61-19.011. Citations

(1) Citations shall be issued pursuant to section 455.224, F.S.

(2) Citations shall be issued by the Bureau of Investigative Services, and when necessary, after review by the Bureau of Legal Services.

(a) The field investigative staff shall complete a BPR Uniform Complaint Form (UCF) describing the alleged violation, and shall forward the UCF to the Complaint Section for service of the citation.

(b) The citation shall be served on the Subject by U.S. Mail, certified with return receipt, and the Complainant shall be notified by letter that a complaint has been opened.

(3) The Department is authorized to dispose of any violation designated herein by issuing a citation to the Subject within six months after the filing of the complaint that is the basis for the citation. The citation(s) served shall become a final order of the Department within thirty (30) days after the citation(s) is/are served if the citation(s) is/are not disputed in writing in accordance with the procedure outlined on the citation(s). All fines or costs assessed pursuant to a citation must be paid within sixty (60) days from the date the citation(s) was/were served. Failure to timely pay the citation(s) will result in additional disciplinary action. Payments shall be made in accordance with the procedures specified on the citation(s).

(4) The following violations may be issued citations where there is no harm to consumers as a result of the violation(s):

(a) Pursuant to section 468.402(1)(f), F.S., failure to disclose information, produce documents or records;

(b) Pursuant to section 468.402(1)(h), F.S., charging more for services than the specified schedule of maximum fees;

(c) Pursuant to section 468.402(1)(k), F.S., fraudulent, false, deceptive or misleading advertising;

(d) Pursuant to section 468.402(1), F.S., advertising or operating under a name other than that appearing on the license;

(e) Pursuant to section 468.413(2)(a), F.S., failure to notify the department and surety or sureties of change in name or location;

(f) Pursuant to section 468.407(2), F.S., failure to conspicuously display license;

(g) Pursuant to section 468.410(1), F.S., charging a registration fee;

(h) Pursuant to section 468.410(3), F.S., failure to provide an applicant with a copy of a contract which lists the services to be provided and fees to be charged within 24 hours after the contract’s execution;

(i) Pursuant to section 468.412(1), F.S., failure to maintain the required record sheet;

(j) Pursuant to section 468.410(2), F.S., requiring as a condition to registration or obtaining employment or placement for any applicant or artist that the applicant or artist subscribe to, purchase, or attend any publication, postcard service, advertisement, resume service, photography service, school, acting school, workshop, or acting workshop.

(5) Fines to be imposed for violations listed in subsection (4) shall be $100 for the first offense, $200 for the second offense, $300 for the third offense and prosecution for the fourth offense.

(6) A citation may be issued when a licensee is practicing on an inactive license and where there is no harm to consumers as a result of the violation(s) for the following:

(a) Pursuant to section 468.402(1)(n), F.S., practicing on an inactive license for less than forty-five days shall be a $100 fine;

(b) Pursuant to section 468.402(1)(n), F.S., practicing on an inactive license for greater than forty-five days but less than six months shall be a $200 fine;

(c) Pursuant to section 468.402(1)(n), F.S., practicing on an inactive license for greater than six months but less than one year shall be a $300 fine;

(d) Pursuant to section 468.402(1)(n), F.S., practicing on an inactive license for greater than one year but less than two years shall be a $400 fine.

(7) Pursuant to section 468.403(1), F.S., a citation may be issued when an applicant for licensure is practicing as a talent agency without possessing a valid license as required under chapter 468, F.S. A $100 fine shall be imposed for this violation.

(8) Pursuant to section 468.406(2), F.S., a citation may be issued when a licensee has failed to pay monies owed for greater than five days but less than twenty-one days. A $100 fine shall be imposed for this violation. A citation may be issued when a licensee has failed to pay monies owed for greater than twenty-one days but less than thirty days. A $200 fine and proof of payment to the artist shall be imposed.

(9) Pursuant to section 468.412(6), F.S., a citation may be issued when a licensee fails to include all of the following in any publication: talent agency name, licensee name, license number and any other required information. A $100 fine shall be imposed for this violation.

(10) Pursuant to section 468.407(3), F.S., a citation may be issued when a licensee fails to notify the Department when cancelling a license and fails to return that license to the Department at the time of cancellation. A $100 fine shall be imposed for this violation.

(11) Pursuant to section 455.224, F.S., a citation may be issued when a licensee fails to possess a valid surety bond as required under section 468.408, F.S. A $100 fine shall be imposed if this violation is less than seven days delinquent. A $200 fine shall be imposed if this violation is seven days but less than fourteen days delinquent. A $300 fine shall be imposed if this violation is fourteen days but less than thirty days delinquent.

(12) A citation may be issued when there is no consumer harm as a result of any other violations of part VII, chapter 468, F.S., or chapter 455, F.S., or the rules promulgated pursuant thereto in appropriate circumstances. The fine for such violations shall be $100 for the first offense, $200 for the second offense, $400 for the third offense, and prosecution for any subsequent offense.

Rulemaking Authority 455.224, 468.402(3), 455.2035 FS. Law Implemented 455.224, 455.225, 468.402, 468.403, 468.404, 468.407, 468.408, 468.409, 468.410, 468.412, 468.413 FS., Rule 21-19.001, 21-32.001 F.A.C. History–New 10-25-92, Formerly 21-19.011, Amended 9-18-18.