Florida Statutes 468.413 – Legal requirements; penalties
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(1) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
For details, see Fla. Stat. § 775.082(3)(e) and Fla. Stat. § 775.082(4)(b)
(a) Owning or operating, or soliciting business as, a talent agency in this state without first procuring a license from the department.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the third degree | up to 5 years | up to $5,000 |
| misdemeanor of the second degree | up to 60 days | up to $500 |
Terms Used In Florida Statutes 468.413
- 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
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Business and Professional Regulation. See Florida Statutes 468.401
- employer: means a person, company, partnership, or corporation that uses the services of a talent agency to provide artists. See Florida Statutes 468.401
- Fraud: Intentional deception resulting in injury to another.
- 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
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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) Obtaining or attempting to obtain a license by means of fraud, misrepresentation, or concealment.
(2) Each of the following acts constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083:
(a) Relocating a business as a talent agency, or operating under any name other than that designated on the license, unless written notification is given to the department and to the surety or sureties on the original bond, and unless the license is returned to the department for the recording thereon of such changes.
(b) Assigning or attempting to assign a license issued under this part.
(c) Failing to show on a license application whether or not the agency or any owner of the agency is financially interested in any other business of like nature and, if so, failing to specify such interest or interests.
(d) Failing to maintain the records required by s. 468.409 or knowingly making false entries in such records.
(e) Requiring as a condition to registering or obtaining employment or placement for any applicant that the applicant subscribe to, purchase, or attend any publication, postcard service, advertisement, résumé service, photography service, school, acting school, workshop, or acting workshop.
(f) Failing to give each applicant a copy of a contract which lists the services to be provided and the fees to be charged, which states that the talent agency is regulated by the department, and which lists the address and telephone number of the department.
(g) Failing to maintain a record sheet as required by s. 468.412(1).
(h) Knowingly sending or causing to be sent any artist to a prospective employer or place of business, the character or operation of which employer or place of business the talent agency knows to be in violation of the laws of the United States or of this state.
(3) The court may, in addition to other punishment provided for in subsection (2), suspend or revoke the license of any licensee under this part who has been found guilty of any misdemeanor listed in subsection (2).
(4) In the event the department or any state attorney shall have probable cause to believe that a talent agency or other person has violated any provision of subsection (1), an action may be brought by the department or any state attorney to enjoin such talent agency or any person from continuing such violation, or engaging therein or doing any acts in furtherance thereof, and for such other relief as to the court seems appropriate. In addition to this remedy, the department may assess a penalty against any talent agency or any person in an amount not to exceed $5,000.