HB 0873CS

CHAMBER ACTION



1The Business Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to talent agencies and advance-fee talent
7services; repealing part VII of ch. 468, F.S., relating to
8the regulation of talent agencies; providing definitions;
9requiring each talent agency and advance-fee talent
10service to obtain a surety bond for a specified amount;
11requiring each talent agency and advance-fee talent
12service to give each artist a copy of the bond; providing
13criminal penalties for failing to comply with the bonding
14requirements; requiring each talent agency and advance-fee
15talent service to maintain a permanent office during
16certain specified hours; directing that certain records,
17with specified information in them, be kept for each
18artist; requiring that records be maintained for a
19specified period; directing that all records of a talent
20agency and advance-fee talent service be open to the
21inspection of a state attorney; requiring that the talent
22agency or advance-fee talent service give the state
23attorney a copy of the records when so requested;
24providing criminal penalties if the talent agency or
25advance-fee talent service fails or refuses to disclose
26information to a state attorney; providing criminal
27penalties for failing to comply with the requirements
28pertaining to records; directing a talent agency or
29advance-fee talent service to post an itemized schedule of
30maximum fees, charges, or commissions that it intends to
31charge and collect for its services; providing for the
32location for posting of the schedule; providing criminal
33penalties for failing to post the fee schedule; requiring
34that an artist and a talent agency or advance-fee talent
35service enter into a written contract when such entity
36agrees to perform services for the artist; providing an
37exception under specified circumstances; providing for the
38content of the written contract; requiring that a talent
39agency or advance-fee talent service provide each artist
40with a copy of the contract; requiring any person who
41holds himself or herself out as an employee or agent of a
42talent agency or advance-fee talent service to meet level
431 screening requirements; directing that a talent agency
44or advance-fee talent service provide each artist with a
45copy of the level 1 screening; requiring that the
46screening be completed within a specified period;
47directing that all money collected by a talent agency from
48an employer or buyer be paid to the artist within a
49specified period; providing that a contract is voidable
50under certain circumstances; permitting an artist to
51cancel a contract by giving written notice of the
52cancellation to the talent agency or advance-fee talent
53service within a specified period; prohibiting an artist
54from waiving the right to cancel a contract; providing the
55way in which a talent agency or advance-fee talent service
56must refund money to an artist; providing criminal
57penalties for violating provisions relating to
58contracting; specifying certain prohibited acts by a
59talent agency or advance-fee talent service; providing
60criminal penalties for failure to comply; providing for
61certain specified civil remedies for violations of the
62act; removing the authority of the Department of Business
63and Professional Regulation to regulate talent agencies;
64providing for the use of certain funds after the effective
65date of the act; requiring the department to rebate talent
66agency license fees; authorizing the department to
67continue to prosecute any legal proceedings and related
68administrative cases that are pending on the effective
69date of the act; providing an effective date.
70
71Be It Enacted by the Legislature of the State of Florida:
72
73     Section 1.  Part VII of chapter 468, Florida Statutes,
74consisting of sections 468.401, 468.402, 468.403, 468.404,
75468.405, 468.406, 468.407, 468.408, 468.409, 468.410, 468.411,
76468.412, 468.413, 468.414, and 468.415, is repealed.
77     Section 2.  Definitions.--As used in sections 2 through 7
78of this act, the term:
79     (1)  "Advance-fee talent service" means a service practiced
80by a person or business entity, or the person's or business
81entity's employees or authorized agents, which charges, attempts
82to charge, or receives an advance fee from an artist for the
83purpose of promoting, but not procuring, the employment or
84engagement of the artist. Promoting the employment or engagement
85of an artist includes, but is not limited to, the following
86activities:
87     (a)  Promoting or advertising an artist to a casting
88director, talent agency, talent manager, or any other person
89represented to be in a position to offer assistance in procuring
90engagements or employment for the artist.
91     (b)  Promoting or advertising an artist by using the
92Internet, trade publications, or other media.
93     (c)  Registering or listing an artist for employment in the
94entertainment industry or as a customer of the advance-fee
95talent service.
96     (d)  Managing, directing, developing, or advancing the
97artist's career.
98     (e)  Preparing the artist for employment through career
99counseling or consulting, vocational guidance, aptitude testing,
100or evaluation.
101     (2)  "Advance fee" means a fee that is due from or paid by
102an artist before the artist obtains employment as an artist or
103before the artist receives earnings as an artist. An advance fee
104also includes money received by the artist which exceeds the
105earnings received by the artist.
106     (a)  An advance fee does not include reimbursement for out-
107of-pocket costs actually incurred by an advance-fee talent
108service on behalf of the artist when paying for services
109rendered or goods provided to the artist by an independent third
110party unless all of the following conditions are met:
111     1.  The advance-fee talent service does not have a direct
112or an indirect financial interest in the third party.
113     2.  The advance-fee talent service does not accept a
114referral fee or other consideration from the third party.
115     3.  The services rendered or goods provided for the out-of-
116pocket costs are not represented to be, and are not, a condition
117for the advance-fee talent service to register or list the
118artist with the advance-fee talent service.
119     4.  The advance-fee talent service maintains adequate
120records documenting that any amount to be reimbursed to the
121advance-fee talent service was actually advanced or owed to a
122third party, that the third party is not a person in which the
123advance-fee talent service has a direct or indirect financial
124interest, and that the advance-fee talent service did not
125receive any consideration for referring the artist.
126     (b)  The burden of producing evidence to support a defense
127based upon an exemption or an exception provided in paragraph
128(a) is on the advance-fee talent service claiming the exemption
129or exception.
130     (3)  "Artist" means a person who seeks to become or is an
131actor, actress, director, writer, cinematographer, composer,
132lyricist, arranger, model, extra, or other person rendering
133professional services on the legitimate stage or in the
134production of motion pictures, radio productions, musicals,
135television productions, print advertisements, or other
136entertainment enterprises.
137     (4)  "Buyer" or "employer" means a person, company,
138partnership, corporation, or other business entity that uses the
139services of a talent agency or advance-fee talent service.
140     (5)  "Compensation" means any one or more of the following:
141     (a)  Money or other valuable consideration paid or promised
142to be paid for services rendered by an individual conducting the
143business of a talent agency or an advance-fee talent service;
144     (b)  Money received by a person in excess of that which has
145been paid by the person for transportation, transfer of baggage,
146or board and lodging for an applicant for employment; or
147     (c)  The difference between the amount of money received by
148a person who furnishes employees, performers, or entertainers
149for circus, vaudeville, theatrical, or other entertainments,
150exhibitions, engagements, or performances and the amount paid by
151the person to an employee, performer, or entertainer.
152     (6)  "Divided fee" means the process by which, without
153written contractual approval of the artist, any two or more
154persons receive compensation for performing services for an
155artist and the total compensation paid to these persons exceeds
156the compensation that would have been paid to only one person
157acting on behalf of the artist.
158     (7)  "Engagement" means any employment or placement of an
159artist during which the artist performs in his or her artistic
160capacity. The term does not apply to procuring opera, music,
161theater, or dance engagements for any nonprofit organization
162defined in s. 501(c)(3) of the Internal Revenue Code or any
163nonprofit arts organization in this state which has received a
164grant from the Division of Cultural Affairs of the Department of
165State or has participated in the state touring program of the
166Division of Cultural Affairs.
167     (8)  "Operator" means the person who is or who will be in
168actual charge of a talent agency or an advance-fee talent
169service.
170     (9)  "Owner" means a partner in a partnership, member of a
171firm, or one or more principal officers of a corporation whose
172partnership, firm, or corporation owns a talent agency or an
173advance-fee talent service, or an individual who is the sole
174owner of a talent agency or an advance-fee talent service.
175     (10)  "Talent agency" or "agency" means a business entity
176or person who, for compensation, engages in the occupation or
177business of procuring or attempting to procure engagements for
178an artist and includes the agency's employees and authorized
179agents.
180     Section 3.  Bond required.--
181     (1)  Each talent agency or advance-fee talent service shall
182obtain a bond in the form of a surety by a reputable company
183engaged in the bonding business which is authorized to do
184business in this state. The bond must be for the penal sum of
185not less than $10,000 and be conditioned on the talent agency or
186advance-fee talent service conforming to and not violating any
187duty, term, condition, provision, or requirement of this act.
188     (2)  A talent agency or advance-fee talent service must
189provide the artist with a copy of the bond.
190     (3)  If a person fails to obtain or maintain a bond
191according to this section, the person commits a misdemeanor of
192the second degree, punishable as provided in section 775.082 or
193section 775.083, Florida Statutes.
194     Section 4.  Office and records.--
195     (1)  A talent agency or advance-fee talent service must
196maintain a permanent office and must maintain regular operating
197hours at that office. The office shall not be located on or
198within any property where intoxicating liquor is sold, where
199gambling is permitted, or where acts of prostitution are
200committed.
201     (2)  A talent agency or advance-fee talent service must
202keep on file the application, registration, and fully executed
203contract of each artist that the talent agency or advance-fee
204talent service represents. The artist file of a talent agency
205must also include the total amount of compensation received by
206the artist, the amount of compensation received by the artist
207for each performance, and documentation of all attempts made by
208the talent agency to procure engagements for the artist. The
209artist file of an advance-fee talent service must also include
210documentation of all attempts to promote or advertise the
211artist.
212     (3)  A talent agency or advance-fee talent service shall
213not knowingly make a false entry in an applicant's file or
214receipt file.
215     (4)  Each document in the file must be preserved for a
216period of not less than 5 years after the date of the last entry
217entered into the file.
218     (5)(a)  All books, records, and other papers kept under
219this act by a talent agency or advance-fee talent service must
220be open to the inspection of a state attorney, or the state
221attorney's authorized agent, at any reasonable hour. The talent
222agency or advance-fee talent service must give the state
223attorney a true copy of the books, records, and papers, or any
224portion thereof, when so requested.
225     (b)  A person may not refuse to disclose any information
226within his or her knowledge as required by this subsection, or
227fail or refuse to produce any document, book, or record for
228inspection which is in his or her possession, to a state
229attorney or the state attorney's authorized agent.
230     (c)  If a person fails or refuses to disclose information
231to a state attorney as required by this subsection, the person
232commits a misdemeanor of the second degree, punishable as
233provided in section 775.082 or section 775.083, Florida
234Statutes.
235     (6)  A talent agency must maintain records that contain all
236of the following information or documents:
237     (a)  The name and current address of each artist employing
238the talent agency.
239     (b)  The amount of commissions the talent agency has
240received from each artist.
241     (c)  A record sheet for each engagement obtained by the
242talent agency. The record sheet is the only record required to
243show engagements. The record sheet must be kept in the artist's
244file for a period of not less than 5 years after the date of the
245last record sheet that was posted in the artist's file.
246     (d)  The engagement the artist was performing in at the
247time the artist was retained by the talent agency. The documents
248must include the amount of compensation received by the artist
249from this engagement.
250     (e)  The engagements the talent agency procured for the
251artist after the artist and talent agency entered into a
252contract. The documents must include the amount of compensation
253received by the artist from the engagements obtained for the
254artist during the life of the contract.
255     (7)  An advance-fee talent service must maintain records
256that contain all of the following information or documents:
257     (a)  The name and current address of each artist employing
258the advance-fee talent service.
259     (b)  The amount of the advance fees paid by or for the
260artist during the term of the contract with the advance-fee
261talent service.
262     (c)  A record of all efforts made in promoting the artist.
263A record of each effort to promote the artist must be maintained
264in the artist's file for a period of not less than 5 years after
265the effort to promote the artist was made.
266     (8)(a)  If a person fails to maintain a permanent office
267and keep regular hours at that office, fails to maintain records
268and files as required by this section, or knowingly makes false
269entries in an artist's files, the person commits a misdemeanor
270of the second degree, punishable as provided in section 775.082
271or section 775.083, Florida Statutes.
272     (b)  If a person establishes or keeps an office where
273intoxicating liquor is sold, where gambling is permitted, or
274where acts of prostitution are committed, the person commits a
275felony of the second degree, punishable as provided in section
276775.082, section 775.083, or section 775.084, Florida Statutes.
277     Section 5.  Contracts and fees.--
278     (1)(a)  A talent agency or advance-fee talent service shall
279post an itemized schedule of maximum fees, charges, or
280commissions that it intends to charge and collect for its
281services. The schedule must be posted in a conspicuous place in
282each place of business. The schedule must be printed in not less
283than 30-point boldfaced type.
284     (b)  A talent agency that uses a written contract
285containing a schedule of its maximum fees, charges, and
286commissions is not required to post the schedule.
287     (c)  If a person fails to post in a conspicuous place a
288schedule of the itemized fees, charges, and commissions, if
289required, the person commits a misdemeanor of the second degree,
290punishable as provided in section 775.082 or section 775.083,
291Florida Statutes.
292     (2)  An artist and a talent agency or advance-fee talent
293service must enter into a written contract when the parties
294agree that a talent agency or advance-fee talent service shall
295perform services for the artist. If the circumstances of the
296arrangement between the artist and the talent agency or advance-
297fee talent service prevent the execution of a contract before
298the artist performs, the artist and the talent agency or
299advance-fee talent service must execute the contract no later
300than 7 days after the first performance.
301     (3)  The contract must incorporate the full agreement
302between the artist and the talent agency or advance-fee talent
303service, be contained in a single document, and include the
304elements set forth in this section.
305     (4)  Each contract between an artist and an advance-fee
306talent service must contain all of the following provisions:
307     (a)  A description of the specific services to be performed
308by the advance-fee talent service, the duration of the contract,
309and the refund provisions if the services are not provided
310according to the contract.
311     (b)  A statement of the fees that the advance-fee talent
312service will charge to or collect from the artist receiving the
313services and the date or dates when the artist must pay the
314fees.
315     (c)  The following statement, in type no smaller than 10-
316point boldfaced type and in close proximity to the artist's
317signature, must be included in each advance-fee talent service
318contract:
319
RIGHT TO REFUND
320
321If you pay in advance all or any portion of a fee
322charged to you by (name of advance-fee talent service)
323and you fail to receive the services promised to you
324or that you were led to believe would be performed,
325(name of advance-fee talent service) shall, upon your
326request, return the full amount paid by you within 48
327hours after your request for a refund. If the refund
328is not made within 48 hours, (name of advance-fee
329talent service) shall also pay to you, in addition to
330the refund due to you, a sum equal to the amount of
331the refund.
332
333
YOUR RIGHT TO CANCEL (enter date of transaction)
334
335You may cancel this contract for advance-fee talent
336services without any penalty or obligation if you give
337notice of the cancellation, in writing, no later than
33814 days after the date of the transaction stated
339above. If you wish to cancel the contract, you must
340mail or deliver a signed and dated copy of the
341following cancellation notice, another written
342document notifying the advance-fee talent service that
343you intend to cancel the contract, or send a telegram,
344fax, or e-mail notifying the advance-fee talent
345service that you intend to cancel the contract, to
346(name of advance-fee talent service) at (address of
347its place of business) NOT LATER THAN MIDNIGHT AFTER
348(enter the date).
349
350ONLY A TALENT AGENCY MAY ENGAGE IN THE OCCUPATION OF
351PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO
352PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST.
353
354
CANCELLATION NOTICE
355
356
357I hereby cancel this contract.
358
359Dated:
360
361________________________________________
362Artist Signature.
363
364     (5)  A talent agency or advance-fee talent service must
365give each artist a copy of the signed or authenticated contract
366listing the services to be provided and the fees, charges, or
367commissions to be charged at the time the contract is signed.
368     (6)  A talent agency or advance-fee talent service must
369give each artist a copy of this act at the time the contract is
370signed.
371     (7)(a)  Pursuant to chapter 435, Florida Statutes, any
372person who holds himself or herself out as an employee or agent
373of a talent agency or advance-fee talent service must meet level
3741 screening requirements as described in section 435.03, Florida
375Statutes.
376     (b)  Each talent agency and advance-fee talent service must
377give the artist a copy of the level 1 screening for each owner
378and operator of the talent agency or advance-fee talent service
379before executing a contract with an artist. The level 1
380screening must have been completed within the previous 12
381months.
382     (8)(a)  All money collected by a talent agency from an
383employer or buyer for the benefit of an artist must be paid to
384the artist within 7 business days after receiving the money from
385the employer. The talent agency may reduce the amount paid to
386the artist by the talent agency's commission.
387     (b)  A talent agency is not required to pay money to an
388artist until the talent agency receives payment from the
389employer or buyer.
390     (9)  A contract entered into by a talent agency or advance-
391fee talent service which does not conform to this act is
392voidable by the artist. If an artist voids a contract with a
393talent agency or advance-fee talent service, the artist is not
394required to pay or return any consideration received from the
395talent agency or advance-fee talent service to induce the artist
396to enter into the contract.
397     (10)  An artist may cancel a contract with a talent agency
398or advance-fee talent service by giving written notice of the
399cancellation to the talent agency or advance-fee talent service
400no later than 14 days after the date of transaction. If an
401artist cancels a contract, the artist is not required to pay or
402return any consideration received from the talent agency or
403advance-fee talent service to induce the artist to enter into
404the contract.
405     (11)  An artist shall not waive the right to cancel a
406contract with a talent agency or advance-fee talent service as
407provided in this act. Any attempt by a talent agency or advance-
408fee talent service to induce an artist to waive the artist's
409right to cancel the contract is a violation of this act.
410     (12)(a)  If an artist gives consideration to a talent
411agency to be used for expenses to obtain a specific engagement
412or employment and the talent agency fails to procure the
413specific engagement or employment for the artist, the talent
414agency shall, upon the artist's demand, repay all consideration
415paid by the artist.
416     (b)  The talent agency must refund the consideration to the
417artist no later than 48 hours after receiving the demand from
418the artist. If the talent agency does not refund the artist
419within the prescribed time period, the talent agency must pay
420the artist a penalty that is equal to the amount of all
421consideration paid to the talent agency.
422     (13)  An advance-fee talent service must refund fees as
423follows:
424     (a)  If the artist does not receive the services promised
425or the services the artist was led to believe would be
426performed, the advance-fee talent service must, upon the
427artist's demand, refund the artist any fees collected by the
428advance-fee talent service for those services. The advance-fee
429talent service must make the refund to the artist no later than
43048 hours after the artist demands the refund. If the advance-fee
431talent service does not refund the artist within the prescribed
432time period, the advance-fee talent service must pay the artist
433a penalty that is equal to the amount of all fees paid to the
434advance-fee talent service.
435     (b)  If an artist cancels the contract, the advance-fee
436talent service must refund in full all fees paid by the artist.
437The advance-fee talent service must refund the fees no later
438than 14 days after the artist cancels the contract. If the
439advance-fee talent service does not refund the artist within the
440prescribed time period, the advance-fee talent service must pay
441the artist a penalty that is equal to the amount of all fees
442paid to the advance-fee talent service.
443     (14)  A talent agency or advance-fee talent service that
444violates any provision of this section commits a misdemeanor of
445the second degree, punishable as provided in section 775.082 or
446section 775.083, Florida Statutes.
447     Section 6.  Prohibitions and penalties.--
448     (1)(a)  A person, business entity, talent agency, or
449advance-fee talent service shall not accept an advance fee for
450procuring, offering, promising, or attempting to procure
451employment or engagements for an artist.
452     (b)  A person, business entity, talent agency, or advance-
453fee talent service that violates this subsection commits a
454felony of the second degree, punishable as provided in section
455775.082, section 775.083, or section 775.084, Florida Statutes.
456     (2)(a)  An advance-fee talent service shall not make any
457false statement, representation, promise, or implication by its
458choice of name that it is a talent agency. An advance-fee talent
459service shall not state, promise, or represent that it will
460procure, or attempt to procure, employment or engagements for
461the artist.
462     (b)  A person or advance-fee talent service that violates
463this subsection commits a felony of the second degree,
464punishable as provided in section 775.082, section 775.083, or
465section 775.084, Florida Statutes.
466     (3)(a)  A person, talent agency, or advance-fee talent
467service, or an owner, operator, employee, or agent of a talent
468agency or advance-fee talent service, shall not:
469     1.  Give an artist false information, make a false promise
470or misrepresentation concerning any engagement or employment, or
471make a false or misleading verbal or written promise or
472guarantee of any engagement as an artist.
473     2.  Print, publish, distribute, or cause, authorize, or
474knowingly permit the making, printing, publication, or
475distribution of any false statement, description, or promise
476that would reasonably induce a person to act to his or her
477damage or injury.
478     3.  Knowingly commit, or be a party to, any material fraud,
479misrepresentation, concealment, conspiracy, collusion, trick,
480scheme, or device whereby any other person lawfully relying upon
481the work, representation, or conduct of the talent agency or
482advance-fee talent service acts or has acted to his or her
483injury or damage.
484     4.  Commit fraud or deceit in the operation of a talent
485agency or advance-fee talent service.
486     5.  Conspire with another talent agency or advance-fee
487talent service or with another person to commit an act that
488coerces, intimidates, or precludes another talent agency or
489advance-fee talent service from advertising its services.
490     6.  Solicit business, either personally or through any
491other person, using fraud, deception, or misleading statements
492or through the exercise of intimidation or undue influence.
493     7.  Exercise undue influence on the artist in order to
494exploit the artist for the financial gain of the talent agency,
495advance-fee talent service, or a third party.
496     8.  Commit sexual misconduct with an artist. An owner,
497operator, employee, or agent of the talent agency or advance-fee
498talent service shall not use the artist-agent relationship to
499induce or attempt to induce the artist to engage or attempt to
500engage in sexual activity.
501     9.  Employ an employee, agent, owner, operator, or other
502person with a financial interest who has been convicted of
503sexual battery, lewd acts, or other sexual misconduct proscribed
504in chapter 800, Florida Statutes, or in section 794.011, section
505827.071, section 847.012, section 847.0125, section 847.013,
506section 847.0133, or section 847.0145, Florida Statutes.
507     10.a.  Send, or cause to send, an artist to a house of ill
508fame, a house or place of amusement for immoral purposes, a
509place where prostitution is performed, or a place for the
510modeling or photographing of a minor in the nude, the character
511of which could have been ascertained upon reasonable inquiry by
512the talent agency or advance-fee talent service.
513     b.  For the purposes of this paragraph, the term "modeling
514or photographing of a minor in the nude" means the visual
515display of the buttocks, genitals, or female breast, areolae, or
516nipples of a person younger than 18 years of age.
517     c.  This subparagraph does not apply if both parents or the
518legal guardian of the minor are fully advised of the intended
519activity and both parents or the guardian execute a written
520consent for the visual display of their child or ward.
521     (b)  A person, talent agency, or advance-fee talent service
522that violates this subsection commits a felony of the second
523degree, punishable as provided in section 775.082, section
524775.083, or section 775.084, Florida Statutes.
525     (4)(a)  A person, talent agency, or advance-fee talent
526service shall not:
527     1.  Make, or cause to be made, any false, misleading, or
528deceptive advertisement or representation concerning the
529services the artist will receive or the costs the artist will
530incur.
531     2.  Publish or cause to be published any false, fraudulent,
532or misleading information, representation, notice, or
533advertisement.
534     3.  Charge, collect, or receive compensation for any
535service performed by the talent agency or advance-fee talent
536service greater than the charge, fee, or compensation specified
537in its schedule of maximum fees, charges, and commissions.
538     4.  Advertise goods or services in a manner that is
539fraudulent, false, deceptive, or misleading in form or content.
540     5.  Permit, aid, assist, procure, or advise a person to
541operate a talent agency or advance-fee talent service contrary
542to this act.
543     6.  Fail to perform any statutory or legal obligation
544required by law for a talent agency or advance-fee talent
545service.
546     7.  Require the applicant or artist to subscribe to or
547purchase any publication, postcard service, advertisement,
548resume service, photography service, website service, or video
549or audiotapes, or attend any school, acting school, workshop, or
550acting class as a condition to performing services for an
551applicant or artist.
552     8.  Charge or attempt to charge, directly or indirectly, an
553artist for creating or providing photographs, filmstrips,
554videotapes, audition tapes, demonstration reels, talent
555brochures, or other reproductions of the artist, or for
556providing costumes, lessons, coaching, or similar training for
557the artist.
558     9.  Refer an artist to a person who charges the artist a
559fee for the services described in this act in which the talent
560agency or advance-fee talent service has a direct or indirect
561financial interest.
562     10.  Accept any compensation for referring an artist to a
563person charging the artist a fee for the services described in
564this act.
565     11.  Knowingly issue a contract containing any term or
566condition that, if complied with, would be in violation of law.
567     12.  Knowingly send or influence an artist to go to a
568prospective employer or place of business the character or
569operation of which the talent agency or advance-fee talent
570service knows to be in violation of the laws of the United
571States or this state.
572     13.  Divide fees with anyone, including, but not limited
573to, an agent or other employee of an employer, buyer, casting
574director, producer, or director.
575     14.  Fail to maintain records required by this act or
576knowingly making false entries in the records.
577     15.  Fail, either before or at the time of executing a
578contract, to give the artist a copy of the signed or
579authenticated contract listing the services to be provided; an
580itemized schedule of maximum fees, charges, and commissions that
581it intends to charge and collect for its services; a copy of
582this act; a copy of a criminal background check; and a copy of a
583bond.
584     16.  Charge a registration fee, except as permitted for
585advance-fee talent services.
586     17.  Fail to notify an artist that there is a strike,
587lockout, or other labor dispute in active progress before
588sending the artist to an engagement.
589     (b)  A person, talent agency, or advance-fee talent service
590that violates this subsection commits a misdemeanor of the
591second degree, punishable as provided in section 775.082 or
592section 775.083, Florida Statutes.
593     Section 7.  Remedies.--
594     (1)(a)  If a state attorney believes there is probable
595cause that a talent agency, advanced-fee talent service, or
596other person has violated subsection (1), subsection (2), or
597subsection (3) of section 6 of this act, the state attorney may
598file a civil action in the circuit court to enjoin the talent
599agency, advanced-fee talent service, or other person from
600continuing the violation or doing any act in furtherance
601thereof, and for such other relief as the court deems
602appropriate.
603     (b)  A state attorney may file a civil action in circuit
604court upon the sworn affidavit of a person alleging a violation
605of this act. The court may grant a temporary or permanent
606injunction restraining any talent agency, advanced-fee talent
607service, or other person from violating this act and the
608injunction shall issue without bond.
609     (2)(a)  If an artist or other person is injured by the
610misconduct of a talent agency or advance-fee talent service, the
611artist may file a civil action in his or her own name upon the
612bond of the talent agency or advance-fee talent service in any
613court having jurisdiction of the amount claimed.
614     (b)  The artist or other person filing the complaint may
615bring the action for temporary or permanent injunctive relief
616and may seek other relief, including, but not limited to,
617restitution for damages, court costs, a civil penalty not to
618exceed $5,000 for each violation, treble damages for injured
619parties, and reasonable attorney's fees.
620     (c)  Any claim made by an artist or other person is
621assignable, and the assignee is entitled to the same remedies
622upon the bond of the talent agency or advance-fee talent service
623or otherwise as the artist or other person aggrieved would be
624entitled to if the claim had not been assigned. A claim so
625assigned may be enforced in the name of the assignee.
626     (3)  The remedies provided in this section are cumulative
627and not exclusive of any other remedy provided by law.
628     Section 8.  The regulation of talent agencies by the
629Department of Business and Professional Regulation is abolished.
630Any funds and balances associated with the regulation of talent
631agencies remaining in the Professional Regulation Trust Fund
632after July 1, 2005, shall be used to pay any remaining expenses
633associated with this regulation. The department shall rebate
634talent agency license fees, on a pro rata basis, for the period
635beginning July 1, 2005, through the period for which license
636fees have been paid. If the account is in a deficit balance, the
637funds shall be provided from the General Revenue Fund. Another
638profession regulated by the Department of Business and
639Professional Regulation shall not be assessed the cost of any
640refund. Any funds or balances remaining in the trust fund after
641January 1, 2006, shall be transferred to the General Revenue
642Fund.
643     Section 9.  The Department of Business and Professional
644Regulation may continue to prosecute any legal proceedings and
645related administrative cases that are pending on July 1, 2005.
646     Section 10.  This act shall take effect July 1, 2005.


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