Title XXXII, Regulation of Professions and Occupations

(1) Recovery from the Auctioneer Recovery Fund may be obtained as follows:(a) Any aggrieved person is eligible to receive recovery from the Auctioneer Recovery Fund if the Florida Board of Auctioneers has issued a final order directing an offending licensee to pay restitution to …

(1) If the payment in full of two or more pending valid claims that have been filed by aggrieved persons against a single licensee would exceed the $50,000 limit as set forth in s. 468.395, the $50,000 shall be distributed among the aggrieved persons in the ratio that their respe…

Upon a final order of the court directing that payment be made out of the Auctioneer Recovery Fund, the board shall, subject to the provisions of this part, make the payment out of the Auctioneer Recovery Fund as provided in s. 468.395.History.—ss. 13, 17, ch. 91-207; s. 4, ch. 9…

If the board is required to make any payment from the Auctioneer Recovery Fund in settlement of a claim or toward the satisfaction of a judgment under this part, the board shall suspend the judgment debtor’s license. The licensee is not eligible to be licensed again as either an …

Subject to the approval of the board with the concurrence of the department, the board may expend excess moneys from the Auctioneer Recovery Fund to fund publications that provide:(1) Information concerning the board’s activities and administrative rulings.(2) Distribution of law…

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…

(1) The department may take any one or more of the actions specified in subsection (5) against any person who has:(a) Obtained or attempted to obtain any license by means of fraud, misrepresentation, or concealment.(b) Violated any provision of this part, chapter 455, any lawful …

(1) A person may not own, operate, solicit business, or otherwise engage in or carry on the occupation of a talent agency in this state unless the person first procures a license for the talent agency from the department. A license is not required for a person who acts as an agen…

(1) The department shall establish biennial fees for initial licensing, renewal of license, and reinstatement of license, none of which fees shall exceed $400. The department may establish a delinquency fee of no more than $50. The fees shall be adequate to proportionately fund t…

(1) Each person designated in an application under this part as an owner or operator shall be of good moral character as determined by the department.(2) In addition to the foregoing qualification, each application shall show whether or not the agency, any person, or any owner of…

(1) Each applicant for a license shall file with the application an itemized schedule of maximum fees, charges, and commissions which it intends to charge and collect for its services. This schedule may thereafter be raised only by filing with the department an amended or supplem…

(1) The talent agency license shall be valid for the biennial period in which issued and shall be in such form as may be determined by the department, but shall at least specify the name under which the applicant is to operate, the address of the place of business, the expiration…

(1) There shall be filed with the department for each talent agency license a bond in the form of a surety by a reputable company engaged in the bonding business and authorized to do business in this state. The bond shall be for the penal sum of $5,000, with one or more sureties …

Each talent agency shall keep on file the application, registration, or contract of each artist. In addition, such file must include the name and address of each artist, the amount of the compensation received, and all attempts to procure engagements for the artist. No such agenc…

(1) A talent agency may not charge a registration fee.(2) No talent agency shall, as a condition to registering or obtaining employment for any applicant or artist, require the applicant or artist to subscribe to, purchase, or attend any publication, postcard service, advertiseme…

No talent agency shall knowingly send any person who has received a motion picture or videotape engagement or any other engagement to any place where a strike, lockout, or other labor dispute is in active progress, without first notifying that person of such conditions.History.—s…

(1) A talent agency shall maintain a record sheet for each booking. This shall be the only required record of placement and shall be kept for a period of 1 year after the date of the last entry in the buyer’s file.(2) Each talent agency shall keep records in which shall be entere…

(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:(a) Owning or operating, or soliciting business as, a talent agency in this state without first procuring a license from the department.(b) Obt…

Proceeds from the fines, fees, and penalties imposed pursuant to this part shall be deposited in the Professional Regulation Trust Fund, created by s. 215.37.History.—ss. 14, 15, ch. 86-292; s. 63, ch. 91-137; s. 13, ch. 91-156; s. 4, ch. 91-429.

The talent agent-artist relationship is founded on mutual trust. Sexual misconduct in the operation of a talent agency means violation of the talent agent-artist relationship through which the talent agent uses the relationship to induce or attempt to induce the artist to engage …

As used in this part:(1) “Community association” means a residential homeowners’ association in which membership is a condition of ownership of a unit in a planned unit development, or of a lot for a home or a mobile home, or of a townhouse, villa, condominium, cooperative, or ot…

(1) The Regulatory Council of Community Association Managers is created within the department and shall consist of seven members appointed by the Governor and confirmed by the Senate.(a) Five members of the council shall be licensed community association managers, one of whom may…

(1) A person shall not manage or hold herself or himself out to the public as being able to manage a community association in this state unless she or he is licensed by the department in accordance with the provisions of this part. However, nothing in this part prohibits any pers…

(1) A person desiring to be licensed as a community association manager shall apply to the department to take the licensure examination. Each applicant must file a complete set of fingerprints that have been taken by an authorized law enforcement officer, which set of fingerprint…

(1)(a) A community association manager or a community association management firm is deemed to act as agent on behalf of a community association as principal within the scope of authority authorized by a written contract or under this chapter. A community association manager or a…

(1) A community association manager or a community association management firm, including directors, officers, and persons with a financial interest in a community association management firm, or a relative of such persons, must disclose to the board of a community association an…

(1) The department shall renew a license upon receipt of the renewal application and fee and upon proof of compliance with the continuing education requirements of s. 468.4337.(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses.Histo…

The department may not renew a license until the licensee submits proof that the licensee has completed the requisite hours of continuing education. The number of continuing education hours, criteria, and course content shall be approved by the council by rule. The council may no…

The council shall prescribe by rule continuing education requirements for reactivating a license. The continuing education requirements for reactivating a license may not exceed one renewal cycle of continuing education.History.—s. 8, ch. 96-291; s. 5, ch. 2012-61.

(1) The council shall establish fees for the described purposes and within the ranges specified in this section:(a) Application fee: not less than $25, or more than $50.(b) Examination fee: not less than $25, or more than $100.(c) Initial license fee: not less than $25, or more t…

(1) The department shall investigate complaints and allegations of a violation of this part, chapter 455, or any rule adopted thereunder, filed against community association managers or firms and forwarded from other divisions under the Department of Business and Professional Reg…

Notwithstanding s. 455.225, any complaint or record maintained by the Department of Business and Professional Regulation pursuant to the discipline of a licensed community association manager and any proceeding held by the department to discipline a licensed community association…

Any person who violates any of the provisions of this part shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.History.—ss. 13, 14, ch. 87-343; s. 4, ch. 91-429.

(1) The provisions of this section apply only to community association management performed by a management firm acting as managing entity of a timeshare plan pursuant to chapter 721.(2) A timeshare management firm shall only be required to employ at least one individual licensed…

The Legislature finds that dishonest or unscrupulous practices by agents who solicit representation of student athletes can cause significant harm to student athletes and the academic institutions for which they play. It is the intent of the Legislature to protect the interests o…

For purposes of this part, the term:(1) “Agent contract” means a contract or agreement in which a student athlete authorizes an athlete agent to represent the student in the marketing of the student’s athletic ability or athletic reputation.(2) “Athlete agent” means a person who,…

(1) Any person who practices as an athlete agent in this state must be licensed pursuant to this part.(2) A person shall be licensed as an athlete agent if the applicant:(a) Is at least 18 years of age.(b) Is of good moral character.(c) Has completed the application form and remi…

This part does not apply when a student is ineligible to participate in a particular intercollegiate sport unless:(1) The student athlete’s eligibility to participate is restored in that particular sport; or(2) The student is or becomes eligible to participate in a different inte…

The department shall renew a license pursuant to procedures provided for in s. 455.203.History.—s. 5, ch. 95-307.

(1) An agent contract must be in a record, signed or otherwise authenticated by the parties.(2) An agent contract must state:(a) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent and any other…

(1) The following acts shall be grounds for the disciplinary actions provided for in subsection (3):(a) A violation of any law relating to the practice as an athlete agent including, but not limited to, violations of this part and chapter 455 and any rules promulgated thereunder.…

No person shall conduct business as an athlete agent unless such person holds an active license pursuant to this part, and no person shall knowingly aid or abet another person to conduct business as an unlicensed athlete agent. For purposes of this section, “aid or abet” means to…

(1) Any person who violates s. 468.456(1)(f) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, s. 775.089, or s. 775.091.(2)(a) Regardless of whether adjudication is withheld, any person convicted or found guilty of, or ente…

(1) A college or university may sue for damages, as provided by this section, any person who violates this part. A college or university may seek equitable relief to prevent or minimize harm arising from acts or omissions which are or would be a violation of this part.(2) For pur…

(1) An athlete agent shall establish and maintain complete financial and business records. The athlete agent shall save each entry into a financial or business record for at least 5 years from the date of entry. These records must include:(a) The name and address of each individu…

The department shall adopt rules necessary to administer and enforce this part.History.—s. 9, ch. 88-229; s. 1, ch. 89-296; s. 4, ch. 91-429; s. 13, ch. 95-307.