Section 468.401–468.415 of the Florida Statutes is the Florida law governing talent agencies in the state (hereinafter referred to as Florida’s Talent Agencies Act). Under Section 468.401(1), Fla. Stat., the term “talent agency” is defined as “any person who, for compensation, engages in the occupation or business of procuring or attempting to procure engagements for an artist.”

Generally speaking, anyone who can be classified as a “talent agency” under the foregoing definition is required to obtain a license from the Florida Department of Business and Professional Regulation. Pursuant to Section 468.403(1), Fla. Stat., “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.” There are a few exceptions to this licensing requirement, in that “a license is not required for a person who acts as an agent for herself or himself, a family member, or exclusively for one artist.” Despite this, “a person may not advertise or otherwise hold herself or himself out as a ‘talent agency’ or ‘talent agent’ unless the person is licensed under this section as a talent agency.”