| 1 | The State Administration Appropriations Committee recommends the |
| 2 | following: |
| 3 |
|
| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to talent agencies and advance-fee talent |
| 8 | services; repealing part VII of ch. 468, F.S., relating to |
| 9 | the regulation of talent agencies; providing definitions; |
| 10 | requiring each talent agency and advance-fee talent |
| 11 | service to obtain a surety bond for a specified amount; |
| 12 | requiring each talent agency and advance-fee talent |
| 13 | service to give each artist a copy of the bond; providing |
| 14 | criminal penalties for failing to comply with the bonding |
| 15 | requirements; requiring each talent agency and advance-fee |
| 16 | talent service to maintain a permanent office during |
| 17 | certain specified hours; directing that certain records, |
| 18 | with specified information in them, be kept for each |
| 19 | artist; requiring that records be maintained for a |
| 20 | specified period; directing that all records of a talent |
| 21 | agency and advance-fee talent service be open to the |
| 22 | inspection of a state attorney; requiring that the talent |
| 23 | agency or advance-fee talent service give the state |
| 24 | attorney a copy of the records when so requested; |
| 25 | providing criminal penalties if the talent agency or |
| 26 | advance-fee talent service fails or refuses to disclose |
| 27 | information to a state attorney; providing criminal |
| 28 | penalties for failing to comply with the requirements |
| 29 | pertaining to records; directing a talent agency or |
| 30 | advance-fee talent service to post an itemized schedule of |
| 31 | maximum fees, charges, or commissions that it intends to |
| 32 | charge and collect for its services; providing for the |
| 33 | location for posting of the schedule; providing criminal |
| 34 | penalties for failing to post the fee schedule; requiring |
| 35 | that an artist and a talent agency or advance-fee talent |
| 36 | service enter into a written contract when such entity |
| 37 | agrees to perform services for the artist; providing an |
| 38 | exception under specified circumstances; providing for the |
| 39 | content of the written contract; requiring that a talent |
| 40 | agency or advance-fee talent service provide each artist |
| 41 | with a copy of the contract; requiring any person who |
| 42 | holds himself or herself out as an employee or agent of a |
| 43 | talent agency or advance-fee talent service to submit |
| 44 | fingerprints for background screening requirements prior |
| 45 | to owning, operating, soliciting business for, or |
| 46 | otherwise engaging in or carrying on the business of a |
| 47 | talent agency or advance-fee talent service in this state; |
| 48 | directing that a talent agency or advance-fee talent |
| 49 | service provide each artist with a copy of the screening |
| 50 | results; directing that all money collected by a talent |
| 51 | agency from an employer or buyer be paid to the artist |
| 52 | within a specified period; providing that a contract is |
| 53 | voidable under certain circumstances; permitting an artist |
| 54 | to cancel a contract by giving written notice of the |
| 55 | cancellation to the talent agency or advance-fee talent |
| 56 | service within a specified period; prohibiting an artist |
| 57 | from waiving the right to cancel a contract; providing the |
| 58 | way in which a talent agency or advance-fee talent service |
| 59 | must refund money to an artist; providing criminal |
| 60 | penalties for violating provisions relating to |
| 61 | contracting; specifying certain prohibited acts by a |
| 62 | talent agency or advance-fee talent service; providing |
| 63 | criminal penalties for failure to comply; providing for |
| 64 | certain specified civil remedies for violations of the |
| 65 | act; removing the authority of the Department of Business |
| 66 | and Professional Regulation to regulate talent agencies; |
| 67 | providing for the use of certain funds after the effective |
| 68 | date of the act; requiring the department to rebate talent |
| 69 | agency license fees; authorizing the department to |
| 70 | continue to prosecute any legal proceedings and related |
| 71 | administrative cases that are pending on the effective |
| 72 | date of the act; providing an appropriation; providing an |
| 73 | effective date. |
| 74 |
|
| 75 | Be It Enacted by the Legislature of the State of Florida: |
| 76 |
|
| 77 | Section 1. Part VII of chapter 468, Florida Statutes, |
| 78 | consisting of sections 468.401, 468.402, 468.403, 468.404, |
| 79 | 468.405, 468.406, 468.407, 468.408, 468.409, 468.410, 468.411, |
| 80 | 468.412, 468.413, 468.414, and 468.415, is repealed. |
| 81 | Section 2. Definitions.--As used in sections 2 through 7 |
| 82 | of this act, the term: |
| 83 | (1) "Advance-fee talent service" means a service practiced |
| 84 | by a person or business entity, or the person's or business |
| 85 | entity's employees or authorized agents, which charges, attempts |
| 86 | to charge, or receives an advance fee from an artist for the |
| 87 | purpose of promoting, but not procuring, the employment or |
| 88 | engagement of the artist. Promoting the employment or engagement |
| 89 | of an artist includes, but is not limited to, the following |
| 90 | activities: |
| 91 | (a) Promoting or advertising an artist to a casting |
| 92 | director, talent agency, talent manager, or any other person |
| 93 | represented to be in a position to offer assistance in procuring |
| 94 | engagements or employment for the artist. |
| 95 | (b) Promoting or advertising an artist by using the |
| 96 | Internet, trade publications, or other media. |
| 97 | (c) Registering or listing an artist for employment in the |
| 98 | entertainment industry or as a customer of the advance-fee |
| 99 | talent service. |
| 100 | (d) Managing, directing, developing, or advancing the |
| 101 | artist's career. |
| 102 | (e) Preparing the artist for employment through career |
| 103 | counseling or consulting, vocational guidance, aptitude testing, |
| 104 | or evaluation. |
| 105 | (2) "Advance fee" means a fee that is due from or paid by |
| 106 | an artist before the artist obtains employment as an artist or |
| 107 | before the artist receives earnings as an artist. An advance fee |
| 108 | also includes money paid by the artist which exceeds the |
| 109 | earnings received by the artist. |
| 110 | (a) An advance fee does not include reimbursement for out- |
| 111 | of-pocket costs actually incurred by an advance-fee talent |
| 112 | service on behalf of the artist when paying for services |
| 113 | rendered or goods provided to the artist by an independent third |
| 114 | party if all of the following conditions are met: |
| 115 | 1. The advance-fee talent service does not have a direct |
| 116 | or an indirect financial interest in the third party. |
| 117 | 2. The advance-fee talent service does not accept a |
| 118 | referral fee or other consideration from the third party. |
| 119 | 3. The services rendered or goods provided for the out-of- |
| 120 | pocket costs are not represented to be, and are not, a condition |
| 121 | for the advance-fee talent service to register or list the |
| 122 | artist with the advance-fee talent service. |
| 123 | 4. The advance-fee talent service maintains adequate |
| 124 | records documenting that any amount to be reimbursed to the |
| 125 | advance-fee talent service was actually advanced or owed to a |
| 126 | third party, that the third party is not a person in which the |
| 127 | advance-fee talent service has a direct or indirect financial |
| 128 | interest, and that the advance-fee talent service did not |
| 129 | receive any consideration for referring the artist. |
| 130 | (b) The burden of producing evidence to support a defense |
| 131 | based upon an exemption or an exception provided in paragraph |
| 132 | (a) is on the advance-fee talent service claiming the exemption |
| 133 | or exception. |
| 134 | (3) "Artist" means a person who seeks to become or is an |
| 135 | actor, actress, director, writer, cinematographer, composer, |
| 136 | lyricist, arranger, model, extra, or other person rendering |
| 137 | professional services on the legitimate stage or in the |
| 138 | production of motion pictures, radio productions, musicals, |
| 139 | television productions, print advertisements, or other |
| 140 | entertainment enterprises. |
| 141 | (4) "Buyer" or "employer" means a person, company, |
| 142 | partnership, corporation, or other business entity that uses the |
| 143 | services of a talent agency or advance-fee talent service. |
| 144 | (5) "Compensation" means any one or more of the following: |
| 145 | (a) Money or other valuable consideration paid or promised |
| 146 | to be paid for services rendered by an individual conducting the |
| 147 | business of a talent agency or an advance-fee talent service; |
| 148 | (b) Money received by a person in excess of that which has |
| 149 | been paid by the person for transportation, transfer of baggage, |
| 150 | or board and lodging for an applicant for employment; or |
| 151 | (c) The difference between the amount of money received by |
| 152 | a person who furnishes employees, performers, or entertainers |
| 153 | for circus, vaudeville, theatrical, or other entertainments, |
| 154 | exhibitions, engagements, or performances and the amount paid by |
| 155 | the person to an employee, performer, or entertainer. |
| 156 | (6) "Divided fee" means the process by which, without |
| 157 | written contractual approval of the artist, any two or more |
| 158 | persons receive compensation for performing services for an |
| 159 | artist and the total compensation paid to these persons exceeds |
| 160 | the compensation that would have been paid to only one person |
| 161 | acting on behalf of the artist. |
| 162 | (7) "Engagement" means any employment or placement of an |
| 163 | artist during which the artist performs in his or her artistic |
| 164 | capacity. The term does not apply to procuring opera, music, |
| 165 | theater, or dance engagements for any nonprofit organization |
| 166 | defined in s. 501(c)(3) of the Internal Revenue Code or any |
| 167 | nonprofit arts organization in this state which has received a |
| 168 | grant from the Division of Cultural Affairs of the Department of |
| 169 | State or has participated in the state touring program of the |
| 170 | Division of Cultural Affairs. |
| 171 | (8) "Operator" means the person who is or who will be in |
| 172 | actual charge of a talent agency or an advance-fee talent |
| 173 | service. |
| 174 | (9) "Owner" means a partner in a partnership, member of a |
| 175 | firm, or one or more principal officers of a corporation whose |
| 176 | partnership, firm, or corporation owns a talent agency or an |
| 177 | advance-fee talent service, or an individual who is the sole |
| 178 | owner of a talent agency or an advance-fee talent service. |
| 179 | (10) "Talent agency" or "agency" means a business entity |
| 180 | or person who, for compensation, engages in the occupation or |
| 181 | business of procuring or attempting to procure engagements for |
| 182 | an artist and includes the agency's employees and authorized |
| 183 | agents. |
| 184 | Section 3. Bond required.-- |
| 185 | (1) Each talent agency or advance-fee talent service shall |
| 186 | obtain a bond in the form of a surety by a reputable company |
| 187 | engaged in the bonding business which is authorized to do |
| 188 | business in this state. The bond must be for the penal sum of |
| 189 | not less than $10,000 and be conditioned on the talent agency or |
| 190 | advance-fee talent service conforming to and not violating any |
| 191 | duty, term, condition, provision, or requirement of this act. |
| 192 | (2) A talent agency or advance-fee talent service must |
| 193 | provide the artist with a copy of the bond. |
| 194 | (3) If a person fails to obtain or maintain a bond |
| 195 | according to this section, the person commits: |
| 196 | (a) A misdemeanor of the second degree for a first |
| 197 | violation, punishable as provided in s. 775.082 or s. 775.083, |
| 198 | Florida Statutes. |
| 199 | (b) A misdemeanor of the first degree for a second |
| 200 | violation, punishable as provided in s. 775.082 or s. 775.083, |
| 201 | Florida Statutes. |
| 202 | (c) A felony of the third degree for a third or subsequent |
| 203 | violation, punishable as provided in s. 775.082, s. 775.083, or |
| 204 | s. 775.084, Florida Statutes. |
| 205 | Section 4. Office and records.-- |
| 206 | (1) A talent agency or advance-fee talent service must |
| 207 | maintain a permanent office and must maintain regular operating |
| 208 | hours at that office. The office shall not be located on or |
| 209 | within any property where intoxicating liquor is sold, where |
| 210 | gambling is permitted, or where acts of prostitution are |
| 211 | committed. |
| 212 | (2) A talent agency or advance-fee talent service must |
| 213 | keep on file the application, registration, and fully executed |
| 214 | contract of each artist that the talent agency or advance-fee |
| 215 | talent service represents. The artist file of a talent agency |
| 216 | must also include the total amount of compensation received by |
| 217 | the artist, the amount of compensation received by the artist |
| 218 | for each performance, and documentation of all attempts made by |
| 219 | the talent agency to procure engagements for the artist. The |
| 220 | artist file of an advance-fee talent service must also include |
| 221 | documentation of all attempts to promote or advertise the |
| 222 | artist. |
| 223 | (3) A talent agency or advance-fee talent service shall |
| 224 | not knowingly make a false entry in an applicant's file or |
| 225 | receipt file. |
| 226 | (4) Each document in the file must be preserved for a |
| 227 | period of not less than 5 years after the date of the last entry |
| 228 | entered into the file. |
| 229 | (5)(a) All books, records, and other papers kept under |
| 230 | this act by a talent agency or advance-fee talent service must |
| 231 | be open to the inspection of a state attorney, or the state |
| 232 | attorney's authorized agent, at any reasonable hour. The talent |
| 233 | agency or advance-fee talent service must give the state |
| 234 | attorney a true copy of the books, records, and papers, or any |
| 235 | portion thereof, when so requested. |
| 236 | (b) A person may not refuse to disclose any information |
| 237 | within his or her knowledge as required by this subsection, or |
| 238 | fail or refuse to produce any document, book, or record for |
| 239 | inspection which is in his or her possession, to a state |
| 240 | attorney or the state attorney's authorized agent. |
| 241 | (c) If a person fails or refuses to disclose information |
| 242 | to a state attorney as required by this subsection, the person |
| 243 | commits a misdemeanor of the second degree, punishable as |
| 244 | provided in s. 775.082 or s. 775.083, Florida Statutes. |
| 245 | (6) A talent agency must maintain records that contain all |
| 246 | of the following information or documents: |
| 247 | (a) The name and current address of each artist employing |
| 248 | the talent agency. |
| 249 | (b) The amount of commissions the talent agency has |
| 250 | received from each artist. |
| 251 | (c) A record sheet for each engagement obtained by the |
| 252 | talent agency. The record sheet is the only record required to |
| 253 | show engagements. The record sheet must be kept in the artist's |
| 254 | file for a period of not less than 5 years after the date of the |
| 255 | last record sheet that was posted in the artist's file. |
| 256 | (d) The engagement the artist was performing in at the |
| 257 | time the artist was retained by the talent agency. The documents |
| 258 | must include the amount of compensation received by the artist |
| 259 | from this engagement. |
| 260 | (e) The engagements the talent agency procured for the |
| 261 | artist after the artist and talent agency entered into a |
| 262 | contract. The documents must include the amount of compensation |
| 263 | received by the artist from the engagements obtained for the |
| 264 | artist during the life of the contract. |
| 265 | (7) An advance-fee talent service must maintain records |
| 266 | that contain all of the following information or documents: |
| 267 | (a) The name and current address of each artist employing |
| 268 | the advance-fee talent service. |
| 269 | (b) The amount of the advance fees paid by or for the |
| 270 | artist during the term of the contract with the advance-fee |
| 271 | talent service. |
| 272 | (c) A record of all efforts made in promoting the artist. |
| 273 | A record of each effort to promote the artist must be maintained |
| 274 | in the artist's file for a period of not less than 5 years after |
| 275 | the effort to promote the artist was made. |
| 276 | (8)(a) If a person fails to maintain a permanent office |
| 277 | and keep regular hours at that office, fails to maintain records |
| 278 | and files as required by subsection (7), or knowingly makes |
| 279 | false entries in an artist's files, the person commits: |
| 280 | 1. A misdemeanor of the second degree for a first |
| 281 | violation, punishable as provided in s. 775.082 or s. 775.083, |
| 282 | Florida Statutes. |
| 283 | 2. A misdemeanor of the first degree for a second |
| 284 | violation, punishable as provided in s. 775.082 or s. 775.083, |
| 285 | Florida Statutes. |
| 286 | 3. A felony of the third degree for a third or subsequent |
| 287 | violation, punishable as provided in s. 775.082, s. 775.083, or |
| 288 | s. 775.084, Florida Statutes. |
| 289 | (b) If a person establishes or keeps an office where |
| 290 | intoxicating liquor is sold, where gambling is permitted, or |
| 291 | where acts of prostitution are committed, the person commits a |
| 292 | felony of the second degree, punishable as provided in s. |
| 293 | 775.082, s. 775.083, or s. 775.084, Florida Statutes. |
| 294 | Section 5. Contracts and fees.-- |
| 295 | (1)(a) A talent agency or advance-fee talent service shall |
| 296 | post an itemized schedule of maximum fees, charges, or |
| 297 | commissions that it intends to charge and collect for its |
| 298 | services. The schedule must be posted in a conspicuous place in |
| 299 | each place of business. The schedule must be printed in not less |
| 300 | than 30-point boldfaced type. |
| 301 | (b) A talent agency that uses a written contract |
| 302 | containing a schedule of its maximum fees, charges, and |
| 303 | commissions is not required to post the schedule. |
| 304 | (c) If a person fails to post in a conspicuous place a |
| 305 | schedule of the itemized fees, charges, and commissions, if |
| 306 | required to do so, the person commits: |
| 307 | 1. A misdemeanor of the second degree for a first |
| 308 | violation, punishable as provided in s. 775.082 or s. 775.083, |
| 309 | Florida Statutes. |
| 310 | 2. A misdemeanor of the first degree for a second |
| 311 | violation, punishable as provided in s. 775.082 or s. 775.083, |
| 312 | Florida Statutes. |
| 313 | 3. A felony of the third degree for a third or subsequent |
| 314 | violation, punishable as provided in s. 775.082, s. 775.083, or |
| 315 | s. 775.084, Florida Statutes. |
| 316 | (2) An artist and a talent agency or advance-fee talent |
| 317 | service must enter into a written contract when the parties |
| 318 | agree that a talent agency or advance-fee talent service shall |
| 319 | perform services for the artist. If the circumstances of the |
| 320 | arrangement between the artist and the talent agency or advance- |
| 321 | fee talent service prevent the execution of a contract before |
| 322 | the artist performs, the artist and the talent agency or |
| 323 | advance-fee talent service must execute the contract no later |
| 324 | than 7 days after the first performance. |
| 325 | (3) The contract must incorporate the full agreement |
| 326 | between the artist and the talent agency or advance-fee talent |
| 327 | service, be contained in a single document, and include the |
| 328 | elements set forth in this section. |
| 329 | (4) Each contract between an artist and an advance-fee |
| 330 | talent service must contain all of the following provisions: |
| 331 | (a) A description of the specific services to be performed |
| 332 | by the advance-fee talent service, the duration of the contract, |
| 333 | and the refund provisions if the services are not provided |
| 334 | according to the contract. |
| 335 | (b) A statement of the fees that the advance-fee talent |
| 336 | service will charge to or collect from the artist receiving the |
| 337 | services and the date or dates when the artist must pay the |
| 338 | fees. |
| 339 | (c) The following statement, in type no smaller than 10- |
| 340 | point boldfaced type and in close proximity to the artist's |
| 341 | signature, must be included in each advance-fee talent service |
| 342 | contract: |
| 343 | RIGHT TO REFUND |
| 344 |
|
| 345 | If you pay in advance all or any portion of a fee |
| 346 | charged to you by (name of advance-fee talent service) |
| 347 | and you fail to receive the services promised to you |
| 348 | or that you were led to believe would be performed, |
| 349 | (name of advance-fee talent service) shall, upon your |
| 350 | request, return the full amount paid by you within 48 |
| 351 | hours after your request for a refund. If the refund |
| 352 | is not made within 48 hours, (name of advance-fee |
| 353 | talent service) shall also pay to you, in addition to |
| 354 | the refund due to you, a sum equal to the amount of |
| 355 | the refund. |
| 356 | YOUR RIGHT TO CANCEL |
| 357 |
|
| 358 |
|
| 359 | (enter date of transaction) |
| 360 |
|
| 361 | You may cancel this contract for advance-fee talent |
| 362 | services without any penalty or obligation if you give |
| 363 | notice of the cancellation, in writing, no later than |
| 364 | 14 days after the date of the transaction stated |
| 365 | above. If you wish to cancel the contract, you must |
| 366 | mail or deliver a signed and dated copy of the |
| 367 | following cancellation notice, another written |
| 368 | document notifying the advance-fee talent service that |
| 369 | you intend to cancel the contract, or send a telegram, |
| 370 | fax, or e-mail notifying the advance-fee talent |
| 371 | service that you intend to cancel the contract, to |
| 372 | (name of advance-fee talent service) at (address of |
| 373 | its place of business) NOT LATER THAN MIDNIGHT AFTER |
| 374 | (enter the date). ONLY A TALENT AGENCY MAY ENGAGE IN |
| 375 | THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR |
| 376 | ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN |
| 377 | ARTIST. |
| 378 | CANCELLATION NOTICE |
| 379 |
|
| 380 |
|
| 381 | I hereby cancel this contract. |
| 382 | Dated: |
| 383 | ________________________________________ |
| 384 | Artist Signature. |
| 385 |
|
| 386 | (5) A talent agency or advance-fee talent service must |
| 387 | give each artist a copy of the signed or authenticated contract |
| 388 | listing the services to be provided and the fees, charges, or |
| 389 | commissions to be charged at the time the contract is signed. |
| 390 | (6) A talent agency or advance-fee talent service must |
| 391 | give each artist a copy of this act at the time the contract is |
| 392 | signed. |
| 393 | (7)(a) Before owning, operating, soliciting business for, |
| 394 | or otherwise engaging in or carrying on the business of a talent |
| 395 | agency or advance-fee talent service in this state, each agent, |
| 396 | owner, operator, or other person who is acting as or has a |
| 397 | financial interest in a talent agency or advance-fee talent |
| 398 | service must submit a full set of fingerprints as required by |
| 399 | paragraph (b) and must obtain and maintain a letter, as provided |
| 400 | in paragraph (e), from the Department of Business and |
| 401 | Professional Regulation documenting that the results of the |
| 402 | criminal history check do not disqualify the agent, owner, |
| 403 | operator, or other person who is acting as or has a financial |
| 404 | interest in a talent agency or advance-fee talent service. |
| 405 | (b) Each owner of a talent agency or advance-fee talent |
| 406 | service shall submit to the Department of Business and |
| 407 | Professional Regulation a full set of fingerprints, along with |
| 408 | all applicable fees for processing and maintenance, of each |
| 409 | agent, owner, operator, or other person having a financial |
| 410 | interest in the talent agency or advance-fee talent service. |
| 411 | (c) The fingerprint card or electronic fingerprints must |
| 412 | be forwarded to the Department of Law Enforcement for purposes |
| 413 | of processing the fingerprints to determine if the applicant has |
| 414 | a state criminal history record. The fingerprints must also be |
| 415 | forwarded to the Federal Bureau of Investigation for purposes of |
| 416 | processing the fingerprints to determine if the applicant has a |
| 417 | national criminal history record. The information obtained by |
| 418 | the processing of the fingerprints by the Department of Law |
| 419 | Enforcement and the Federal Bureau of Investigation shall be |
| 420 | sent to the Department of Business and Professional Regulation |
| 421 | for the purpose of determining if any agent, owner, operator, or |
| 422 | other person having a financial interest in the talent agency or |
| 423 | advance-fee talent service has been found guilty of, regardless |
| 424 | of adjudication, or entered a plea of nolo contendere or guilty |
| 425 | to sexual battery, lewd acts, or other sexual misconduct |
| 426 | proscribed in chapter 800, Florida Statutes, or in s. 794.011, |
| 427 | s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or |
| 428 | s. 847.0145, Florida Statutes. |
| 429 | (d) The cost for the fingerprint processing shall be borne |
| 430 | by the person subject to the criminal history record check. The |
| 431 | fingerprint processing and maintenance fee shall be collected by |
| 432 | the Department of Business and Professional Regulation through a |
| 433 | process established by rule in an amount not to exceed $100. The |
| 434 | Department of Law Enforcement shall render a bill to the |
| 435 | Department of Business and Professional Regulation for the |
| 436 | fingerprints submitted by the Department of Business and |
| 437 | Professional Regulation each month. |
| 438 | (e) Upon receipt and review of each criminal history |
| 439 | record, the Department of Business and Professional Regulation |
| 440 | shall, within 30 days, issue a letter to the talent agency or |
| 441 | advance-fee talent service notifying the talent agency or |
| 442 | advance-fee talent service: |
| 443 | 1. That the results of the criminal history check do not |
| 444 | disqualify the agent, owner, operator, or other person who is |
| 445 | acting as or has a financial interest in a talent agency or |
| 446 | advance-fee talent service; or |
| 447 | 2. That the results of the criminal history check |
| 448 | disqualify the agent, owner, operator, or other person who is |
| 449 | acting as or has a financial interest in a talent agency or |
| 450 | advance-fee talent service. |
| 451 | (f) Each talent agency and advance-fee talent service must |
| 452 | give the artist a copy of the letter issued by the Department of |
| 453 | Business and Professional Regulation documenting that the |
| 454 | results of the criminal history check do not disqualify the |
| 455 | agent, owner, operator, or other person who is acting as or has |
| 456 | a financial interest in a talent agency or advance-fee talent |
| 457 | service, as provided under subparagraph (e)2., before executing |
| 458 | a contract with an artist. The letter must have been issued |
| 459 | within the previous 36 months. |
| 460 | (g) If any talent agency or advance-fee talent service |
| 461 | agent, owner, or operator, or any other person who is acting as |
| 462 | or has a financial interest in a talent agency or advance-fee |
| 463 | talent service, fails to submit fingerprints for the background |
| 464 | check as required by this subsection, the person commits a |
| 465 | felony of the second degree, punishable as provided in s. |
| 466 | 775.082, s. 775.083, or s. 775.084, Florida Statutes. |
| 467 | (8)(a) All money collected by a talent agency from an |
| 468 | employer or buyer for the benefit of an artist must be paid to |
| 469 | the artist within 7 business days after receiving the money from |
| 470 | the employer. The talent agency may reduce the amount paid to |
| 471 | the artist by the talent agency's commission. |
| 472 | (b) A talent agency is not required to pay money to an |
| 473 | artist until the talent agency receives payment from the |
| 474 | employer or buyer. |
| 475 | (9) A contract entered into by a talent agency or advance- |
| 476 | fee talent service which does not conform to this act is |
| 477 | voidable by the artist. If an artist voids a contract with a |
| 478 | talent agency or advance-fee talent service, the artist is not |
| 479 | required to pay or return any consideration received from the |
| 480 | talent agency or advance-fee talent service to induce the artist |
| 481 | to enter into the contract. |
| 482 | (10) An artist may cancel a contract with a talent agency |
| 483 | or advance-fee talent service by giving written notice of the |
| 484 | cancellation to the talent agency or advance-fee talent service |
| 485 | no later than 14 days after the date of transaction. If an |
| 486 | artist cancels a contract, the artist is not required to pay or |
| 487 | return any consideration received from the talent agency or |
| 488 | advance-fee talent service to induce the artist to enter into |
| 489 | the contract. |
| 490 | (11) An artist shall not waive the right to cancel a |
| 491 | contract with a talent agency or advance-fee talent service as |
| 492 | provided in this act. Any attempt by a talent agency or advance- |
| 493 | fee talent service to induce an artist to waive the artist's |
| 494 | right to cancel the contract is a violation of this act. |
| 495 | (12)(a) If an artist gives consideration to a talent |
| 496 | agency to be used for expenses to obtain a specific engagement |
| 497 | or employment and the talent agency fails to procure the |
| 498 | specific engagement or employment for the artist, the talent |
| 499 | agency shall, upon the artist's demand, repay all consideration |
| 500 | paid by the artist. |
| 501 | (b) The talent agency must refund the consideration to the |
| 502 | artist no later than 48 hours after receiving the demand from |
| 503 | the artist. If the talent agency does not refund the artist |
| 504 | within the prescribed time period, the talent agency must pay |
| 505 | the artist a penalty that is equal to the amount of all |
| 506 | consideration paid to the talent agency. |
| 507 | (13) An advance-fee talent service must refund fees as |
| 508 | follows: |
| 509 | (a) If the artist does not receive the services promised |
| 510 | or the services the artist was led to believe would be |
| 511 | performed, the advance-fee talent service must, upon the |
| 512 | artist's demand, refund the artist any fees collected by the |
| 513 | advance-fee talent service for those services. The advance-fee |
| 514 | talent service must make the refund to the artist no later than |
| 515 | 48 hours after the artist demands the refund. If the advance-fee |
| 516 | talent service does not refund the artist within the prescribed |
| 517 | time period, the advance-fee talent service must pay the artist |
| 518 | a penalty that is equal to the amount of all fees paid to the |
| 519 | advance-fee talent service. |
| 520 | (b) If an artist cancels the contract, the advance-fee |
| 521 | talent service must refund in full all fees paid by the artist. |
| 522 | The advance-fee talent service must refund the fees no later |
| 523 | than 14 days after the artist cancels the contract. If the |
| 524 | advance-fee talent service does not refund the artist within the |
| 525 | prescribed time period, the advance-fee talent service must pay |
| 526 | the artist a penalty that is equal to the amount of all fees |
| 527 | paid to the advance-fee talent service. |
| 528 | (14) A talent agency or advance-fee talent service that |
| 529 | violates this section commits: |
| 530 | (a) A misdemeanor of the second degree for a first |
| 531 | violation, punishable as provided in s. 775.082 or s. 775.083, |
| 532 | Florida Statutes. |
| 533 | (b) A misdemeanor of the first degree for a second |
| 534 | violation, punishable as provided in s. 775.082 or s. 775.083, |
| 535 | Florida Statutes. |
| 536 | (c) A felony of the third degree for a third or subsequent |
| 537 | violation, punishable as provided in s. 775.082, s. 775.083, or |
| 538 | s. 775.084, Florida Statutes. |
| 539 | Section 6. Prohibitions and penalties.-- |
| 540 | (1)(a) A person, business entity, talent agency, or |
| 541 | advance-fee talent service shall not accept an advance fee for |
| 542 | procuring, offering, promising, or attempting to procure |
| 543 | employment or engagements for an artist. |
| 544 | (b) A person, business entity, talent agency, or advance- |
| 545 | fee talent service that violates this subsection commits a |
| 546 | felony of the second degree, punishable as provided in s. |
| 547 | 775.082, s. 775.083, or s. 775.084, Florida Statutes. |
| 548 | (2)(a) An advance-fee talent service shall not make any |
| 549 | false statement, representation, promise, or implication by its |
| 550 | choice of name that it is a talent agency. An advance-fee talent |
| 551 | service shall not state, promise, or represent that it will |
| 552 | procure, or attempt to procure, employment or engagements for |
| 553 | the artist. |
| 554 | (b) A person or advance-fee talent service that violates |
| 555 | this subsection commits a felony of the second degree, |
| 556 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 557 | Florida Statutes. |
| 558 | (3)(a) A person, talent agency, or advance-fee talent |
| 559 | service, or an owner, operator, employee, or agent of a talent |
| 560 | agency or advance-fee talent service, shall not: |
| 561 | 1. Give an artist false information, make a false promise |
| 562 | or misrepresentation concerning any engagement or employment, or |
| 563 | make a false or misleading verbal or written promise or |
| 564 | guarantee of any engagement as an artist. |
| 565 | 2. Print, publish, distribute, or cause, authorize, or |
| 566 | knowingly permit the making, printing, publication, or |
| 567 | distribution of any false statement, description, or promise |
| 568 | that would reasonably induce a person to act to his or her |
| 569 | damage or injury. |
| 570 | 3. Knowingly commit, or be a party to, any material fraud, |
| 571 | misrepresentation, concealment, conspiracy, collusion, trick, |
| 572 | scheme, or device whereby any other person lawfully relying upon |
| 573 | the work, representation, or conduct of the talent agency or |
| 574 | advance-fee talent service acts or has acted to his or her |
| 575 | injury or damage. |
| 576 | 4. Commit fraud or deceit in the operation of a talent |
| 577 | agency or advance-fee talent service. |
| 578 | 5. Conspire with another talent agency or advance-fee |
| 579 | talent service or with another person to commit an act that |
| 580 | coerces, intimidates, or precludes another talent agency or |
| 581 | advance-fee talent service from advertising its services. |
| 582 | 6. Solicit business, either personally or through any |
| 583 | other person, using fraud, deception, or misleading statements |
| 584 | or through the exercise of intimidation or undue influence. |
| 585 | 7. Exercise undue influence on the artist in order to |
| 586 | exploit the artist for the financial gain of the talent agency, |
| 587 | advance-fee talent service, or a third party. |
| 588 | 8. Commit sexual misconduct with an artist. An owner, |
| 589 | operator, employee, or agent of the talent agency or advance-fee |
| 590 | talent service shall not use the artist-agent relationship to |
| 591 | induce or attempt to induce the artist to engage or attempt to |
| 592 | engage in sexual activity. |
| 593 | 9. Employ an employee, agent, owner, operator, or other |
| 594 | person with a financial interest who has been convicted of |
| 595 | sexual battery, lewd acts, or other sexual misconduct proscribed |
| 596 | in chapter 800, Florida Statutes, or in s. 794.011, s. 827.071, |
| 597 | s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. |
| 598 | 847.0145, Florida Statutes. |
| 599 | 10. Send, or cause to send, an artist to a house of ill |
| 600 | fame, a house or place of amusement for immoral purposes, a |
| 601 | place where prostitution is performed, or a place for the |
| 602 | modeling or photographing of a minor in the nude, the character |
| 603 | of which could have been ascertained upon reasonable inquiry by |
| 604 | the talent agency or advance-fee talent service. |
| 605 | a. For the purposes of this subparagraph, the term |
| 606 | "modeling or photographing of a minor in the nude" means the |
| 607 | visual display of the buttocks, genitals, or female breast, |
| 608 | areolae, or nipples of a person younger than 18 years of age. |
| 609 | b. This subparagraph does not apply if both parents or the |
| 610 | legal guardian of the minor are fully advised of the intended |
| 611 | activity and both parents or the guardian execute a written |
| 612 | consent for the visual display of their child or ward. |
| 613 | 11. Fail to submit to the fingerprint background check |
| 614 | when required by this act. |
| 615 | (b) A person, talent agency, or advance-fee talent service |
| 616 | that violates this subsection commits a felony of the second |
| 617 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 618 | 775.084, Florida Statutes. |
| 619 | (4)(a) A person, talent agency, or advance-fee talent |
| 620 | service shall not: |
| 621 | 1. Make, or cause to be made, any false, misleading, or |
| 622 | deceptive advertisement or representation concerning the |
| 623 | services the artist will receive or the costs the artist will |
| 624 | incur. |
| 625 | 2. Publish or cause to be published any false, fraudulent, |
| 626 | or misleading information, representation, notice, or |
| 627 | advertisement. |
| 628 | 3. Charge, collect, or receive compensation for any |
| 629 | service performed by the talent agency or advance-fee talent |
| 630 | service greater than the charge, fee, or compensation specified |
| 631 | in its schedule of maximum fees, charges, and commissions. |
| 632 | 4. Advertise goods or services in a manner that is |
| 633 | fraudulent, false, deceptive, or misleading in form or content. |
| 634 | 5. Permit, aid, assist, procure, or advise a person to |
| 635 | operate a talent agency or advance-fee talent service contrary |
| 636 | to this act. |
| 637 | 6. Fail to perform any statutory or legal obligation |
| 638 | required by law for a talent agency or advance-fee talent |
| 639 | service. |
| 640 | 7. Require the applicant or artist to subscribe to or |
| 641 | purchase any publication, postcard service, advertisement, |
| 642 | resume service, photography service, website service, or video |
| 643 | or audiotapes, or attend any school, acting school, workshop, or |
| 644 | acting class as a condition to performing services for an |
| 645 | applicant or artist. |
| 646 | 8. Charge or attempt to charge, directly or indirectly, an |
| 647 | artist for creating or providing photographs, filmstrips, |
| 648 | videotapes, audition tapes, demonstration reels, talent |
| 649 | brochures, or other reproductions of the artist, or for |
| 650 | providing costumes, lessons, coaching, or similar training for |
| 651 | the artist. |
| 652 | 9. Refer an artist to a person who charges the artist a |
| 653 | fee for the services described in this act in which the talent |
| 654 | agency or advance-fee talent service has a direct or indirect |
| 655 | financial interest. |
| 656 | 10. Accept any compensation for referring an artist to a |
| 657 | person charging the artist a fee for the services described in |
| 658 | this act. |
| 659 | 11. Knowingly issue a contract containing any term or |
| 660 | condition that, if complied with, would be in violation of law. |
| 661 | 12. Knowingly send or influence an artist to go to a |
| 662 | prospective employer or place of business the character or |
| 663 | operation of which the talent agency or advance-fee talent |
| 664 | service knows to be in violation of the laws of the United |
| 665 | States or this state. |
| 666 | 13. Divide fees with anyone, including, but not limited |
| 667 | to, an agent or other employee of an employer, buyer, casting |
| 668 | director, producer, or director. |
| 669 | 14. Fail to maintain records required by this act or |
| 670 | knowingly making false entries in the records. |
| 671 | 15. Fail, either before or at the time of executing a |
| 672 | contract, to give the artist a copy of the signed or |
| 673 | authenticated contract listing the services to be provided; an |
| 674 | itemized schedule of maximum fees, charges, and commissions that |
| 675 | it intends to charge and collect for its services; a copy of |
| 676 | this act; a copy of the letter from the Department of Business |
| 677 | and Professional Regulation indicating the results of the |
| 678 | criminal history record; and a copy of a bond. |
| 679 | 16. Charge a registration fee, except as permitted for |
| 680 | advance-fee talent services. |
| 681 | 17. Fail to notify an artist that there is a strike, |
| 682 | lockout, or other labor dispute in active progress before |
| 683 | sending the artist to an engagement. |
| 684 | (b) A person, talent agency, or advance-fee talent service |
| 685 | that violates this subsection commits: |
| 686 | 1. A misdemeanor of the second degree for a first offense, |
| 687 | punishable as provided in s. 775.082 or s. 775.083, Florida |
| 688 | Statutes. |
| 689 | 2. A misdemeanor of the first degree for a second |
| 690 | violation, punishable as provided in s. 775.082 or s. 775.083, |
| 691 | Florida Statutes. |
| 692 | 3. A felony of the third degree for a third or subsequent |
| 693 | violation, punishable as provided in s. 775.082, s. 775.083, or |
| 694 | s. 775.084, Florida Statutes. |
| 695 | Section 7. Remedies.-- |
| 696 | (1)(a) If a state attorney believes there is probable |
| 697 | cause that a talent agency, advanced-fee talent service, or |
| 698 | other person has violated subsection (1), subsection (2), or |
| 699 | subsection (3) of section 6 of this act, the state attorney may |
| 700 | file a civil action in the circuit court to enjoin the talent |
| 701 | agency, advanced-fee talent service, or other person from |
| 702 | continuing the violation or doing any act in furtherance |
| 703 | thereof, and for such other relief as the court deems |
| 704 | appropriate. |
| 705 | (b) A state attorney may file a civil action in circuit |
| 706 | court upon the sworn affidavit of a person alleging a violation |
| 707 | of this act. The court may grant a temporary or permanent |
| 708 | injunction restraining any talent agency, advanced-fee talent |
| 709 | service, or other person from violating this act and the |
| 710 | injunction shall issue without bond. |
| 711 | (2)(a) If an artist or other person is injured by the |
| 712 | misconduct of a talent agency or advance-fee talent service, the |
| 713 | artist may file a civil action in his or her own name upon the |
| 714 | bond of the talent agency or advance-fee talent service in any |
| 715 | court having jurisdiction of the amount claimed. |
| 716 | (b) The artist or other person filing the complaint may |
| 717 | bring the action for temporary or permanent injunctive relief |
| 718 | and may seek other relief, including, but not limited to, |
| 719 | restitution for damages, court costs, a civil penalty not to |
| 720 | exceed $5,000 for each violation, treble damages for injured |
| 721 | parties, and reasonable attorney's fees. |
| 722 | (c) Any claim made by an artist or other person is |
| 723 | assignable, and the assignee is entitled to the same remedies |
| 724 | upon the bond of the talent agency or advance-fee talent service |
| 725 | or otherwise as the artist or other person aggrieved would be |
| 726 | entitled to if the claim had not been assigned. A claim so |
| 727 | assigned may be enforced in the name of the assignee. |
| 728 | (3) The remedies provided in this section are cumulative |
| 729 | and not exclusive of any other remedy provided by law. |
| 730 | Section 8. The regulation of talent agencies by the |
| 731 | Department of Business and Professional Regulation is abolished. |
| 732 | Any funds and balances associated with the regulation of talent |
| 733 | agencies remaining in the Professional Regulation Trust Fund |
| 734 | after July 1, 2005, shall be used to pay any remaining expenses |
| 735 | associated with this regulation. The department shall rebate |
| 736 | talent agency license fees, on a pro rata basis, for the period |
| 737 | beginning July 1, 2005, through the period for which license |
| 738 | fees have been paid. If the account is in a deficit balance, the |
| 739 | funds shall be provided from the General Revenue Fund. Another |
| 740 | profession regulated by the Department of Business and |
| 741 | Professional Regulation shall not be assessed the cost of any |
| 742 | refund. Any funds or balances remaining in the trust fund after |
| 743 | January 1, 2006, shall be transferred to the General Revenue |
| 744 | Fund. |
| 745 | Section 9. The Department of Business and Professional |
| 746 | Regulation may continue to prosecute any legal proceedings and |
| 747 | related administrative cases that are pending on July 1, 2005. |
| 748 | Section 10. For fiscal year 2005-2006, $59,331 in |
| 749 | nonrecurring funds is appropriated to the Department of Business |
| 750 | and Professional Regulation from the General Revenue Fund to |
| 751 | provide pro rata rebates of license fees paid by registrants. |
| 752 | Section 11. This act shall take effect July 1, 2005. |