Florida Statutes 468.402 – Duties of the department; authority to issue and revoke license; adoption of rules
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(1) The department may take any one or more of the actions specified in subsection (5) against any person who has:
(a) Obtained or attempted to obtain any license by means of fraud, misrepresentation, or concealment.
Terms Used In Florida Statutes 468.402
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Artist: means a person performing on the professional stage or in the production of television, radio, or motion pictures; a musician or group of musicians; or a model. See Florida Statutes 468.401
- Compensation: means any one or more of the following:(a) Any money or other valuable consideration paid or promised to be paid for services rendered by any person conducting the business of a talent agency under this part;(b) Any money received by any person in excess of that which has been paid out by such person for transportation, transfer of baggage, or board and lodging for any applicant for employment; or(c) The difference between the amount of money received by any person who furnishes employees, performers, or entertainers for circus, vaudeville, theatrical, or other entertainments, exhibitions, engagements, or performances and the amount paid by him or her to such employee, performer, or entertainer. See Florida Statutes 468.401
- Department: means the Department of Business and Professional Regulation. See Florida Statutes 468.401
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: means a license issued by the Department of Business and Professional Regulation to carry on the business of a talent agency under this part. See Florida Statutes 468.401
- Licensee: means a talent agency which holds a valid unrevoked and unforfeited license issued under this part. See Florida Statutes 468.401
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Operator: means the person who is or who will be in actual charge of a talent agency. See Florida Statutes 468.401
- Owner: means any partner in a partnership, member of a firm, or principal officer or officers of a corporation, whose partnership, firm, or corporation owns a talent agency, or any individual who is the sole owner of a talent agency. See Florida Statutes 468.401
- Person: means any individual, company, society, firm, partnership, association, corporation, manager, or any agent or employee of any of the foregoing. See Florida Statutes 468.401
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Talent agency: means any person who, for compensation, engages in the occupation or business of procuring, or attempting to procure, engagements for an artist. See Florida Statutes 468.401
(b) Violated any provision of this part, chapter 455, any lawful disciplinary order of the department, or any rule of the department.(c) Been found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime involving moral turpitude or dishonest dealings under the laws of this state or any other state or government.(d) Made, printed, published, distributed, or caused, authorized, or knowingly permitted the making, printing, publication, or distribution of any false statement, description, or promise of such a character as to reasonably induce any person to act to his or her damage or injury, if such statement, description, or promises were purported to be performed by the talent agency and if the owner or operator then knew, or by the exercise of reasonable care and inquiry, could have known, of the falsity of the statement, description, or promise.(e) Knowingly committed or been a party to any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relying upon the work, representation, or conduct of the talent agency acts or has acted to his or her injury or damage.(f) Failed or refused upon demand to disclose any information, as required by this part, within his or her knowledge, or failed or refused to produce any document, book, or record in his or her possession for inspection to the department or any authorized agent thereof acting within its jurisdiction or by authority of law.(g) Established the talent agency within any place where intoxicating liquors are sold, any place where gambling is permitted, or any house of prostitution.(h) Charged, collected, or received compensation for any service performed by the talent agency greater than specified in its schedule of maximum fees, charges, and commissions previously filed with the department.(i) Had a license to operate a talent agency revoked, suspended, or otherwise acted against, including, but not limited to, having been denied a license for good cause by the licensing authority of any state, territory, or country.(j) Willfully made or filed a report or record that the licensee knew to be false, failed to file a report or record required by state or federal law, impeded or obstructed such filing, or induced another person to impede or obstruct such filing. Such reports or records shall include only those that are signed in the licensee’s capacity as a licensed talent agency.(k) Advertised goods or services in a manner that was fraudulent, false, deceptive, or misleading in form or content.(l) Advertised, operated, or attempted to operate under a name other than the name appearing on the license.(m) Been found guilty of fraud or deceit in the operation of a talent agency.(n) Operated with a revoked, suspended, inactive, or delinquent license.(o) Permitted, aided, assisted, procured, or advised any unlicensed person to operate a talent agency contrary to this part or to a rule of the department.(p) Failed to perform any statutory or legal obligation placed on a licensed talent agency.(q) Practiced or offered to practice beyond the scope permitted by law or has accepted and performed professional responsibilities that the licensee knows or has reason to know that he or she is not competent to perform.(r) Conspired with another licensee or with any other person to commit an act, or has committed an act, that would tend to coerce, intimidate, or preclude another licensee from advertising his or her services.(s) Solicited business, either personally or through an agent or through any other person, through the use of fraud or deception or by other means; through the use of misleading statements; or through the exercise of intimidation or undue influence.(t) Exercised undue influence on the artist in such a manner as to exploit the artist for financial gain of the licensee or a third party, which includes, but is not limited to, the promoting or selling of services to the artist.
(2) The department may revoke any license that is issued as a result of the mistake or inadvertence of the department.
(3) The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part.
(4) A revoked or suspended license must be returned to the department within 7 days after the time for appeal has elapsed.
(5) Upon a finding of a violation of any one or more of the grounds enumerated in subsection (1) or any other section of this part, the department may take the following actions:
(a) Deny an application for licensure as a talent agency.
(b) Permanently revoke or suspend the license of a talent agency.
(c) Impose an administrative fine, not to exceed $5,000, for each count or separate offense.
(d) Require restitution.
(e) Issue a public reprimand.
(f) Place the licensee on probation, subject to such conditions as the department may specify.
(6) A person shall be subject to the disciplinary actions specified in subsection (5) for violations of subsection (1) by that person’s agents or employees in the course of their employment with that person.
(7) The department may deny a license if any owner or operator listed on the application has been associated with a talent agency whose license has been revoked or otherwise disciplined.