If you are procuring business opportunities for artists and talent in exchange for commissions, you need to be licensed by the State of Florida, pursuant to FL. Stat. Sec. 468.401. In Florida, a talent agent is defined as anyone who, for compensation, procures engagements for another person in fields such as television, radio, film, music, or modeling.
Initial Licensing Process
Before engaging as a talent agent, you must obtain a license from the Department of Business and Professional Regulation (DBPR). This license is valid for two years. To apply for the license, you will need to complete several steps:
- Provide Your CV: Submit documents that demonstrate at least one year of experience in relevant services, such as working as an A&R representative, subagent, casting director, producer, director, or within an advertising agency.
- Provide Your Fee Schedule and Tariffs: Include a detailed description of the agency’s fees and commissions charged to talents.
- Provide Fingerprints and Photographs: Submit your fingerprints through a provider registered with the Florida Department of Law Enforcement (FDLE). The photographs must be passport-type and taken within the last two years.
- Provide Affidavits of Good Standing: Obtain five sworn statements from individuals (other than clients) affirming your good character and conduct.
- Pay a Bond: Secure a bond up to $5,000, typically costing between 1-10% of the bond amount (approximately $500 maximum). This bond protects clients in case they have claims against the agency.
- Pay an Application Fee: The fee ranges from $300 to $405.
Post-Application Requirements
Once your application is submitted, the DBPR may conduct a background check. If approved, you must comply with several ongoing legal requirements:
- License Duration: The license is valid for two years and must be renewed before expiration.
- Display License: The license must be displayed conspicuously at your business location, along with a rate card listing the fees charged to talents.
- Display Prohibited Activities: A copy of FL Stat. Sec. 468.412, which details prohibited activities, must be displayed at your business.
- Main Office Requirements: The agency must have a permanent office, open during business hours.
- Payments to Talents: Talents must be paid within five days of receiving payment for their services from third parties.
- Agent Contract Transfer: Obtain written approval from the talent before transferring their representation to another agent.
- License Transfer: The license cannot be transferred to another person or entity without written approval from the DBPR.
- License Rental: The license can only be used for the business entity named on the license certificate.
- Provide Copy of Contracts: Talents must receive a copy of any contract for their employment or services within 24 hours of execution.
- Maintain Agency Records: Keep detailed records at the main office, subject to DBPR investigation. Records must include contracts with talents, documentation of talent hires, and efforts to source business for talent.
- Fee Sharing: Written approval from the talent is required to share their service income with others.
- Contract Rescission: Inform talents in writing that they have the right to terminate any contract within three days of signing.
- Report License Changes: Any changes to the license must be reported to the DBPR and confirmed at least 30 days before the change becomes effective. This includes adding an owner, agent, or manager, changing the office address, altering fees, or canceling the license.
- Advertising Requirements: Every written advertisement must include the agency name as it appears on the license, the license number, the agency address, and the phrase “talent agency.”
- Prohibited Conduct: Violations can lead to license revocation, penalties up to $5,000, and criminal misdemeanor charges. Prohibited actions include charging registration fees for talents to affiliate with the agency, forcing talents to take courses or buy services to be part of the agency, and changing the agency office address without notifying the DBPR.
By following these guidelines, you can successfully obtain and maintain a talent agent license in Florida, ensuring compliance with state regulations and protecting your business and clients.
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