The purpose and effect of the proposed rule is to update the definitions within the rule through deletion as well as the laws being implemented.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.:RULE TITLE:

61-19.002Definitions

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to update the definitions within the rule through deletion as well as the laws being implemented.

SUMMARY: The purpose and effect of the proposed rule is to update the definitions within the rule through deletion as well as the laws being implemented.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 468.402(3) FS.

LAW IMPLEMENTED: 468.401(2), 468.401(9), 468.403(4)(b), 468.403(7), 468.404(3), 468.405(2), 468.412(7), 468.412(8) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chevonne Christian, Assistant General Counsel, Rules Division, Office of the General Counsel, 1940 North Monroe Street, Suite 42, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61-19.002 Definitions.

(1) “Manager” means one who advises, guides or directs an artist in career development and is not primarily involved in placing the artist in employment.

(2) “Modeling or photographing a minor in the nude in the absence of written permission from the minor’s parents or legal guardians” means the visual display of the buttocks, genitals, or female breast, areolae, or nipples of a person under the age of eighteen (18) years without having both the parents, if living, or legal guardians, of said minor fully advised of the intended activity, and both parents' or guardians' execution of written consent for such visual display of their child or ward.

(3) “Similar experience” means direct experience as a subagent, casting director, producer, director, advertising agent, talent coordinator or musical booking agent, or having been employed in an occupation that is primarily oriented toward placing, or attempting to place, others into employment circumstances.

(4) “Actively participating” means actual supervision of and involvement in the operations and business of the corporation.

(5) “Consent of Department for business transacted under alternate name” means written consent issued by the Secretary or the Secretary’s authorized agent.

(6) “Divided fee” means the process by which, without written contractual approval of the artist, any two or more persons receive compensation for placing an artist and the total compensation paid to such agents exceeds the compensation that would have been paid to only one agent acting in behalf of the artist.

(7) “Principal officer” means:

(a) President, Vice President, Secretary or Treasurer of a corporation; or

(b) Any other officer who has management responsibilities in the corporation, as documented by the corporate chapter or by-laws.

(8) “Financially interested” means having either equity ownership in or receiving compensation from a business enterprise.

(9) “Citation” means an instrument which meets the requirements set forth in Section 455.224, Florida Statutes, and which is served upon subject for the assessing of a penalty in an amount established by this rule.

(10) “Subject” means the licensee, applicant, person, partnership, corporation, or other entity alleged to have committed a violation designated in this rule.

Specific Authority 468.402(3) FS. Law Implemented 468.401(2), (4), 468.401(9), 468.403(3), (4), 468.403(4)(b), (6), 468.403(7), 468.404(4), 468.404(3), 468.405(2), 468.412(7), 468.412(8), F.S. History–New 7-27-87, Amended 7-6-88, 9-10-92, Formerly 21-19.002, Amended-------.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chevonne Christian, Assistant General Counsel, Rules Division, Office of the General Counsel, Department of Business and Professional Regulation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 1, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 9, 2015