If you’re a musician in Florida, chances are you’ve worked with someone who helps you find gigs, negotiates show details, or collects payments. Maybe they call themselves a “manager,” “booking agent,” or “promoter.” But under Florida law, what matters isn’t the title, it’s what they actually do.
Florida’s Talent Agency Act (Florida Statutes § 468.401–468.432) sets clear rules for who must hold a talent agency license and who is exempt. Knowing those differences can save you from signing an unenforceable or even illegal agreement.
When a License Is Required
Florida law says anyone who “procures or attempts to procure employment for an artist” must hold a talent agency license issued by the Florida Department of Business and Professional Regulation (DBPR).
That includes:
- Contacting venues or promoters to book paid shows.
- Negotiating terms or fees for performances.
- Collecting deposits or commissions on bookings.
Licensed agents must follow strict rules, including:
- Maintaining a trust account for client funds.
- Using written contracts that meet state standards.
- Posting a surety bond with the DBPR.
Performers who work with unlicensed agents risk signing contracts that may not hold up in court.
When a License Is Not Required
Florida law provides several important exemptions under § 468.403(4).
These include:
- An artist or performer booking their own work.
- Musicians can always book their own gigs without being licensed.
- Family members of an artist.
- A parent or spouse helping with bookings does not need a license.
- A person who exclusively represents a single artist.
- If someone books shows only for one artist or band, and no one else, they may fall within this exemption.
However, this exemption has limits. If that “exclusive” representative starts booking multiple acts, or begins operating like an agency by collecting commissions from multiple performers, they lose the exemption and are required to obtain a license.
So, a friend who helps only you get shows can probably do so legally. But if that same friend starts booking other bands for money, they’re now crossing into “talent agency” territory.
Managers vs. Agents: Where is the Line?
A manager focuses on career direction and business planning, not direct bookings.
They might:
- Advise on branding, marketing, and strategy.
- Introduce you to producers, attorneys, or promoters.
- Help you evaluate contracts.
But they should not:
- Call venues to negotiate show dates or fees.
- Handle deposits or payments from gigs.
- Collect commissions tied to booking performances.
Once a manager starts doing any of those things, they’re effectively acting as an unlicensed talent agent — unless they qualify for one of the narrow exemptions above.
Why It Matters
The licensing requirement is designed to protect artists from unfair commissions, misleading contracts, and financial misconduct. Licensed agents must meet strict accountability standards, while unlicensed ones operate without oversight.
If you’re a musician, remember:
- It’s okay to book yourself.
- It’s okay to let a family member help.
- It’s okay to have an exclusive representative who books only you.
- But anyone who books multiple artists for pay in Florida must be licensed through the DBPR.
Bottom Line
Titles like “manager” and “booking agent” don’t mean much legally, what matters is who’s getting paid to get you work. Before signing an agreement, take a few minutes to verify whether that person is licensed or truly exempt. It can save you from major legal headaches later.
You can check licenses directly at: myfloridalicense.com.
About the Author
Stephanie Iken is a Florida attorney who helps musicians and creative professionals understand and protect their rights. Her focus is on clear, practical guidance for working artists
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.
Stephanie Iken, Attorney at Law 
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