What Permits Do I Need In Order To Employ Child Talent in Miami, Florida?

What Permits Do I Need In Order To Employ Child Talent in Miami, Florida?

Employing child talent in Miami, Florida will require a lot of permits and licenses beyond those required for general talent representation. This can be expensive and difficult if not done correctly; as such, it is always recommended that you are represented by professionals who can help you navigate these challenges.

What Are Some Common Permits and Licenses That May Be Needed?

There are several permits and licenses that may be needed depending on your specific business. However, when it comes to employing child talent, these are some of the most common: (1) child performer permit; (2) custodian designation; (3) trust account; and (4) work permit. 

You will need to obtain a child performer permit from the Florida Department of Business and Professional Regulation (DBPR) for each child performer under the age of 18. This permit ensures that the child performer is in compliance withstate laws regarding child labor. Child labor laws in Florida are equally as strict as federal laws, requiring certain school-related and health-based accommodations and even requiring specific times of which children can work. For example, no child or young adult may work for an entertainment industry employer before 7:00 a.m. or after 11:30 p.m. Additionally, no child or young adult may be required to work for more than 6 consecutive days.

You will also need to designate a custodian for each child performer under the age of 18, who will be responsible for the child’s welfare while working. A custodian is an adult, normally related to the child, who acts in the child’s best interest, as if he or she were the child’s parent. In Florida, a custodian normally needs to be above the age of 18; however, certain exceptions have been made by the courts for those 17 and older who have been found competent enough to serve in this function.

You will also need to set up a trust account for each child performer under the age of 18, where a percentage of the child’s earnings will be held in trust for the child until they reach the age of 18; normally, this will exclude any commission you charge the child for your services, which is normally as low as 10% to as high as 30%. Setting up the trust account is normally done with a bank. Once at the bank, an employee will help you set up the trust account; you will need information such as (1) who the trustees will be, normally the agent and one of the parents or guardians; (2) who will be the beneficiary, normally the child; (3) the child’s social security number; and (4) the account’s taxpayer identification number, which the bank’s financial advisor can help you with.  

It is important to remember that you will need to comply with state and federal labor laws regarding the employment of minors, including the Fair Labor Standards Act (FLSA) and the Child Labor Laws. For example, according to the FLSA, you must ensure that the child is working in a safe work environment that does not jeopardize their health, well-being or educational opportunities. You will need to obtain a work permit from the school district of the minor, they need to be in compliance with their school regulations. 

What Are Some General Business Tips for Starting Your Child Talent Business?

Creating your child talent business can be complicated and confusing, as such here are some general business tips for starting your child talent business: (1) plan your business, such as the name, logo, and branding; (2) choose a business structure, such as an LLC or a corporation; (3) register your agency for taxes; (4) open a business bank account and credit card; (5) set up accounting for your agency; (6) get your necessary permits and licenses; (7) get talent agency insurance; (8) define your brand and protect it with a trademark or service mark; (9) create your website; and (10) set up your business phone system and business cards.  

The process of starting a business can be difficult, expensive, and time-consuming, as such it is recommended to hire an attorney who can better help you through each stage of this process. 

EPGD Business Law is located in beautiful Coral Gables, West Palm Beach and historic Washington D.C. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Silvino Diaz

Silvino E. Diaz’s practice ranges from Civil and Commercial Litigation to Entertainment and Intellectual Property Law. Silvino has earned a reputation as one of Puerto Rico’s foremost advocates for independent musicians and artists. As a result of his sustained commitment to creative industries, he was named Professor of Intellectual Property Law at Atlantic University College (Guaynabo, PR) – the Caribbean’s leading digital arts institution – where he spearheaded the “Introduction to IP” course for both the graduate and undergraduate programs, and was appointed by the Office of the President to develop an Intellectual Property graduate curriculum, where he served until moving to Miami in 2017. He is the founder of the service known as Starving Artists, where he offers innovative business and legal counsel for artists and creatives.


*The following comments are not intended to be treated as legal advice. The answer to your question is limited to the basic facts presented. Additional details may heavily alter our assessment and change the answer provided. For a more thorough review of your question please contact our office for a consultation.

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