In Florida, a talent agency is any person or entity that engages in the business of procuring or attempting to procure engagements for an “artist” for compensation. An artist is any person performing on a professional stage or in the production of television, radio, motion pictures, music, or modeling. In order to own, operate, solicit business or otherwise engage in the occupation of a talent agency, that person or entity must procure a license from Florida’s Department of Business & Professional Regulation. The reason Florida requires this is simple. Florida does not want individuals to take advantage of entertainment acts, who typically are more “creatively” focused than “business” oriented.
There are a variety of statutory requirements in order to gain a talent agent license. These include, but are certainly not limited too:
(1) A detailed application providing the name and address of the talent agency owner, including all partners, associates or those with a profit sharing interest in the talent agency. In the event the applicant is a corporation, the applicant additionally must disclose the name and address of all persons actively participating in the management and business responsibilities of the corporation;
(2) Address of the physical location of the talent agency;
(3) A full set of finger prints of the applicant or the principal owner of the corporation;
(4) Photograph taken within last 2 years of the applicant or the principal owner of the corporation;
(5) Proof of at least one year’s experience working in a talent agency business or similarly suited booking business (such as director of a movie or booker of acts at a nightclub);
(6) Affidavits of at least five (5) reputable persons, other than artists, who have known or been associated with the applicant for at least three years, stating the applicant is of good moral character and has a reputation for fair dealing;
(7) Provide a bond of not less than $5,000.00 from a reputable bonding company doing business in Florida;
(8) Itemized schedule of maximum fees, charges, and commissions which the applicant intends to collect and charge Artists for their services; and
(9) An application fee, which currently is approximately $705.00.
Once filed, the Department of Business & Professional Regulation will review the application for truthfulness and conduct a background check to verify the applicant’s criminal and business history to find instances of fraud or misrepresentation that would weigh against the issuance of a talent agency license.
Please understand the serious nature of filing to be a talent agent in the State of Florida, as there is the potential for criminal (felony level) penalties if one does not comply with the Statute. Be sure to contact an experienced entertainment attorney before setting up your application. Part 2 of this series will discuss the on going requirements of a talent agency once established.
Bradley Legal Group, P.A. are Intellectual Property lawyers, Entertainment lawyers and Music lawyers servicing clients in Miami, Fort Lauderdale, Boca Raton, West Palm Beach, Orlando, and Nashville. We also affiliate with entertainment lawyers licensed in New York and Washington, D.C. © 2012 Bradley Legal Group, P.A