The material presented on this page is for informational purposes only and is not intended to constitute a complete list of all laws or requirements that may apply to your situation. You should contact an attorney to obtain advice with respect to any particular issue or problem.
Article I. Section 6 Florida Constitution – Right to work
The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization. The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged. Public employees shall not have the right to strike.
447.17 Florida Statutes – Civil remedy; injunctive relief
Any person who may be denied employment or discriminated against in his or her employment on account of membership or nonmembership in any labor union or labor organization shall be entitled to recover from the discriminating employer, other person, firm, corporation, labor union, labor organization, or association, acting separately or in concert, in the courts of this state, such damages as he or she may have sustained and the costs of suit, including reasonable attorney’s fees.
447.03 Florida Statutes – Employees’ right to self-organization
Employees shall have the right to self-organization, to form, join, or assist labor unions or labor organizations or to refrain from such activity, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection.
447.13 Florida Statutes – Right to strike preserved
Except as specifically provided in this chapter, nothing therein shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work; nor shall anything in this chapter be so construed as to invade unlawfully the right to freedom of speech.
The Florida Child Labor Law and the Federal Fair Labor Standards Act provide the rules and regulations that govern the employment of minors in Florida. They also govern the working relationship between minors and their employers. The Child Labor Law is administered and enforced by the Department of Business and Professional Regulation in cooperation with law enforcement officers, public school officials, and other agencies that may assist the division through intergovernmental agreements.
The Child Labor Program’s primary goals are:
- To protect the health and education of working youth of the state by ensuring enforcement of restrictions established to protect them from harmful work situations; and,
- To educate employers, public school employees, the general public, and working youth about the Child Labor Law.
- For more information and to access publications on Child Labor Laws, please call: 850-488-3131 or write or email:
Most employers conducting work in the State of Florida are required to provide workers’ compensation insurance for their employees. For more information about Florida’s workers’ compensation requirement, call (850) 413-1609, or visit myFloridaCFO.com.
Similar regulations affect all talent and modeling agencies operating within Florida. All talent and modeling agencies in the State of Florida must be licensed through the Department of Business & Professional Regulation (DBPR).
You are considered to be a “talent agent” according to the Florida Department of Business & Professional Regulation’s definition if you, for compensation, engage in the occupation of procuring or attempting to procure engagements for an artist. This means you must have a talent agency business license to operate. By law, this definition applies regardless of your title (manager, casting director, casting agent, promoter, etc.). If you think you may need a license visit DBPR’s website. Operating as a “talent agency” without a license is a 3rd degree felony in Florida.
Hiring a “talent agency” without a license is also against the law and serves as grounds for the DBPR to take action against you. Violation of the law will be punished by either, denying an application for licensure as a talent agency, permanently revoking or suspending a license, imposing an administrative fine of up to $5,000 or requiring restitution.
Talent agencies are required by law to display their fee schedule and talent agency license in a conspicuous location in their place of business.Talent Agencies are required by law to give each artist a copy of their contract listing the services to be provided and the fees to be charged. This should also list the contact information of the DBPR.
By law, Talent agencies are NOT allowed to charge a registration fee. No talent agency shall, as a condition to obtaining employment for any artist, require the artist to subscribe to, purchase, or attend any publication, postcard service, advertisement, resume service, photography service, school, acting school, workshop, acting workshop, or video or audiotapes. By law, all advertisements, letterheads, receipts and other publications should list the talent agency name and address, license number and the words “talent agency”.
If you are aware of any wrongdoing as described above, contact your local DBPR Bureau of Investigation. You will be granted anonymity on request. You may also file a complaint online.
For more information about the regulation of Talent & Modeling Agencies, please contact:
Florida Department of Business and Professional Regulation
Board of Talent Agencies
1940 North Monroe Street
Tallahassee, FL 32399-0794