Florida § 468.401 - Regulation of talent agencies; definitions.

§ 468.401. Regulation of talent agencies; definitions.

As used in this part or any rule adopted pursuant hereto: (1) “Talent agency” means any person who, for compensation, engages in the occupation or business of procuring, or attempting to procure, engagements for an artist. (2) “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. (3) “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. (4) “Engagement” means any employment or placement of an artist, where the artist performs in his or her artistic capacity. However, the term “engagement” shall not apply to procuring opera, music, theater, or dance engagements for any organization defined in s. 501(c)(3) of the Internal Revenue Code or any nonprofit Florida arts organization that has received a grant from the Division of Arts and Culture of the Department of State or has participated in the state touring program of the Division of Arts and Culture. (5) “Department” means the Department of Business and Professional Regulation. (6) “Operator” means the person who is or who will be in actual charge of a talent agency. (7) “Buyer” or “employer” means a person, company, partnership, or corporation that uses the services of a talent agency to provide artists. (8) “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. (9) “Person” means any individual, company, society, firm, partnership, association, corporation, manager, or any agent or employee of any of the foregoing. (10) “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. (11) “Licensee” means a talent agency which holds a valid unrevoked and unforfeited license issued under this part.