HB 0873CS

CHAMBER ACTION




1The State Administration Appropriations Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to talent agencies and advance-fee talent
8services; repealing part VII of ch. 468, F.S., relating to
9the regulation of talent agencies; providing definitions;
10requiring each talent agency and advance-fee talent
11service to obtain a surety bond for a specified amount;
12requiring each talent agency and advance-fee talent
13service to give each artist a copy of the bond; providing
14criminal penalties for failing to comply with the bonding
15requirements; requiring each talent agency and advance-fee
16talent service to maintain a permanent office during
17certain specified hours; directing that certain records,
18with specified information in them, be kept for each
19artist; requiring that records be maintained for a
20specified period; directing that all records of a talent
21agency and advance-fee talent service be open to the
22inspection of a state attorney; requiring that the talent
23agency or advance-fee talent service give the state
24attorney a copy of the records when so requested;
25providing criminal penalties if the talent agency or
26advance-fee talent service fails or refuses to disclose
27information to a state attorney; providing criminal
28penalties for failing to comply with the requirements
29pertaining to records; directing a talent agency or
30advance-fee talent service to post an itemized schedule of
31maximum fees, charges, or commissions that it intends to
32charge and collect for its services; providing for the
33location for posting of the schedule; providing criminal
34penalties for failing to post the fee schedule; requiring
35that an artist and a talent agency or advance-fee talent
36service enter into a written contract when such entity
37agrees to perform services for the artist; providing an
38exception under specified circumstances; providing for the
39content of the written contract; requiring that a talent
40agency or advance-fee talent service provide each artist
41with a copy of the contract; requiring any person who
42holds himself or herself out as an employee or agent of a
43talent agency or advance-fee talent service to submit
44fingerprints for background screening requirements prior
45to owning, operating, soliciting business for, or
46otherwise engaging in or carrying on the business of a
47talent agency or advance-fee talent service in this state;
48directing that a talent agency or advance-fee talent
49service provide each artist with a copy of the screening
50results; directing that all money collected by a talent
51agency from an employer or buyer be paid to the artist
52within a specified period; providing that a contract is
53voidable under certain circumstances; permitting an artist
54to cancel a contract by giving written notice of the
55cancellation to the talent agency or advance-fee talent
56service within a specified period; prohibiting an artist
57from waiving the right to cancel a contract; providing the
58way in which a talent agency or advance-fee talent service
59must refund money to an artist; providing criminal
60penalties for violating provisions relating to
61contracting; specifying certain prohibited acts by a
62talent agency or advance-fee talent service; providing
63criminal penalties for failure to comply; providing for
64certain specified civil remedies for violations of the
65act; removing the authority of the Department of Business
66and Professional Regulation to regulate talent agencies;
67providing for the use of certain funds after the effective
68date of the act; requiring the department to rebate talent
69agency license fees; authorizing the department to
70continue to prosecute any legal proceedings and related
71administrative cases that are pending on the effective
72date of the act; providing an appropriation; providing an
73effective date.
74
75Be It Enacted by the Legislature of the State of Florida:
76
77     Section 1.  Part VII of chapter 468, Florida Statutes,
78consisting of sections 468.401, 468.402, 468.403, 468.404,
79468.405, 468.406, 468.407, 468.408, 468.409, 468.410, 468.411,
80468.412, 468.413, 468.414, and 468.415, is repealed.
81     Section 2.  Definitions.--As used in sections 2 through 7
82of this act, the term:
83     (1)  "Advance-fee talent service" means a service practiced
84by a person or business entity, or the person's or business
85entity's employees or authorized agents, which charges, attempts
86to charge, or receives an advance fee from an artist for the
87purpose of promoting, but not procuring, the employment or
88engagement of the artist. Promoting the employment or engagement
89of an artist includes, but is not limited to, the following
90activities:
91     (a)  Promoting or advertising an artist to a casting
92director, talent agency, talent manager, or any other person
93represented to be in a position to offer assistance in procuring
94engagements or employment for the artist.
95     (b)  Promoting or advertising an artist by using the
96Internet, trade publications, or other media.
97     (c)  Registering or listing an artist for employment in the
98entertainment industry or as a customer of the advance-fee
99talent service.
100     (d)  Managing, directing, developing, or advancing the
101artist's career.
102     (e)  Preparing the artist for employment through career
103counseling or consulting, vocational guidance, aptitude testing,
104or evaluation.
105     (2)  "Advance fee" means a fee that is due from or paid by
106an artist before the artist obtains employment as an artist or
107before the artist receives earnings as an artist. An advance fee
108also includes money paid by the artist which exceeds the
109earnings received by the artist.
110     (a)  An advance fee does not include reimbursement for out-
111of-pocket costs actually incurred by an advance-fee talent
112service on behalf of the artist when paying for services
113rendered or goods provided to the artist by an independent third
114party if all of the following conditions are met:
115     1.  The advance-fee talent service does not have a direct
116or an indirect financial interest in the third party.
117     2.  The advance-fee talent service does not accept a
118referral fee or other consideration from the third party.
119     3.  The services rendered or goods provided for the out-of-
120pocket costs are not represented to be, and are not, a condition
121for the advance-fee talent service to register or list the
122artist with the advance-fee talent service.
123     4.  The advance-fee talent service maintains adequate
124records documenting that any amount to be reimbursed to the
125advance-fee talent service was actually advanced or owed to a
126third party, that the third party is not a person in which the
127advance-fee talent service has a direct or indirect financial
128interest, and that the advance-fee talent service did not
129receive any consideration for referring the artist.
130     (b)  The burden of producing evidence to support a defense
131based upon an exemption or an exception provided in paragraph
132(a) is on the advance-fee talent service claiming the exemption
133or exception.
134     (3)  "Artist" means a person who seeks to become or is an
135actor, actress, director, writer, cinematographer, composer,
136lyricist, arranger, model, extra, or other person rendering
137professional services on the legitimate stage or in the
138production of motion pictures, radio productions, musicals,
139television productions, print advertisements, or other
140entertainment enterprises.
141     (4)  "Buyer" or "employer" means a person, company,
142partnership, corporation, or other business entity that uses the
143services 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
146to be paid for services rendered by an individual conducting the
147business of a talent agency or an advance-fee talent service;
148     (b)  Money received by a person in excess of that which has
149been paid by the person for transportation, transfer of baggage,
150or board and lodging for an applicant for employment; or
151     (c)  The difference between the amount of money received by
152a person who furnishes employees, performers, or entertainers
153for circus, vaudeville, theatrical, or other entertainments,
154exhibitions, engagements, or performances and the amount paid by
155the person to an employee, performer, or entertainer.
156     (6)  "Divided fee" means the process by which, without
157written contractual approval of the artist, any two or more
158persons receive compensation for performing services for an
159artist and the total compensation paid to these persons exceeds
160the compensation that would have been paid to only one person
161acting on behalf of the artist.
162     (7)  "Engagement" means any employment or placement of an
163artist during which the artist performs in his or her artistic
164capacity. The term does not apply to procuring opera, music,
165theater, or dance engagements for any nonprofit organization
166defined in s. 501(c)(3) of the Internal Revenue Code or any
167nonprofit arts organization in this state which has received a
168grant from the Division of Cultural Affairs of the Department of
169State or has participated in the state touring program of the
170Division of Cultural Affairs.
171     (8)  "Operator" means the person who is or who will be in
172actual charge of a talent agency or an advance-fee talent
173service.
174     (9)  "Owner" means a partner in a partnership, member of a
175firm, or one or more principal officers of a corporation whose
176partnership, firm, or corporation owns a talent agency or an
177advance-fee talent service, or an individual who is the sole
178owner of a talent agency or an advance-fee talent service.
179     (10)  "Talent agency" or "agency" means a business entity
180or person who, for compensation, engages in the occupation or
181business of procuring or attempting to procure engagements for
182an artist and includes the agency's employees and authorized
183agents.
184     Section 3.  Bond required.--
185     (1)  Each talent agency or advance-fee talent service shall
186obtain a bond in the form of a surety by a reputable company
187engaged in the bonding business which is authorized to do
188business in this state. The bond must be for the penal sum of
189not less than $10,000 and be conditioned on the talent agency or
190advance-fee talent service conforming to and not violating any
191duty, term, condition, provision, or requirement of this act.
192     (2)  A talent agency or advance-fee talent service must
193provide the artist with a copy of the bond.
194     (3)  If a person fails to obtain or maintain a bond
195according to this section, the person commits:
196     (a)  A misdemeanor of the second degree for a first
197violation, punishable as provided in s. 775.082 or s. 775.083,
198Florida Statutes.
199     (b)  A misdemeanor of the first degree for a second
200violation, punishable as provided in s. 775.082 or s. 775.083,
201Florida Statutes.
202     (c)  A felony of the third degree for a third or subsequent
203violation, punishable as provided in s. 775.082, s. 775.083, or
204s. 775.084, Florida Statutes.
205     Section 4.  Office and records.--
206     (1)  A talent agency or advance-fee talent service must
207maintain a permanent office and must maintain regular operating
208hours at that office. The office shall not be located on or
209within any property where intoxicating liquor is sold, where
210gambling is permitted, or where acts of prostitution are
211committed.
212     (2)  A talent agency or advance-fee talent service must
213keep on file the application, registration, and fully executed
214contract of each artist that the talent agency or advance-fee
215talent service represents. The artist file of a talent agency
216must also include the total amount of compensation received by
217the artist, the amount of compensation received by the artist
218for each performance, and documentation of all attempts made by
219the talent agency to procure engagements for the artist. The
220artist file of an advance-fee talent service must also include
221documentation of all attempts to promote or advertise the
222artist.
223     (3)  A talent agency or advance-fee talent service shall
224not knowingly make a false entry in an applicant's file or
225receipt file.
226     (4)  Each document in the file must be preserved for a
227period of not less than 5 years after the date of the last entry
228entered into the file.
229     (5)(a)  All books, records, and other papers kept under
230this act by a talent agency or advance-fee talent service must
231be open to the inspection of a state attorney, or the state
232attorney's authorized agent, at any reasonable hour. The talent
233agency or advance-fee talent service must give the state
234attorney a true copy of the books, records, and papers, or any
235portion thereof, when so requested.
236     (b)  A person may not refuse to disclose any information
237within his or her knowledge as required by this subsection, or
238fail or refuse to produce any document, book, or record for
239inspection which is in his or her possession, to a state
240attorney or the state attorney's authorized agent.
241     (c)  If a person fails or refuses to disclose information
242to a state attorney as required by this subsection, the person
243commits a misdemeanor of the second degree, punishable as
244provided in s. 775.082 or s. 775.083, Florida Statutes.
245     (6)  A talent agency must maintain records that contain all
246of the following information or documents:
247     (a)  The name and current address of each artist employing
248the talent agency.
249     (b)  The amount of commissions the talent agency has
250received from each artist.
251     (c)  A record sheet for each engagement obtained by the
252talent agency. The record sheet is the only record required to
253show engagements. The record sheet must be kept in the artist's
254file for a period of not less than 5 years after the date of the
255last record sheet that was posted in the artist's file.
256     (d)  The engagement the artist was performing in at the
257time the artist was retained by the talent agency. The documents
258must include the amount of compensation received by the artist
259from this engagement.
260     (e)  The engagements the talent agency procured for the
261artist after the artist and talent agency entered into a
262contract. The documents must include the amount of compensation
263received by the artist from the engagements obtained for the
264artist during the life of the contract.
265     (7)  An advance-fee talent service must maintain records
266that contain all of the following information or documents:
267     (a)  The name and current address of each artist employing
268the advance-fee talent service.
269     (b)  The amount of the advance fees paid by or for the
270artist during the term of the contract with the advance-fee
271talent service.
272     (c)  A record of all efforts made in promoting the artist.
273A record of each effort to promote the artist must be maintained
274in the artist's file for a period of not less than 5 years after
275the effort to promote the artist was made.
276     (8)(a)  If a person fails to maintain a permanent office
277and keep regular hours at that office, fails to maintain records
278and files as required by subsection (7), or knowingly makes
279false entries in an artist's files, the person commits:
280     1.  A misdemeanor of the second degree for a first
281violation, punishable as provided in s. 775.082 or s. 775.083,
282Florida Statutes.
283     2.  A misdemeanor of the first degree for a second
284violation, punishable as provided in s. 775.082 or s. 775.083,
285Florida Statutes.
286     3.  A felony of the third degree for a third or subsequent
287violation, punishable as provided in s. 775.082, s. 775.083, or
288s. 775.084, Florida Statutes.
289     (b)  If a person establishes or keeps an office where
290intoxicating liquor is sold, where gambling is permitted, or
291where acts of prostitution are committed, the person commits a
292felony of the second degree, punishable as provided in s.
293775.082, 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
296post an itemized schedule of maximum fees, charges, or
297commissions that it intends to charge and collect for its
298services. The schedule must be posted in a conspicuous place in
299each place of business. The schedule must be printed in not less
300than 30-point boldfaced type.
301     (b)  A talent agency that uses a written contract
302containing a schedule of its maximum fees, charges, and
303commissions is not required to post the schedule.
304     (c)  If a person fails to post in a conspicuous place a
305schedule of the itemized fees, charges, and commissions, if
306required to do so, the person commits:
307     1.  A misdemeanor of the second degree for a first
308violation, punishable as provided in s. 775.082 or s. 775.083,
309Florida Statutes.
310     2.  A misdemeanor of the first degree for a second
311violation, punishable as provided in s. 775.082 or s. 775.083,
312Florida Statutes.
313     3.  A felony of the third degree for a third or subsequent
314violation, punishable as provided in s. 775.082, s. 775.083, or
315s. 775.084, Florida Statutes.
316     (2)  An artist and a talent agency or advance-fee talent
317service must enter into a written contract when the parties
318agree that a talent agency or advance-fee talent service shall
319perform services for the artist. If the circumstances of the
320arrangement between the artist and the talent agency or advance-
321fee talent service prevent the execution of a contract before
322the artist performs, the artist and the talent agency or
323advance-fee talent service must execute the contract no later
324than 7 days after the first performance.
325     (3)  The contract must incorporate the full agreement
326between the artist and the talent agency or advance-fee talent
327service, be contained in a single document, and include the
328elements set forth in this section.
329     (4)  Each contract between an artist and an advance-fee
330talent service must contain all of the following provisions:
331     (a)  A description of the specific services to be performed
332by the advance-fee talent service, the duration of the contract,
333and the refund provisions if the services are not provided
334according to the contract.
335     (b)  A statement of the fees that the advance-fee talent
336service will charge to or collect from the artist receiving the
337services and the date or dates when the artist must pay the
338fees.
339     (c)  The following statement, in type no smaller than 10-
340point boldfaced type and in close proximity to the artist's
341signature, must be included in each advance-fee talent service
342contract:
343
RIGHT TO REFUND
344
345If you pay in advance all or any portion of a fee
346charged to you by (name of advance-fee talent service)
347and you fail to receive the services promised to you
348or that you were led to believe would be performed,
349(name of advance-fee talent service) shall, upon your
350request, return the full amount paid by you within 48
351hours after your request for a refund. If the refund
352is not made within 48 hours, (name of advance-fee
353talent service) shall also pay to you, in addition to
354the refund due to you, a sum equal to the amount of
355the refund.
356
YOUR RIGHT TO CANCEL
357
358
359
(enter date of transaction)
360
361You may cancel this contract for advance-fee talent
362services without any penalty or obligation if you give
363notice of the cancellation, in writing, no later than
36414 days after the date of the transaction stated
365above. If you wish to cancel the contract, you must
366mail or deliver a signed and dated copy of the
367following cancellation notice, another written
368document notifying the advance-fee talent service that
369you intend to cancel the contract, or send a telegram,
370fax, or e-mail notifying the advance-fee talent
371service that you intend to cancel the contract, to
372(name of advance-fee talent service) at (address of
373its place of business) NOT LATER THAN MIDNIGHT AFTER
374(enter the date). ONLY A TALENT AGENCY MAY ENGAGE IN
375THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR
376ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN
377ARTIST.
378
CANCELLATION NOTICE
379
380
381I hereby cancel this contract.
382Dated:
383________________________________________
384Artist Signature.
385
386     (5)  A talent agency or advance-fee talent service must
387give each artist a copy of the signed or authenticated contract
388listing the services to be provided and the fees, charges, or
389commissions to be charged at the time the contract is signed.
390     (6)  A talent agency or advance-fee talent service must
391give each artist a copy of this act at the time the contract is
392signed.
393     (7)(a)  Before owning, operating, soliciting business for,
394or otherwise engaging in or carrying on the business of a talent
395agency or advance-fee talent service in this state, each agent,
396owner, operator, or other person who is acting as or has a
397financial interest in a talent agency or advance-fee talent
398service must submit a full set of fingerprints as required by
399paragraph (b) and must obtain and maintain a letter, as provided
400in paragraph (e), from the Department of Business and
401Professional Regulation documenting that the results of the
402criminal history check do not disqualify the agent, owner,
403operator, or other person who is acting as or has a financial
404interest in a talent agency or advance-fee talent service.
405     (b)  Each owner of a talent agency or advance-fee talent
406service shall submit to the Department of Business and
407Professional Regulation a full set of fingerprints, along with
408all applicable fees for processing and maintenance, of each
409agent, owner, operator, or other person having a financial
410interest in the talent agency or advance-fee talent service.
411     (c)  The fingerprint card or electronic fingerprints must
412be forwarded to the Department of Law Enforcement for purposes
413of processing the fingerprints to determine if the applicant has
414a state criminal history record. The fingerprints must also be
415forwarded to the Federal Bureau of Investigation for purposes of
416processing the fingerprints to determine if the applicant has a
417national criminal history record. The information obtained by
418the processing of the fingerprints by the Department of Law
419Enforcement and the Federal Bureau of Investigation shall be
420sent to the Department of Business and Professional Regulation
421for the purpose of determining if any agent, owner, operator, or
422other person having a financial interest in the talent agency or
423advance-fee talent service has been found guilty of, regardless
424of adjudication, or entered a plea of nolo contendere or guilty
425to sexual battery, lewd acts, or other sexual misconduct
426proscribed in chapter 800, Florida Statutes, or in s. 794.011,
427s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or
428s. 847.0145, Florida Statutes.
429     (d)  The cost for the fingerprint processing shall be borne
430by the person subject to the criminal history record check. The
431fingerprint processing and maintenance fee shall be collected by
432the Department of Business and Professional Regulation through a
433process established by rule in an amount not to exceed $100. The
434Department of Law Enforcement shall render a bill to the
435Department of Business and Professional Regulation for the
436fingerprints submitted by the Department of Business and
437Professional Regulation each month.
438     (e)  Upon receipt and review of each criminal history
439record, the Department of Business and Professional Regulation
440shall, within 30 days, issue a letter to the talent agency or
441advance-fee talent service notifying the talent agency or
442advance-fee talent service:
443     1.  That the results of the criminal history check do not
444disqualify the agent, owner, operator, or other person who is
445acting as or has a financial interest in a talent agency or
446advance-fee talent service; or
447     2.  That the results of the criminal history check
448disqualify the agent, owner, operator, or other person who is
449acting as or has a financial interest in a talent agency or
450advance-fee talent service.
451     (f)  Each talent agency and advance-fee talent service must
452give the artist a copy of the letter issued by the Department of
453Business and Professional Regulation documenting that the
454results of the criminal history check do not disqualify the
455agent, owner, operator, or other person who is acting as or has
456a financial interest in a talent agency or advance-fee talent
457service, as provided under subparagraph (e)2., before executing
458a contract with an artist. The letter must have been issued
459within the previous 36 months.
460     (g)  If any talent agency or advance-fee talent service
461agent, owner, or operator, or any other person who is acting as
462or has a financial interest in a talent agency or advance-fee
463talent service, fails to submit fingerprints for the background
464check as required by this subsection, the person commits a
465felony of the second degree, punishable as provided in s.
466775.082, s. 775.083, or s. 775.084, Florida Statutes.
467     (8)(a)  All money collected by a talent agency from an
468employer or buyer for the benefit of an artist must be paid to
469the artist within 7 business days after receiving the money from
470the employer. The talent agency may reduce the amount paid to
471the artist by the talent agency's commission.
472     (b)  A talent agency is not required to pay money to an
473artist until the talent agency receives payment from the
474employer or buyer.
475     (9)  A contract entered into by a talent agency or advance-
476fee talent service which does not conform to this act is
477voidable by the artist. If an artist voids a contract with a
478talent agency or advance-fee talent service, the artist is not
479required to pay or return any consideration received from the
480talent agency or advance-fee talent service to induce the artist
481to enter into the contract.
482     (10)  An artist may cancel a contract with a talent agency
483or advance-fee talent service by giving written notice of the
484cancellation to the talent agency or advance-fee talent service
485no later than 14 days after the date of transaction. If an
486artist cancels a contract, the artist is not required to pay or
487return any consideration received from the talent agency or
488advance-fee talent service to induce the artist to enter into
489the contract.
490     (11)  An artist shall not waive the right to cancel a
491contract with a talent agency or advance-fee talent service as
492provided in this act. Any attempt by a talent agency or advance-
493fee talent service to induce an artist to waive the artist's
494right to cancel the contract is a violation of this act.
495     (12)(a)  If an artist gives consideration to a talent
496agency to be used for expenses to obtain a specific engagement
497or employment and the talent agency fails to procure the
498specific engagement or employment for the artist, the talent
499agency shall, upon the artist's demand, repay all consideration
500paid by the artist.
501     (b)  The talent agency must refund the consideration to the
502artist no later than 48 hours after receiving the demand from
503the artist. If the talent agency does not refund the artist
504within the prescribed time period, the talent agency must pay
505the artist a penalty that is equal to the amount of all
506consideration paid to the talent agency.
507     (13)  An advance-fee talent service must refund fees as
508follows:
509     (a)  If the artist does not receive the services promised
510or the services the artist was led to believe would be
511performed, the advance-fee talent service must, upon the
512artist's demand, refund the artist any fees collected by the
513advance-fee talent service for those services. The advance-fee
514talent service must make the refund to the artist no later than
51548 hours after the artist demands the refund. If the advance-fee
516talent service does not refund the artist within the prescribed
517time period, the advance-fee talent service must pay the artist
518a penalty that is equal to the amount of all fees paid to the
519advance-fee talent service.
520     (b)  If an artist cancels the contract, the advance-fee
521talent service must refund in full all fees paid by the artist.
522The advance-fee talent service must refund the fees no later
523than 14 days after the artist cancels the contract. If the
524advance-fee talent service does not refund the artist within the
525prescribed time period, the advance-fee talent service must pay
526the artist a penalty that is equal to the amount of all fees
527paid to the advance-fee talent service.
528     (14)  A talent agency or advance-fee talent service that
529violates this section commits:
530     (a)  A misdemeanor of the second degree for a first
531violation, punishable as provided in s. 775.082 or s. 775.083,
532Florida Statutes.
533     (b)  A misdemeanor of the first degree for a second
534violation, punishable as provided in s. 775.082 or s. 775.083,
535Florida Statutes.
536     (c)  A felony of the third degree for a third or subsequent
537violation, punishable as provided in s. 775.082, s. 775.083, or
538s. 775.084, Florida Statutes.
539     Section 6.  Prohibitions and penalties.--
540     (1)(a)  A person, business entity, talent agency, or
541advance-fee talent service shall not accept an advance fee for
542procuring, offering, promising, or attempting to procure
543employment or engagements for an artist.
544     (b)  A person, business entity, talent agency, or advance-
545fee talent service that violates this subsection commits a
546felony of the second degree, punishable as provided in s.
547775.082, s. 775.083, or s. 775.084, Florida Statutes.
548     (2)(a)  An advance-fee talent service shall not make any
549false statement, representation, promise, or implication by its
550choice of name that it is a talent agency. An advance-fee talent
551service shall not state, promise, or represent that it will
552procure, or attempt to procure, employment or engagements for
553the artist.
554     (b)  A person or advance-fee talent service that violates
555this subsection commits a felony of the second degree,
556punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
557Florida Statutes.
558     (3)(a)  A person, talent agency, or advance-fee talent
559service, or an owner, operator, employee, or agent of a talent
560agency or advance-fee talent service, shall not:
561     1.  Give an artist false information, make a false promise
562or misrepresentation concerning any engagement or employment, or
563make a false or misleading verbal or written promise or
564guarantee of any engagement as an artist.
565     2.  Print, publish, distribute, or cause, authorize, or
566knowingly permit the making, printing, publication, or
567distribution of any false statement, description, or promise
568that would reasonably induce a person to act to his or her
569damage or injury.
570     3.  Knowingly commit, or be a party to, any material fraud,
571misrepresentation, concealment, conspiracy, collusion, trick,
572scheme, or device whereby any other person lawfully relying upon
573the work, representation, or conduct of the talent agency or
574advance-fee talent service acts or has acted to his or her
575injury or damage.
576     4.  Commit fraud or deceit in the operation of a talent
577agency or advance-fee talent service.
578     5.  Conspire with another talent agency or advance-fee
579talent service or with another person to commit an act that
580coerces, intimidates, or precludes another talent agency or
581advance-fee talent service from advertising its services.
582     6.  Solicit business, either personally or through any
583other person, using fraud, deception, or misleading statements
584or through the exercise of intimidation or undue influence.
585     7.  Exercise undue influence on the artist in order to
586exploit the artist for the financial gain of the talent agency,
587advance-fee talent service, or a third party.
588     8.  Commit sexual misconduct with an artist. An owner,
589operator, employee, or agent of the talent agency or advance-fee
590talent service shall not use the artist-agent relationship to
591induce or attempt to induce the artist to engage or attempt to
592engage in sexual activity.
593     9.  Employ an employee, agent, owner, operator, or other
594person with a financial interest who has been convicted of
595sexual battery, lewd acts, or other sexual misconduct proscribed
596in chapter 800, Florida Statutes, or in s. 794.011, s. 827.071,
597s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s.
598847.0145, Florida Statutes.
599     10.  Send, or cause to send, an artist to a house of ill
600fame, a house or place of amusement for immoral purposes, a
601place where prostitution is performed, or a place for the
602modeling or photographing of a minor in the nude, the character
603of which could have been ascertained upon reasonable inquiry by
604the 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
607visual display of the buttocks, genitals, or female breast,
608areolae, or nipples of a person younger than 18 years of age.
609     b.  This subparagraph does not apply if both parents or the
610legal guardian of the minor are fully advised of the intended
611activity and both parents or the guardian execute a written
612consent for the visual display of their child or ward.
613     11.  Fail to submit to the fingerprint background check
614when required by this act.
615     (b)  A person, talent agency, or advance-fee talent service
616that violates this subsection commits a felony of the second
617degree, punishable as provided in s. 775.082, s. 775.083, or s.
618775.084, Florida Statutes.
619     (4)(a)  A person, talent agency, or advance-fee talent
620service shall not:
621     1.  Make, or cause to be made, any false, misleading, or
622deceptive advertisement or representation concerning the
623services the artist will receive or the costs the artist will
624incur.
625     2.  Publish or cause to be published any false, fraudulent,
626or misleading information, representation, notice, or
627advertisement.
628     3.  Charge, collect, or receive compensation for any
629service performed by the talent agency or advance-fee talent
630service greater than the charge, fee, or compensation specified
631in its schedule of maximum fees, charges, and commissions.
632     4.  Advertise goods or services in a manner that is
633fraudulent, false, deceptive, or misleading in form or content.
634     5.  Permit, aid, assist, procure, or advise a person to
635operate a talent agency or advance-fee talent service contrary
636to this act.
637     6.  Fail to perform any statutory or legal obligation
638required by law for a talent agency or advance-fee talent
639service.
640     7.  Require the applicant or artist to subscribe to or
641purchase any publication, postcard service, advertisement,
642resume service, photography service, website service, or video
643or audiotapes, or attend any school, acting school, workshop, or
644acting class as a condition to performing services for an
645applicant or artist.
646     8.  Charge or attempt to charge, directly or indirectly, an
647artist for creating or providing photographs, filmstrips,
648videotapes, audition tapes, demonstration reels, talent
649brochures, or other reproductions of the artist, or for
650providing costumes, lessons, coaching, or similar training for
651the artist.
652     9.  Refer an artist to a person who charges the artist a
653fee for the services described in this act in which the talent
654agency or advance-fee talent service has a direct or indirect
655financial interest.
656     10.  Accept any compensation for referring an artist to a
657person charging the artist a fee for the services described in
658this act.
659     11.  Knowingly issue a contract containing any term or
660condition that, if complied with, would be in violation of law.
661     12.  Knowingly send or influence an artist to go to a
662prospective employer or place of business the character or
663operation of which the talent agency or advance-fee talent
664service knows to be in violation of the laws of the United
665States or this state.
666     13.  Divide fees with anyone, including, but not limited
667to, an agent or other employee of an employer, buyer, casting
668director, producer, or director.
669     14.  Fail to maintain records required by this act or
670knowingly making false entries in the records.
671     15.  Fail, either before or at the time of executing a
672contract, to give the artist a copy of the signed or
673authenticated contract listing the services to be provided; an
674itemized schedule of maximum fees, charges, and commissions that
675it intends to charge and collect for its services; a copy of
676this act; a copy of the letter from the Department of Business
677and Professional Regulation indicating the results of the
678criminal history record; and a copy of a bond.
679     16.  Charge a registration fee, except as permitted for
680advance-fee talent services.
681     17.  Fail to notify an artist that there is a strike,
682lockout, or other labor dispute in active progress before
683sending the artist to an engagement.
684     (b)  A person, talent agency, or advance-fee talent service
685that violates this subsection commits:
686     1.  A misdemeanor of the second degree for a first offense,
687punishable as provided in s. 775.082 or s. 775.083, Florida
688Statutes.
689     2.  A misdemeanor of the first degree for a second
690violation, punishable as provided in s. 775.082 or s. 775.083,
691Florida Statutes.
692     3.  A felony of the third degree for a third or subsequent
693violation, punishable as provided in s. 775.082, s. 775.083, or
694s. 775.084, Florida Statutes.
695     Section 7.  Remedies.--
696     (1)(a)  If a state attorney believes there is probable
697cause that a talent agency, advanced-fee talent service, or
698other person has violated subsection (1), subsection (2), or
699subsection (3) of section 6 of this act, the state attorney may
700file a civil action in the circuit court to enjoin the talent
701agency, advanced-fee talent service, or other person from
702continuing the violation or doing any act in furtherance
703thereof, and for such other relief as the court deems
704appropriate.
705     (b)  A state attorney may file a civil action in circuit
706court upon the sworn affidavit of a person alleging a violation
707of this act. The court may grant a temporary or permanent
708injunction restraining any talent agency, advanced-fee talent
709service, or other person from violating this act and the
710injunction shall issue without bond.
711     (2)(a)  If an artist or other person is injured by the
712misconduct of a talent agency or advance-fee talent service, the
713artist may file a civil action in his or her own name upon the
714bond of the talent agency or advance-fee talent service in any
715court having jurisdiction of the amount claimed.
716     (b)  The artist or other person filing the complaint may
717bring the action for temporary or permanent injunctive relief
718and may seek other relief, including, but not limited to,
719restitution for damages, court costs, a civil penalty not to
720exceed $5,000 for each violation, treble damages for injured
721parties, and reasonable attorney's fees.
722     (c)  Any claim made by an artist or other person is
723assignable, and the assignee is entitled to the same remedies
724upon the bond of the talent agency or advance-fee talent service
725or otherwise as the artist or other person aggrieved would be
726entitled to if the claim had not been assigned. A claim so
727assigned may be enforced in the name of the assignee.
728     (3)  The remedies provided in this section are cumulative
729and not exclusive of any other remedy provided by law.
730     Section 8.  The regulation of talent agencies by the
731Department of Business and Professional Regulation is abolished.
732Any funds and balances associated with the regulation of talent
733agencies remaining in the Professional Regulation Trust Fund
734after July 1, 2005, shall be used to pay any remaining expenses
735associated with this regulation. The department shall rebate
736talent agency license fees, on a pro rata basis, for the period
737beginning July 1, 2005, through the period for which license
738fees have been paid. If the account is in a deficit balance, the
739funds shall be provided from the General Revenue Fund. Another
740profession regulated by the Department of Business and
741Professional Regulation shall not be assessed the cost of any
742refund. Any funds or balances remaining in the trust fund after
743January 1, 2006, shall be transferred to the General Revenue
744Fund.
745     Section 9.  The Department of Business and Professional
746Regulation may continue to prosecute any legal proceedings and
747related administrative cases that are pending on July 1, 2005.
748     Section 10.  For fiscal year 2005-2006, $59,331 in
749nonrecurring funds is appropriated to the Department of Business
750and Professional Regulation from the General Revenue Fund to
751provide pro rata rebates of license fees paid by registrants.
752     Section 11.  This act shall take effect July 1, 2005.


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