Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1050
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/17/2016           .                                

       Appropriations Subcommittee on General Government (Simpson)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 134 - 137
    4  and insert:
    5         Section 10. Section 468.401, Florida Statutes, is amended
    6  to read:
    7         468.401 Regulation of Talent agencies; definitions.—As used
    8  in this part or any rule adopted pursuant hereto:
    9         (1) “Talent agency” means any person who, for compensation,
   10  engages in the occupation or business of procuring or attempting
   11  to procure engagements for an artist.
   12         (2) “Owner” means any partner in a partnership, member of a
   13  firm, or principal officer or officers of a corporation, whose
   14  partnership, firm, or corporation owns a talent agency, or any
   15  individual who is the sole owner of a talent agency.
   16         (3) “Compensation” means any one or more of the following:
   17         (a) Any money or other valuable consideration paid or
   18  promised to be paid for services rendered by any person
   19  conducting the business of a talent agency under this part;
   20         (b) Any money received by any person in excess of that
   21  which has been paid out by such person for transportation,
   22  transfer of baggage, or board and lodging for any applicant for
   23  employment; or
   24         (c) The difference between the amount of money received by
   25  any person who furnishes employees, performers, or entertainers
   26  for circus, vaudeville, theatrical, or other entertainments,
   27  exhibitions, engagements, or performances and the amount paid by
   28  him or her to such employee, performer, or entertainer.
   29         (4) “Engagement” means any employment or placement of an
   30  artist, where the artist performs in his or her artistic
   31  capacity. However, the term “engagement” shall not apply to
   32  procuring opera, music, theater, or dance engagements for any
   33  organization defined in s. 501(c)(3) of the Internal Revenue
   34  Code or any nonprofit Florida arts organization that has
   35  received a grant from the Division of Cultural Affairs of the
   36  Department of State or has participated in the state touring
   37  program of the Division of Cultural Affairs.
   38         (5) “Department” means the Department of Business and
   39  Professional Regulation.
   40         (5)(6) “Operator” means the person who is or who will be in
   41  actual charge of a talent agency.
   42         (6)(7) “Buyer” or “employer” means a person, company,
   43  partnership, or corporation that uses the services of a talent
   44  agency to provide artists.
   45         (7)(8) “Artist” means a person performing on the
   46  professional stage or in the production of television, radio, or
   47  motion pictures; a musician or group of musicians; or a model.
   48         (8)(9) “Person” means any individual, company, society,
   49  firm, partnership, association, corporation, manager, or any
   50  agent or employee of any of the foregoing.
   51         (10) “License” means a license issued by the Department of
   52  Business and Professional Regulation to carry on the business of
   53  a talent agency under this part.
   54         (11) “Licensee” means a talent agency which holds a valid
   55  unrevoked and unforfeited license issued under this part.
   56         Section 11. Section 468.402, Florida Statutes, is repealed.
   57         Section 12. Section 468.403, Florida Statutes, is repealed.
   58         Section 13. Section 468.404, Florida Statutes, is repealed.
   59         Section 14. Section 468.405, Florida Statutes, is repealed.
   60         Section 15. Subsection (1) of section 468.406, Florida
   61  Statutes, is amended to read:
   62         468.406 Fees to be charged by talent agencies; rates;
   63  display.—
   64         (1) Each owner or operator of a talent agency shall post
   65  applicant for a license shall file with the application an
   66  itemized schedule of maximum fees, charges, and commissions that
   67  which it intends to charge and collect for its services. This
   68  schedule may thereafter be raised only by filing with the
   69  department an amended or supplemental schedule at least 30 days
   70  before the change is to become effective. The schedule shall be
   71  posted in a conspicuous place in each place of business of the
   72  agency, and the schedule shall be printed in not less than a 30
   73  point boldfaced type, except that an agency that uses written
   74  contracts containing maximum fee schedules need not post such
   75  schedules.
   76         Section 16. Section 468.407, Florida Statutes, is repealed.
   77         Section 17. Subsection (1) of section 468.408, Florida
   78  Statutes, is amended to read:
   79         468.408 Bond required.—
   80         (1) A There shall be filed with the department for each
   81  talent agency shall obtain license a bond in the form of a
   82  surety by a reputable company engaged in the bonding business
   83  and authorized to do business in this state. The bond shall be
   84  for the penal sum of $5,000, with one or more sureties to be
   85  approved by the department, and be conditioned that the talent
   86  agency applicant conform to and not violate any of the duties,
   87  terms, conditions, provisions, or requirements of this part.
   88         (a) If any person is aggrieved by the misconduct of any
   89  talent agency, the person may maintain an action in his or her
   90  own name upon the bond of the agency in any court having
   91  jurisdiction of the amount claimed. All such claims shall be
   92  assignable, and the assignee shall be entitled to the same
   93  remedies, upon the bond of the agency or otherwise, as the
   94  person aggrieved would have been entitled to if such claim had
   95  not been assigned. Any claim or claims so assigned may be
   96  enforced in the name of such assignee.
   97         (b) The bonding company shall notify the talent agency the
   98  department of any claim against such bond, and a copy of such
   99  notice shall be sent to the talent agency against which the
  100  claim is made.
  101         Section 18. Section 468.409, Florida Statutes, is amended
  102  to read:
  103         468.409 Records required to be kept.—Each talent agency
  104  shall keep on file the application, registration, or contract of
  105  each artist. In addition, such file must include the name and
  106  address of each artist, the amount of the compensation received,
  107  and all attempts to procure engagements for the artist. No such
  108  agency or employee thereof shall knowingly make any false entry
  109  in applicant files or receipt files. Each card or document in
  110  such files shall be preserved for a period of 1 year after the
  111  date of the last entry thereon. Records required under this
  112  section shall be readily available for inspection by the
  113  department during reasonable business hours at the talent
  114  agency’s principal office. A talent agency must provide the
  115  department with true copies of the records in the manner
  116  prescribed by the department.
  117         Section 19. Subsection (3) of section 468.410, Florida
  118  Statutes, is amended to read:
  119         468.410 Prohibition against registration fees; referral.—
  120         (3) A talent agency shall give each applicant a copy of a
  121  contract, within 24 hours after the contract’s execution, which
  122  lists the services to be provided and the fees to be charged.
  123  The contract shall state that the talent agency is regulated by
  124  the department and shall list the address and telephone number
  125  of the department.
  126         Section 20. Section 468.412, Florida Statutes, is amended
  127  to read:
  128         468.412 Talent agency regulations; prohibited acts.—
  129         (1) A talent agency shall maintain a record sheet for each
  130  booking. This shall be the only required record of placement and
  131  shall be kept for a period of 1 year after the date of the last
  132  entry in the buyer’s file.
  133         (2) Each talent agency shall keep records in which shall be
  134  entered:
  135         (a) The name and address of each artist employing such
  136  talent agency;
  137         (b) The amount of fees received from each such artist; and
  138         (c) The employment in which each such artist is engaged at
  139  the time of employing such talent agency and the amount of
  140  compensation of the artist in such employment, if any, and the
  141  employments subsequently secured by such artist during the term
  142  of the contract between the artist and the talent agency and the
  143  amount of compensation received by the artist pursuant thereto.;
  144  and
  145         (d) Other information which the department may require from
  146  time to time.
  147         (3) All books, records, and other papers kept pursuant to
  148  this act by any talent agency shall be open at all reasonable
  149  hours to the inspection of the department and its agents. Each
  150  talent agency shall furnish to the department, upon request, a
  151  true copy of such books, records, and papers, or any portion
  152  thereof, and shall make such reports as the department may
  153  prescribe from time to time.
  154         (3)(4) Each talent agency shall post in a conspicuous place
  155  in the office of such talent agency a printed copy of this part
  156  and of the rules adopted under this part. Such copies shall also
  157  contain the name and address of the officer charged with
  158  enforcing this part. The department shall furnish to talent
  159  agencies printed copies of any statute or rule required to be
  160  posted under this subsection.
  161         (4)(a)(5)(a) No talent agency may knowingly issue a
  162  contract for employment containing any term or condition which,
  163  if complied with, would be in violation of law, or attempt to
  164  fill an order for help to be employed in violation of law.
  165         (b) A talent agency must advise an artist, in writing, that
  166  the artist has a right to rescind a contract for employment
  167  within the first 3 business days after the contract’s execution.
  168  Any engagement procured by the talent agency for the artist
  169  during the first 3 business days of the contract remains
  170  commissionable to the talent agency.
  171         (5)(6) No talent agency may publish or cause to be
  172  published any false, fraudulent, or misleading information,
  173  representation, notice, or advertisement. All advertisements of
  174  a talent agency by means of card, circulars, or signs, and in
  175  newspapers and other publications, and all letterheads,
  176  receipts, and blanks shall be printed and contain the licensed
  177  name, department license number, and address of the talent
  178  agency and the words “talent agency.” No talent agency may give
  179  any false information or make any false promises or
  180  representations concerning an engagement or employment to any
  181  applicant who applies for an engagement or employment.
  182         (6)(7) No talent agency may send or cause to be sent any
  183  person as an employee to any house of ill fame, to any house or
  184  place of amusement for immoral purposes, to any place resorted
  185  to for the purposes of prostitution, to any place for the
  186  modeling or photographing of a minor in the nude in the absence
  187  of written permission from the minor’s parents or legal
  188  guardians, the character of which places the talent agency could
  189  have ascertained upon reasonable inquiry.
  190         (7)(8) No talent agency, without the written consent of the
  191  artist, may divide fees with anyone, including, but not limited
  192  to, an agent or other employee of an employer, a buyer, a
  193  casting director, a producer, a director, or any venue that uses
  194  entertainment. For purposes of this subsection, to “divide fees”
  195  includes the sharing among two or more persons of those fees
  196  charged to an artist for services performed on behalf of that
  197  artist, the total amount of which fees exceeds the amount that
  198  would have been charged to the artist by the talent agency
  199  alone.
  200         (8)(9) If a talent agency collects from an artist a fee or
  201  expenses for obtaining employment for the artist, and the artist
  202  fails to procure such employment, or the artist fails to be paid
  203  for such employment if procured, such talent agency shall, upon
  204  demand therefor, repay to the artist the fee and expenses so
  205  collected. Unless repayment thereof is made within 48 hours
  206  after demand therefor, the talent agency shall pay to the artist
  207  an additional sum equal to the amount of the fee.
  208         (9)(10) Each talent agency must maintain a permanent office
  209  and must maintain regular operating hours at that office.
  210         (10)(11) A talent agency may assign an engagement contract
  211  to another talent agency licensed in this state only if the
  212  artist agrees in writing to the assignment. The assignment must
  213  occur, and written notice of the assignment must be given to the
  214  artist, within 30 days after the artist agrees in writing to the
  215  assignment.
  216         Section 21. Section 468.413, Florida Statutes, is amended
  217  to read:
  218         468.413 Legal requirements; penalties.—
  219         (1) Each of the following acts constitutes a felony of the
  220  third degree, punishable as provided in s. 775.082, s. 775.083,
  221  or s. 775.084:
  222         (a) Owning or operating, or soliciting business as, a
  223  talent agency in this state without first procuring a license
  224  from the department.
  225         (b) Obtaining or attempting to obtain a license by means of
  226  fraud, misrepresentation, or concealment.
  227         (2) Each of the following acts constitutes a misdemeanor of
  228  the second degree, punishable as provided in s. 775.082 or s.
  229  775.083:
  230         (a) Relocating a business as a talent agency, or operating
  231  under any name other than that designated on the license, unless
  232  written notification is given to the department and to the
  233  surety or sureties on the original bond, and unless the license
  234  is returned to the department for the recording thereon of such
  235  changes.
  236         (b) Assigning or attempting to assign a license issued
  237  under this part.
  238         (c) Failing to show on a license application whether or not
  239  the agency or any owner of the agency is financially interested
  240  in any other business of like nature and, if so, failing to
  241  specify such interest or interests.
  242         (a)(d) Failing to maintain the records required by s.
  243  468.409 or knowingly making false entries in such records.
  244         (b)(e) Requiring as a condition to registering or obtaining
  245  employment or placement for any applicant that the applicant
  246  subscribe to, purchase, or attend any publication, postcard
  247  service, advertisement, resume service, photography service,
  248  school, acting school, workshop, or acting workshop.
  249         (c)(f) Failing to give each applicant a copy of a contract
  250  which lists the services to be provided and the fees to be
  251  charged by, which states that the talent agency is regulated by
  252  the department, and which lists the address and telephone number
  253  of the department.
  254         (d)(g) Failing to maintain a record sheet as required by s.
  255  468.412(1).
  256         (e)(h) Knowingly sending or causing to be sent any artist
  257  to a prospective employer or place of business, the character or
  258  operation of which employer or place of business the talent
  259  agency knows to be in violation of the laws of the United States
  260  or of this state.
  261         (3) The court may, in addition to other punishment provided
  262  for in subsection (2), suspend or revoke the license of any
  263  licensee under this part who has been found guilty of any
  264  misdemeanor listed in subsection (2).
  265         (2)(4) In the event that the department or any state
  266  attorney shall have probable cause to believe that a talent
  267  agency or other person has violated any provision of subsection
  268  (1), an action may be brought by the department or any state
  269  attorney to enjoin such talent agency or any person from
  270  continuing such violation, or engaging therein or doing any acts
  271  in furtherance thereof, and for such other relief as to the
  272  court seems appropriate. In addition to this remedy, the
  273  department may assess a penalty against any talent agency or any
  274  person in an amount not to exceed $5,000.
  275         Section 22. Section 468.414, Florida Statutes, is repealed.
  276         Section 23. Section 468.415, Florida Statutes, is amended
  277  to read:
  278         468.415 Sexual misconduct in the operation of a talent
  279  agency.—The talent agent-artist relationship is founded on
  280  mutual trust. Sexual misconduct in the operation of a talent
  281  agency means violation of the talent agent-artist relationship
  282  through which the talent agent uses the relationship to induce
  283  or attempt to induce the artist to engage or attempt to engage
  284  in sexual activity. Sexual misconduct is prohibited in the
  285  operation of a talent agency. If Any agent, owner, or operator
  286  of a licensed talent agency who commits is found to have
  287  committed sexual misconduct in the operation of a talent agency,
  288  the agency license shall be permanently revoked. Such agent,
  289  owner, or operator shall be permanently prohibited from acting
  290  disqualified from present and future licensure as an agent,
  291  owner, or operator of a Florida talent agency.
  293  ================= T I T L E  A M E N D M E N T ================
  294  And the title is amended as follows:
  295         Delete lines 16 - 18
  296  and insert:
  297         to the applicability of ch. 447, F.S.; amending s.
  298         468.401, F.S.; deleting the definitions of the terms
  299         “department,” “license,” and “licensee”; repealing s.
  300         468.402, F.S., relating to the duties of the
  301         Department of Business and Professional Regulation;
  302         repealing s. 468.403, F.S., relating to licensure and
  303         application requirements for owners and operators of
  304         talent agencies; repealing s. 468.404, F.S., relating
  305         to fees and renewal of talent agency licenses;
  306         repealing s. 468.405, F.S., relating to qualification
  307         for talent agency licenses; amending s. 468.406, F.S.;
  308         deleting the requirement for talent agencies to file
  309         with the department an itemized schedule of certain
  310         fees and an amended or supplemental schedule under
  311         certain circumstances; repealing s. 468.407, F.S.,
  312         relating to license contents and posting; amending s.
  313         468.408, F.S.; deleting a requirement that a talent
  314         agency file a bond for each talent agency license;
  315         deleting a departmental requirement to approve talent
  316         agency bonds; requiring that a bonding company notify
  317         the talent agency, rather than notifying the
  318         department, of certain claims; amending s. 468.409,
  319         F.S.; deleting provisions requiring talent agencies to
  320         make specified records readily available for
  321         inspection by the department; amending s. 468.410,
  322         F.S.; deleting a reference to the department in talent
  323         agency contracts; amending s. 468.412, F.S.; revising
  324         the requirements for talent agencies to enter in the
  325         talent agency records; revising the requirements for
  326         talent agencies to post certain laws and rules;
  327         revising the information required in talent agency
  328         publications; amending s. 468.413, F.S.; deleting
  329         provisions relating to criminal violations for failing
  330         to obtain or maintain licensure with the department;
  331         deleting provisions authorizing the court to suspend
  332         or revoke a license; deleting a provision authorizing
  333         the court to bring certain actions; repealing s.
  334         468.414, F.S., relating to collection and deposit of
  335         fines, fees, and penalties collected by the
  336         department; amending s. 468.415, F.S.; deleting a
  337         provision authorizing the department to revoke a
  338         license; amending s. 468.451, F.S.; revising