September 2009

In This Issue:

• Message From The Secretary
• Message From The Executive Director
• Talent Agencies Legislative Changes
• New License Application Center
• eNewsroom

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Message From The Secretary

As a licensed professional in the State of Florida, I know you are concerned with the threat of unlicensed individuals taking your business and cutting into your bottom line.  I share your concern and also know the financial damage unlicensed individuals can cause consumers.  In fact, unlicensed activity is the topic I hear about the most when I talk with DBPR licensees and Florida’s consumers. 

In response to your concerns, DBPR has increased efforts to combat unlicensed activity.  We are working to better use existing tools and come up with new and inventive ways to address unlicensed activity.  We continue to use our three-tiered approach—education, prevention and enforcement—to get the message out. 

One of our new educational tools is a Web page called “What Services Require a DBPR License?”  This new page is prominently featured on the front page of MyFloridaLicense.com and helps educate consumers and potential licensees about the types of services that must be performed by a DBPR-licensed individual or business.  The pages, custom-tailored for each profession, provide helpful information and examples about the jobs that require a DBPR license.  This new tool is a great way to ensure that we clearly communicate licensure requirements.

Every year, the Office of Communications uses a portion of your five-dollar unlicensed activity fee to fund a media campaign.  This campaign is one of our most successful prevention efforts because it reaches such a large group of people.  More than 41 million impressions were made just last year.  Last fiscal year, the theme of the campaign was “Unlicensed Activity is Ugly Business,” and the advertisements, which were created entirely in-house, showcased an artistic, visually engaging, comic book style design intended to grab the attention of consumers and deliver the straightforward message.  I am eager to share with you our campaign for this year.  It is sure to impress and (more importantly) educate!

Finally, we want to send a strong message that unlicensed activity will not be tolerated.  Last fiscal year, the Division of Regulation increased proactive enforcement efforts by 64 percent, performing 505 sweep or sting operations compared to 327 the previous year.  Look for DBPR investigators hitting the streets even more this fiscal year.  The Division of Regulation has set some very high goals for this fiscal year, and I am confident they will deliver. 

I am proud of our increased efforts last fiscal year, and we will not stop working. Through the three-tiered approach, we strive to combat unlicensed activity from all angles.  I am reminded every time a meet with a consumer who has been harmed by an unlicensed individual or a licensee who has been underbid by the unlicensed competition, that our mission is clear.  We must work harder to address your number one concern, unlicensed activity. 

Sincerely,

Charles W. Drago
Secretary

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Message From The Executive Director
Anthony B. Spivey

In this issue, I thought I would take you down memory lane. Remember the music groups you listened to as a teenager or young adult and how they influenced a specific time period in your life? As the years passed, when you heard a particular song from your favorite group the lyrics or the melody took you back to that specific time and place? Some of the groups like Wings, AC/DC, Black Sabbath, Alabama, Mighty Clouds of Joy, War, and Kiss may all have songs that bring you back to that certain place or time you vividly recall. Well, there is one factor all of these groups had in common at various points in their careers, and that is a good agency.

The department is responsible for licensing talent agencies who will represent entertainers in Florida. Only reputable firms are privileged to receive a license as talent agencies in the state. Operating a talent agency without a valid license from the department is considered unlicensed activity and can subject an individual to harsh penalties. Likewise, a licensed talent agency operating unscrupulously may also be subject to stiff fines for exploiting an artist or for violating other Florida Statutes. Everyone desiring to go into the entertainment industry should work with a licensed agency. The department’s Website can be easily accessed to determine if an agency is licensed by clicking on http://www.myflorida.com/dbpr/index.html. Additionally, if you should find yourself dealing with an unlicensed agency, I encourage you to  report it to the department by using our toll-free number at 1.866.532.1440 or by filing a complaint at http://www.myflorida.com/dbpr/reg/complaint.html. 

The start of a good career for a talented act begins with a good agency. When searching for a talent agency in Florida, seek only licensed talent agencies. This can save you time, money, and who knows, your act could possibly propel you into the minds of the masses when they hear your song or melody in the years to come.

Until next time,

Anthony Spivey, Executive Director
Office of Talent Agencies

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Talent Agencies Legislative Changes

During the 2009 Legislative Session, the Florida Legislature passed House Bill 425, which becomes law on October 1, 2009. New changes within Chapter 468, Part VII, Florida Statutes, include the following:

• While a person is not required a license to act as an agent for herself, himself, a family member, or exclusively for one artist, that individual still must have a license if they intend to advertise or present themselves as a talent agent or talent agency.
• Records of artists held by talent agencies are required to be readily available to the department for inspection at the agency’s principle office during reasonable business hours. Additionally, copies of the records must be provided in a manner prescribed by the department.
• When an agency executes a contract with an artist, a copy of the contract must be provided to the artist within 24 hours after the execution of the contract.
• Talent agencies are now required to provide written notice to artists they have a right to rescind contracts within the first 3 business days of the contract’s execution.
• A talent agency cannot divide fees among other individuals without the artist’s consent. Divided fees include fees charged to an artist for services performed on behalf of the artist.
• Talent agencies cannot assign an engagement contract to another licensed agency in the state without the artists’ written consent. Any assignment of a contract approved by the artist requires a written notification to the artist within 30 days after the artist’s written consent.

Beginning October 1, 2009, HB 425 also requires all licensees to report to the department within 30 days of being convicted or found guilty of, or having plead nolo contendere or guilty to a crime in any jurisdiction. A licensee who fails to report that information, may be subject to disciplinary action, including fines, suspension or license revocation.

The statutes and rules regulating Talent Agencies can be accessed at the department’s website at http://www.myfloridalicense.com/dbpr/pro/talent/statutes.html.

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New License Application Center

In our continuing effort to provide better customer service, we have improved our web site home page and created a user-friendly application center. We hope that these changes will make it easier for you to do business with us. The new features are intended to make the Web site more user-friendly and provide simple ways for our customers to find licensing information and requirements through detailed descriptions and helpful checklists.

The changes to the Web site include: new application features with a full list of license types, a list of detailed license requirements before each application, separate entry points for applications and renewals, and a new page called "What Services Require a DBPR License," which is designed to assist consumers with determining what services require a DBPR license.

Visit us on MyFloridaLicense.com.

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eNewsroom

Check out DBPR's eNewsroom, your source for important Department news and information. Here, you can watch public service announcements, read news releases, and subscribe to and flip through our publications.

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Visit us on the Web at www.MyFloridaLicense.com