amends section 3 to decrease the bond requirement to
    $10,000, and provides that failure to obtain the bond is a
15  second degree misdemeanor.

16  The CS amends section 5 to require level 1 employment
    screening pursuant to s. 435.03, F.S., for employees or agents
17  of a talent agency or advance-fee talent service.  It also
    decreases from 14 to seven days the period within which a
18  talent agency must pay an artist money it has collected from
    an employer or buyer for the benefit of the artist.
19  
    The CS amends section 6 to prohibit a talent agency or
20  advance-fee talent service from sending an artist to a house
    of ill fame, a house or place of amusement for immoral
21  purposes, a place where prostitution is performed, or a place
    for modeling or photography of a minor in the nude.
22  
    Throughout the CS, the term "may not" is replaced with the
23  term "shall not" to conform to bill drafting conventions.

24  

25  

26  

27  

28  

29  

30  

31  

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