HB 0873

1
A bill to be entitled
2An act relating to talent agencies and advance-fee talent
3services; repealing part VII of ch. 468, F.S., relating to
4the regulation of talent agencies; providing definitions;
5requiring each talent agency and advance-fee talent
6service to obtain a surety bond for a specified amount;
7requiring each talent agency and advance-fee talent
8service to give each artist a copy of the bond; providing
9criminal penalties for failing to comply with the bonding
10requirements; requiring each talent agency and advance-fee
11talent service to maintain a permanent office during
12certain specified hours; directing that certain records,
13with specified information in them, be kept for each
14artist; requiring that records be maintained for a
15specified period; directing that all records of a talent
16agency and advance-fee talent service be open to the
17inspection of a state attorney; requiring that the talent
18agency or advance-fee talent service give the state
19attorney a copy of the records when so requested;
20providing criminal penalties if the talent agency or
21advance-fee talent service fails or refuses to disclose
22information to a state attorney; providing criminal
23penalties for failing to comply with the requirements
24pertaining to records; directing a talent agency or
25advance-fee talent service to post an itemized schedule of
26maximum fees, charges, or commissions that it intends to
27charge and collect for its services; providing for the
28location for posting of the schedule; providing criminal
29penalties for failing to post the fee schedule; requiring
30that an artist and a talent agency or advance-fee talent
31service enter into a written contract when such entity
32agrees to perform services for the artist; providing an
33exception under specified circumstances; providing for the
34content of the written contract; requiring that a talent
35agency or advance-fee talent service provide each artist
36with a copy of the contract; requiring any person who
37holds himself or herself out as an employee or agent of a
38talent agency or advance-fee talent service to meet level
391 screening requirements; directing that a talent agency
40or advance-fee talent service provide each artist with a
41copy of the level 1 screening; requiring that the
42screening be completed within a specified period;
43directing that all money collected by a talent agency from
44an employer or buyer be paid to the artist within a
45specified period; providing that a contract is voidable
46under certain circumstances; permitting an artist to
47cancel a contract by giving written notice of the
48cancellation to the talent agency or advance-fee talent
49service within a specified period; prohibiting an artist
50from waiving the right to cancel a contract; providing the
51way in which a talent agency or advance-fee talent service
52must refund money to an artist; providing criminal
53penalties for violating provisions relating to
54contracting; specifying certain prohibited acts by a
55talent agency or advance-fee talent service; providing
56criminal penalties for failure to comply; providing for
57certain specified civil remedies for violations of the
58act; removing the authority of the Department of Business
59and Professional Regulation to regulate talent agencies;
60providing for the use of certain funds after the effective
61date of the act; requiring the department to rebate talent
62agency license fees; authorizing the department to
63continue to prosecute any legal proceedings and related
64administrative cases that are pending on the effective
65date of the act; providing an effective date.
66
67Be It Enacted by the Legislature of the State of Florida:
68
69     Section 1.  Part VII of chapter 468, Florida Statutes,
70consisting of sections 468.401, 468.402, 468.403, 468.404,
71468.405, 468.406, 468.407, 468.408, 468.409, 468.410, 468.411,
72468.412, 468.413, 468.414, and 468.415, is repealed.
73     Section 2.  Definitions.--As used in sections 2 through 7
74of this act, the term:
75     (1)  "Advance-fee talent service" means a service practiced
76by a person or business entity, or the person's or business
77entity's employees or authorized agents, which charges, attempts
78to charge, or receives an advance fee from an artist for the
79purpose of promoting, but not procuring, the employment or
80engagement of the artist. Promoting the employment or engagement
81of an artist includes, but is not limited to, the following
82activities:
83     (a)  Promoting or advertising an artist to a casting
84director, talent agency, talent manager, or any other person
85represented to be in a position to offer assistance in procuring
86engagements or employment for the artist.
87     (b)  Promoting or advertising an artist by using the
88Internet, trade publications, or other media.
89     (c)  Registering or listing an artist for employment in the
90entertainment industry or as a customer of the advance-fee
91talent service.
92     (d)  Managing, directing, developing, or advancing the
93artist's career.
94     (e)  Preparing the artist for employment through career
95counseling or consulting, vocational guidance, aptitude testing,
96or evaluation.
97     (2)  "Advance fee" means a fee that is due from or paid by
98an artist before the artist obtains employment as an artist or
99before the artist receives earnings as an artist. An advance fee
100also includes money received by the artist which exceeds the
101earnings received by the artist.
102     (a)  An advance fee does not include reimbursement for out-
103of-pocket costs actually incurred by an advance-fee talent
104service on behalf of the artist when paying for services
105rendered or goods provided to the artist by an independent third
106party unless all of the following conditions are met:
107     1.  The advance-fee talent service does not have a direct
108or an indirect financial interest in the third party.
109     2.  The advance-fee talent service does not accept a
110referral fee or other consideration from the third party.
111     3.  The services rendered or goods provided for the out-of-
112pocket costs are not represented to be, and are not, a condition
113for the advance-fee talent service to register or list the
114artist with the advance-fee talent service.
115     4.  The advance-fee talent service maintains adequate
116records documenting that any amount to be reimbursed to the
117advance-fee talent service was actually advanced or owed to a
118third party, that the third party is not a person in which the
119advance-fee talent service has a direct or indirect financial
120interest, and that the advance-fee talent service did not
121receive any consideration for referring the artist.
122     (b)  The burden of producing evidence to support a defense
123based upon an exemption or an exception provided in paragraph
124(a) is on the advance-fee talent service claiming the exemption
125or exception.
126     (3)  "Artist" means a person who seeks to become or is an
127actor, actress, director, writer, cinematographer, composer,
128lyricist, arranger, model, extra, or other person rendering
129professional services on the legitimate stage or in the
130production of motion pictures, radio productions, musicals,
131television productions, print advertisements, or other
132entertainment enterprises.
133     (4)  "Buyer" or "employer" means a person, company,
134partnership, corporation, or other business entity that uses the
135services of a talent agency or advance-fee talent service.
136     (5)  "Compensation" means any one or more of the following:
137     (a)  Money or other valuable consideration paid or promised
138to be paid for services rendered by an individual conducting the
139business of a talent agency or an advance-fee talent service;
140     (b)  Money received by a person in excess of that which has
141been paid by the person for transportation, transfer of baggage,
142or board and lodging for an applicant for employment; or
143     (c)  The difference between the amount of money received by
144a person who furnishes employees, performers, or entertainers
145for circus, vaudeville, theatrical, or other entertainments,
146exhibitions, engagements, or performances and the amount paid by
147the person to an employee, performer, or entertainer.
148     (6)  "Divided fee" means the process by which, without
149written contractual approval of the artist, any two or more
150persons receive compensation for performing services for an
151artist and the total compensation paid to these persons exceeds
152the compensation that would have been paid to only one person
153acting on behalf of the artist.
154     (7)  "Engagement" means any employment or placement of an
155artist during which the artist performs in his or her artistic
156capacity. The term does not apply to procuring opera, music,
157theater, or dance engagements for any nonprofit organization
158defined in s. 501(c)(3) of the Internal Revenue Code or any
159nonprofit arts organization in this state which has received a
160grant from the Division of Cultural Affairs of the Department of
161State or has participated in the state touring program of the
162Division of Cultural Affairs.
163     (8)  "Operator" means the person who is or who will be in
164actual charge of a talent agency or an advance-fee talent
165service.
166     (9)  "Owner" means a partner in a partnership, member of a
167firm, or one or more principal officers of a corporation whose
168partnership, firm, or corporation owns a talent agency or an
169advance-fee talent service, or an individual who is the sole
170owner of a talent agency or an advance-fee talent service.
171     (10)  "Talent agency" or "agency" means a business entity
172or person who, for compensation, engages in the occupation or
173business of procuring or attempting to procure engagements for
174an artist and includes the agency's employees and authorized
175agents.
176     Section 3.  Bond required.--
177     (1)  Each talent agency or advance-fee talent service shall
178obtain a bond in the form of a surety by a reputable company
179engaged in the bonding business which is authorized to do
180business in this state. The bond must be for the penal sum of
181not less than $10,000 and be conditioned on the talent agency or
182advance-fee talent service conforming to and not violating any
183duty, term, condition, provision, or requirement of this act.
184     (2)  A talent agency or advance-fee talent service must
185provide the artist with a copy of the bond.
186     (3)  If a person fails to maintain a bond according to this
187section, the person commits a misdemeanor of the second degree,
188punishable as provided in section 775.082 or section 775.083,
189Florida Statutes.
190     Section 4.  Office and records.--
191     (1)  A talent agency or advance-fee talent service must
192maintain a permanent office and must maintain regular operating
193hours at that office. The office shall not be located on or
194within any property where intoxicating liquor is sold, where
195gambling is permitted, or where acts of prostitution are
196committed.
197     (2)  A talent agency or advance-fee talent service must
198keep on file the application, registration, and fully executed
199contract of each artist that the talent agency or advance-fee
200talent service represents. The artist file of a talent agency
201must also include the total amount of compensation received by
202the artist, the amount of compensation received by the artist
203for each performance, and documentation of all attempts made by
204the talent agency to procure engagements for the artist. The
205artist file of an advance-fee talent service must also include
206documentation of all attempts to promote or advertise the
207artist.
208     (3)  A talent agency or advance-fee talent service shall
209not knowingly make a false entry in an applicant's file or
210receipt file.
211     (4)  Each document in the file must be preserved for a
212period of not less than 5 years after the date of the last entry
213entered into the file.
214     (5)(a)  All books, records, and other papers kept under
215this act by a talent agency or advance-fee talent service must
216be open to the inspection of a state attorney, or the state
217attorney's authorized agent, at any reasonable hour. The talent
218agency or advance-fee talent service must give the state
219attorney a true copy of the books, records, and papers, or any
220portion thereof, when so requested.
221     (b)  A person may not refuse to disclose any information
222within his or her knowledge as required by this subsection, or
223fail or refuse to produce any document, book, or record for
224inspection which is in his or her possession, to a state
225attorney or the state attorney's authorized agent.
226     (c)  If a person fails or refuses to disclose information
227to a state attorney as required by this subsection, the person
228commits a misdemeanor of the second degree, punishable as
229provided in section 775.082 or section 775.083, Florida
230Statutes.
231     (6)  A talent agency must maintain records that contain all
232of the following information or documents:
233     (a)  The name and current address of each artist employing
234the talent agency.
235     (b)  The amount of commissions the talent agency has
236received from each artist.
237     (c)  A record sheet for each engagement obtained by the
238talent agency. The record sheet is the only record required to
239show engagements. The record sheet must be kept in the artist's
240file for a period of not less than 5 years after the date of the
241last record sheet that was posted in the artist's file.
242     (d)  The engagement the artist was performing in at the
243time the artist was retained by the talent agency. The documents
244must include the amount of compensation received by the artist
245from this engagement.
246     (e)  The engagements the talent agency procured for the
247artist after the artist and talent agency entered into a
248contract. The documents must include the amount of compensation
249received by the artist from the engagements obtained for the
250artist during the life of the contract.
251     (7)  An advance-fee talent service must maintain records
252that contain all of the following information or documents:
253     (a)  The name and current address of each artist employing
254the advance-fee talent service.
255     (b)  The amount of the advance fees paid by or for the
256artist during the term of the contract with the advance-fee
257talent service.
258     (c)  A record of all efforts made in promoting the artist.
259A record of each effort to promote the artist must be maintained
260in the artist's file for a period of not less than 5 years after
261the effort to promote the artist was made.
262     (8)(a)  If a person fails to maintain a permanent office
263and keep regular hours at that office, fails to maintain records
264and files as required by this section, or knowingly makes false
265entries in an artist's files, the person commits a misdemeanor
266of the second degree, punishable as provided in section 775.082
267or section 775.083, Florida Statutes.
268     (b)  If a person establishes or keeps an office where
269intoxicating liquor is sold, where gambling is permitted, or
270where acts of prostitution are committed, the person commits a
271felony of the second degree, punishable as provided in section
272775.082, section 775.083, or section 775.084, Florida Statutes.
273     Section 5.  Contracts and fees.--
274     (1)(a)  A talent agency or advance-fee talent service shall
275post an itemized schedule of maximum fees, charges, or
276commissions that it intends to charge and collect for its
277services. The schedule must be posted in a conspicuous place in
278each place of business. The schedule must be printed in not less
279than 30-point boldfaced type.
280     (b)  A talent agency that uses a written contract
281containing a schedule of its maximum fees, charges, and
282commissions is not required to post the schedule.
283     (c)  If a person fails to post in a conspicuous place a
284schedule of the itemized fees, charges, and commissions, if
285required, the person commits a misdemeanor of the second degree,
286punishable as provided in section 775.082 or section 775.083,
287Florida Statutes.
288     (2)  An artist and a talent agency or advance-fee talent
289service must enter into a written contract when the parties
290agree that a talent agency or advance-fee talent service shall
291perform services for the artist. If the circumstances of the
292arrangement between the artist and the talent agency or advance-
293fee talent service prevent the execution of a contract before
294the artist performs, the artist and the talent agency or
295advance-fee talent service must execute the contract no later
296than 7 days after the first performance.
297     (3)  The contract must incorporate the full agreement
298between the artist and the talent agency or advance-fee talent
299service, be contained in a single document, and include the
300elements set forth in this section.
301     (4)  Each contract between an artist and an advance-fee
302talent service must contain all of the following provisions:
303     (a)  A description of the specific services to be performed
304by the advance-fee talent service, the duration of the contract,
305and the refund provisions if the services are not provided
306according to the contract.
307     (b)  A statement of the fees that the advance-fee talent
308service will charge to or collect from the artist receiving the
309services and the date or dates when the artist must pay the
310fees.
311     (c)  The following statement, in type no smaller than 10-
312point boldfaced type and in close proximity to the artist's
313signature, must be included in each advance-fee talent service
314contract:
315
RIGHT TO REFUND
316
317If you pay in advance all or any portion of a fee
318charged to you by (name of advance-fee talent service)
319and you fail to receive the services promised to you
320or that you were led to believe would be performed,
321(name of advance-fee talent service) shall, upon your
322request, return the full amount paid by you within 48
323hours after your request for a refund. If the refund
324is not made within 48 hours, (name of advance-fee
325talent service) shall also pay to you, in addition to
326the refund due to you, a sum equal to the amount of
327the refund.
328
329
YOUR RIGHT TO CANCEL (enter date of transaction)
330
331You may cancel this contract for advance-fee talent
332services without any penalty or obligation if you give
333notice of the cancellation, in writing, no later than
33414 days after the date of the transaction stated
335above. If you wish to cancel the contract, you must
336mail or deliver a signed and dated copy of the
337following cancellation notice, another written
338document notifying the advance-fee talent service that
339you intend to cancel the contract, or send a telegram,
340fax, or e-mail notifying the advance-fee talent
341service that you intend to cancel the contract, to
342(name of advance-fee talent service) at (address of
343its place of business) NOT LATER THAN MIDNIGHT AFTER
344(enter the date).
345
346ONLY A TALENT AGENCY MAY ENGAGE IN THE OCCUPATION OF
347PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO
348PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST.
349
350
CANCELLATION NOTICE
351
352
353I hereby cancel this contract.
354
355Dated:
356
357________________________________________
358Artist Signature.
359
360     (5)  A talent agency or advance-fee talent service must
361give each artist a copy of the signed or authenticated contract
362listing the services to be provided and the fees, charges, or
363commissions to be charged at the time the contract is signed.
364     (6)  A talent agency or advance-fee talent service must
365give each artist a copy of this act at the time the contract is
366signed.
367     (7)(a)  Pursuant to chapter 435, Florida Statutes, any
368person who holds himself or herself out as an employee or agent
369of a talent agency or advance-fee talent service must meet level
3701 screening requirements as described in section 435.03, Florida
371Statutes.
372     (b)  Each talent agency and advance-fee talent service must
373give the artist a copy of the level 1 screening for each owner
374and operator of the talent agency or advance-fee talent service
375before executing a contract with an artist. The level 1
376screening must have been completed within the previous 12
377months.
378     (8)(a)  All money collected by a talent agency from an
379employer or buyer for the benefit of an artist must be paid to
380the artist within 7 business days after receiving the money from
381the employer. The talent agency may reduce the amount paid to
382the artist by the talent agency's commission.
383     (b)  A talent agency is not required to pay money to an
384artist until the talent agency receives payment from the
385employer or buyer.
386     (9)  A contract entered into by a talent agency or advance-
387fee talent service which does not conform to this act is
388voidable by the artist. If an artist voids a contract with a
389talent agency or advance-fee talent service, the artist is not
390required to pay or return any consideration received from the
391talent agency or advance-fee talent service to induce the artist
392to enter into the contract.
393     (10)  An artist may cancel a contract with a talent agency
394or advance-fee talent service by giving written notice of the
395cancellation to the talent agency or advance-fee talent service
396no later than 14 days after the date of transaction. If an
397artist cancels a contract, the artist is not required to pay or
398return any consideration received from the talent agency or
399advance-fee talent service to induce the artist to enter into
400the contract.
401     (11)  An artist shall not waive the right to cancel a
402contract with a talent agency or advance-fee talent service as
403provided in this act. Any attempt by a talent agency or advance-
404fee talent service to induce an artist to waive the artist's
405right to cancel the contract is a violation of this act.
406     (12)(a)  If an artist gives consideration to a talent
407agency to be used for expenses to obtain a specific engagement
408or employment and the talent agency fails to procure the
409specific engagement or employment for the artist, the talent
410agency shall, upon the artist's demand, repay all consideration
411paid by the artist.
412     (b)  The talent agency must refund the consideration to the
413artist no later than 48 hours after receiving the demand from
414the artist. If the talent agency does not refund the artist
415within the prescribed time period, the talent agency must pay
416the artist a penalty that is equal to the amount of all
417consideration paid to the talent agency.
418     (13)  An advance-fee talent service must refund fees as
419follows:
420     (a)  If the artist does not receive the services promised
421or the services the artist was led to believe would be
422performed, the advance-fee talent service must, upon the
423artist's demand, refund the artist any fees collected by the
424advance-fee talent service for those services. The advance-fee
425talent service must make the refund to the artist no later than
42648 hours after the artist demands the refund. If the advance-fee
427talent service does not refund the artist within the prescribed
428time period, the advance-fee talent service must pay the artist
429a penalty that is equal to the amount of all fees paid to the
430advance-fee talent service.
431     (b)  If an artist cancels the contract, the advance-fee
432talent service must refund in full all fees paid by the artist.
433The advance-fee talent service must refund the fees no later
434than 14 days after the artist cancels the contract. If the
435advance-fee talent service does not refund the artist within the
436prescribed time period, the advance-fee talent service must pay
437the artist a penalty that is equal to the amount of all fees
438paid to the advance-fee talent service.
439     (14)  A talent agency or advance-fee talent service that
440violates any provision of this section commits a misdemeanor of
441the second degree, punishable as provided in section 775.082 or
442section 775.083, Florida Statutes.
443     Section 6.  Prohibitions and penalties.--
444     (1)(a)  A person, business entity, talent agency, or
445advance-fee talent service shall not accept an advance fee for
446procuring, offering, promising, or attempting to procure
447employment or engagements for an artist.
448     (b)  A person, business entity, talent agency, or advance-
449fee talent service that violates this subsection commits a
450felony of the second degree, punishable as provided in section
451775.082, section 775.083, or section 775.084, Florida Statutes.
452     (2)(a)  An advance-fee talent service shall not make any
453false statement, representation, promise, or implication by its
454choice of name that it is a talent agency. An advance-fee talent
455service shall not state, promise, or represent that it will
456procure, or attempt to procure, employment or engagements for
457the artist.
458     (b)  A person or advance-fee talent service that violates
459this subsection commits a felony of the second degree,
460punishable as provided in section 775.082, section 775.083, or
461section 775.084, Florida Statutes.
462     (3)(a)  A person, talent agency, or advance-fee talent
463service, or an owner, operator, employee, or agent of a talent
464agency or advance-fee talent service, shall not:
465     1.  Give an artist false information, make a false promise
466or misrepresentation concerning any engagement or employment, or
467make a false or misleading verbal or written promise or
468guarantee of any engagement as an artist.
469     2.  Print, publish, distribute, or cause, authorize, or
470knowingly permit the making, printing, publication, or
471distribution of any false statement, description, or promise
472that would reasonably induce a person to act to his or her
473damage or injury.
474     3.  Knowingly commit, or be a party to, any material fraud,
475misrepresentation, concealment, conspiracy, collusion, trick,
476scheme, or device whereby any other person lawfully relying upon
477the work, representation, or conduct of the talent agency or
478advance-fee talent service acts or has acted to his or her
479injury or damage.
480     4.  Commit fraud or deceit in the operation of a talent
481agency or advance-fee talent service.
482     5.  Conspire with another talent agency or advance-fee
483talent service or with another person to commit an act that
484coerces, intimidates, or precludes another talent agency or
485advance-fee talent service from advertising its services.
486     6.  Solicit business, either personally or through any
487other person, using fraud, deception, or misleading statements
488or through the exercise of intimidation or undue influence.
489     7.  Exercise undue influence on the artist in order to
490exploit the artist for the financial gain of the talent agency,
491advance-fee talent service, or a third party.
492     8.  Commit sexual misconduct with an artist. An owner,
493operator, employee, or agent of the talent agency or advance-fee
494talent service shall not use the artist-agent relationship to
495induce or attempt to induce the artist to engage or attempt to
496engage in sexual activity.
497     9.  Employ an employee, agent, owner, operator, or other
498person with a financial interest who has been convicted of
499sexual battery, lewd acts, or other sexual misconduct proscribed
500in chapter 800, Florida Statutes, or in section 794.011, section
501827.071, section 847.012, section 847.0125, section 847.013,
502section 847.0133, or section 847.0145, Florida Statutes.
503     10.a.  Send, or cause to send, an artist to a house of ill
504fame, a house or place of amusement for immoral purposes, a
505place where prostitution is performed, or a place for the
506modeling or photographing of a minor in the nude, the character
507of which could have been ascertained upon reasonable inquiry by
508the talent agency or advance-fee talent service.
509     b.  For the purposes of this paragraph, the term "modeling
510or photographing of a minor in the nude" means the visual
511display of the buttocks, genitals, or female breast, areolae, or
512nipples of a person younger than 18 years of age.
513     c.  This subparagraph does not apply if both parents or the
514legal guardian of the minor are fully advised of the intended
515activity and both parents or the guardian execute a written
516consent for the visual display of their child or ward.
517     (b)  A person, talent agency, or advance-fee talent service
518that violates this subsection commits a felony of the second
519degree, punishable as provided in section 775.082, section
520775.083, or section 775.084, Florida Statutes.
521     (4)(a)  A person, talent agency, or advance-fee talent
522service shall not:
523     1.  Make, or cause to be made, any false, misleading, or
524deceptive advertisement or representation concerning the
525services the artist will receive or the costs the artist will
526incur.
527     2.  Publish or cause to be published any false, fraudulent,
528or misleading information, representation, notice, or
529advertisement.
530     3.  Charge, collect, or receive compensation for any
531service performed by the talent agency or advance-fee talent
532service greater than the charge, fee, or compensation specified
533in its schedule of maximum fees, charges, and commissions.
534     4.  Advertise goods or services in a manner that is
535fraudulent, false, deceptive, or misleading in form or content.
536     5.  Permit, aid, assist, procure, or advise a person to
537operate a talent agency or advance-fee talent service contrary
538to this act.
539     6.  Fail to perform any statutory or legal obligation
540required by law for a talent agency or advance-fee talent
541service.
542     7.  Require the applicant or artist to subscribe to or
543purchase any publication, postcard service, advertisement,
544resume service, photography service, website service, or video
545or audiotapes, or attend any school, acting school, workshop, or
546acting class as a condition to performing services for an
547applicant or artist.
548     8.  Charge or attempt to charge, directly or indirectly, an
549artist for creating or providing photographs, filmstrips,
550videotapes, audition tapes, demonstration reels, talent
551brochures, or other reproductions of the artist, or for
552providing costumes, lessons, coaching, or similar training for
553the artist.
554     9.  Refer an artist to a person who charges the artist a
555fee for the services described in this act in which the talent
556agency or advance-fee talent service has a direct or indirect
557financial interest.
558     10.  Accept any compensation for referring an artist to a
559person charging the artist a fee for the services described in
560this act.
561     11.  Knowingly issue a contract containing any term or
562condition that, if complied with, would be in violation of law.
563     12.  Knowingly send or influence an artist to go to a
564prospective employer or place of business the character or
565operation of which the talent agency or advance-fee talent
566service knows to be in violation of the laws of the United
567States or this state.
568     13.  Divide fees with anyone, including, but not limited
569to, an agent or other employee of an employer, buyer, casting
570director, producer, or director.
571     14.  Fail to maintain records required by this act or
572knowingly making false entries in the records.
573     15.  Fail, either before or at the time of executing a
574contract, to give the artist a copy of the signed or
575authenticated contract listing the services to be provided; an
576itemized schedule of maximum fees, charges, and commissions that
577it intends to charge and collect for its services; a copy of
578this act; a copy of a criminal background check; and a copy of a
579bond.
580     16.  Charge a registration fee, except as permitted for
581advance-fee talent services.
582     17.  Fail to notify an artist that there is a strike,
583lockout, or other labor dispute in active progress before
584sending the artist to an engagement.
585     (b)  A person, talent agency, or advance-fee talent service
586that violates this subsection commits a misdemeanor of the
587second degree, punishable as provided in section 775.082 or
588section 775.083, Florida Statutes.
589     Section 7.  Remedies.--
590     (1)(a)  If a state attorney believes there is probable
591cause that a talent agency, advanced-fee talent service, or
592other person has violated subsection (1), subsection (2), or
593subsection (3) of section 6 of this act, the state attorney may
594file a civil action in the circuit court to enjoin the talent
595agency, advanced-fee talent service, or other person from
596continuing the violation or doing any act in furtherance
597thereof, and for such other relief as the court deems
598appropriate.
599     (b)  A state attorney may file a civil action in circuit
600court upon the sworn affidavit of a person alleging a violation
601of this act. The court may grant a temporary or permanent
602injunction restraining any talent agency, advanced-fee talent
603service, or other person from violating this act and the
604injunction shall issue without bond.
605     (2)(a)  If an artist or other person is injured by the
606misconduct of a talent agency or advance-fee talent service, the
607artist may file a civil action in his or her own name upon the
608bond of the talent agency or advance-fee talent service in any
609court having jurisdiction of the amount claimed.
610     (b)  The artist or other person filing the complaint may
611bring the action for temporary or permanent injunctive relief
612and may seek other relief, including, but not limited to,
613restitution for damages, court costs, a civil penalty not to
614exceed $5,000 for each violation, treble damages for injured
615parties, and reasonable attorney's fees.
616     (c)  Any claim made by an artist or other person is
617assignable, and the assignee is entitled to the same remedies
618upon the bond of the talent agency or advance-fee talent service
619or otherwise as the artist or other person aggrieved would be
620entitled to if the claim had not been assigned. A claim so
621assigned may be enforced in the name of the assignee.
622     (3)  The remedies provided in this section are cumulative
623and not exclusive of any other remedy provided by law.
624     Section 8.  The regulation of talent agencies by the
625Department of Business and Professional Regulation is abolished.
626Any funds and balances associated with the regulation of talent
627agencies remaining in the Professional Regulation Trust Fund
628after July 1, 2005, shall be used to pay any remaining expenses
629associated with this regulation. The department shall rebate
630talent agency license fees, on a pro rata basis, for the period
631beginning July 1, 2005, through the period for which license
632fees have been paid. If the account is in a deficit balance, the
633funds shall be provided from the General Revenue Fund. Another
634profession regulated by the Department of Business and
635Professional Regulation shall not be assessed the cost of any
636refund. Any funds or balances remaining in the trust fund after
637January 1, 2006, shall be transferred to the General Revenue
638Fund.
639     Section 9.  The Department of Business and Professional
640Regulation may continue to prosecute any legal proceedings and
641related administrative cases that are pending on July 1, 2005.
642     Section 10.  This act shall take effect July 1, 2005.


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