HOUSE AMENDMENT
751-107AX-21 Bill No. HB 1923
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Benson offered the following:
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13 Amendment (with title amendment)
14 On page 145, between lines 10 and 11, of the bill
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16 insert:
17 Section 102. Effective July 1, 2001, subsection (2) of
18 section 468.452, Florida Statutes, is amended to read:
19 468.452 Definitions.--For purposes of this part, the
20 term:
21 (2) "Athlete agent" means a person who, directly or
22 indirectly, recruits or solicits a student athlete to enter
23 into an agent contract, or who, for any type of financial
24 gain, procures, offers, promises, or attempts to obtain
25 employment or promotional fees or benefits for a student
26 athlete with a professional sports team or as a professional
27 athlete, or with any promoter who markets or attempts to
28 market the student athlete's athletic ability or athletic
29 reputation. This term includes all employees and other persons
30 acting on behalf of an athlete agent who participate in the
31 activities included under this subsection. The term does not
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HOUSE AMENDMENT
751-107AX-21 Bill No. HB 1923
Amendment No. ___ (for drafter's use only)
1 include a spouse, parent, sibling, grandparent, or guardian of
2 the student athlete or an individual acting solely on behalf
3 of a professional sports team or professional sports
4 organization.
5 Section 103. Effective July 1, 2001, section 468.453,
6 Florida Statutes, is amended to read:
7 468.453 Licensure required; qualifications;
8 examination; bond; exception; license nontransferable.--
9 (1) Any person who practices as an athlete agent in
10 this state must be licensed pursuant to this part.
11 (2) A person shall be licensed as an athlete agent if
12 the applicant:
13 (a) Is at least 18 years of age.
14 (b) Is of good moral character.
15 (c) Passes an examination provided by the department
16 which tests the applicant's proficiency to practice as an
17 athlete agent, including, but not limited to, knowledge of the
18 laws and rules of this state relating to athlete agents, this
19 part, and chapter 455.
20 (c)(d) Has completed the application form and remitted
21 an application fee not to exceed $500, an examination fee not
22 to exceed the actual cost for the examination plus $500, an
23 active licensure fee not to exceed $2,000, and all other
24 applicable fees provided for in this part or in chapter 455.
25 (d)(e) Has submitted to the department a fingerprint
26 card for a criminal history records check. The fingerprint
27 card shall be forwarded to the Division of Criminal Justice
28 Information Systems within the Department of Law Enforcement
29 for purposes of processing the fingerprint card to determine
30 if the applicant has a criminal history record. The
31 fingerprint card shall also be forwarded to the Federal Bureau
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HOUSE AMENDMENT
751-107AX-21 Bill No. HB 1923
Amendment No. ___ (for drafter's use only)
1 of Investigation for purposes of processing the fingerprint
2 card to determine if the applicant has a criminal history
3 record. The information obtained by the processing of the
4 fingerprint card by the Florida Department of Law Enforcement
5 and the Federal Bureau of Investigation shall be sent to the
6 department for the purpose of determining if the applicant is
7 statutorily qualified for licensure.
8 (e)(f) Has not in any jurisdiction, within the
9 preceding 5 years, been convicted or found guilty of or
10 entered a plea of nolo contendere for, regardless of
11 adjudication, a crime which relates to the applicant's
12 practice or ability to practice as an athlete agent.
13 (g) Has posted with the department a $15,000 surety
14 bond issued by an insurance company authorized to do business
15 in this state. The bond shall be in favor of the State of
16 Florida, Department of Business and Professional Regulation,
17 for the use and benefit of any student athlete or college or
18 university within Florida who or which is injured or damaged,
19 including reasonable costs and attorney's fees, as a result of
20 acts or omissions by the athlete agent pursuant to a license
21 issued under this part. The bond shall be written in the form
22 determined by the department. The bond shall provide that the
23 athlete agent is responsible for the acts or omissions of any
24 representatives acting under the athlete agent's supervision
25 or authority. The bond shall be in effect for and cover all
26 times that the athlete agent has an active license and
27 conducts business pursuant to that license in this or any
28 other state.
29 (3) An unlicensed individual may act as an athlete
30 agent if:
31 (a) A student athlete or person acting on the
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HOUSE AMENDMENT
751-107AX-21 Bill No. HB 1923
Amendment No. ___ (for drafter's use only)
1 athlete's behalf initiates communication with the individual;
2 and
3 (b) Within 7 days after an initial act as an athlete
4 agent, the individual submits an application for licensure.
5 Members of The Florida Bar are exempt from the state laws and
6 rules component, and the fee for such, of the examination
7 required by this section.
8 (4) A license issued to an athlete agent is not
9 transferable.
10 (5) By acting as an athlete agent in this state, a
11 nonresident individual appoints the department as the
12 individual's agent for service of process in any civil action
13 related to the individual's acting as an athlete agent.
14 (6) The department may issue a temporary license while
15 an application for licensure is pending. If the department
16 issues a notice of intent to deny the license application, the
17 initial temporary license expires and may not be extended
18 during any proceeding or administrative or judicial review.
19 Section 104. Effective July 1, 2001, section 468.454,
20 Florida Statutes, is amended to read:
21 468.454 Contracts.--
22 (1) An agent contract must be in a record, signed, or
23 otherwise authenticated by the parties.
24 (2) An agent contract must state:
25 (a) The amount and method of calculating the
26 consideration to be paid by the student athlete for services
27 to be provided by the athlete agent and any other
28 consideration the agent has received or will receive from any
29 other source under the contract;
30 (b) The name of any person not listed in the licensure
31 application who will be compensated because the student
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HOUSE AMENDMENT
751-107AX-21 Bill No. HB 1923
Amendment No. ___ (for drafter's use only)
1 athlete signed the agent contract;
2 (c) A description of any expenses that the student
3 athlete agrees to reimburse;
4 (d) A description of the services to be provided to
5 the student athlete;
6 (e) The duration of the contract; and
7 (f) The date of execution.
8 (3) An agent contract must contain, in close proximity
9 to the signature of the student athlete, a conspicuous notice
10 in boldface type in capital letters stating:
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12 WARNING TO STUDENT ATHLETE
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14 IF YOU SIGN THE CONTRACT:
15 1. YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS
16 A STUDENT ATHLETE IN YOUR SPORT;
17 2. IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72
18 HOURS AFTER ENTERING INTO THE CONTRACT, YOU AND
19 YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC
20 DIRECTOR; AND
21 3. YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS
22 AFTER SIGNING IT. HOWEVER, CANCELLATION OF THIS
23 CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
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25 (4) An agent contract that does not conform to this
26 section is voidable by the student athlete. If a student
27 athlete voids an agent contract, the student athlete is not
28 required to pay any consideration or return any consideration
29 received from the athlete agent to induce the student athlete
30 to enter into the contract.
31 (5) The athlete agent shall give a record of the
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HOUSE AMENDMENT
751-107AX-21 Bill No. HB 1923
Amendment No. ___ (for drafter's use only)
1 signed or authenticated agent contract to the student athlete
2 at the time of execution.
3 (6) Within 72 hours after entering into an agent
4 contract or before the next scheduled athletic event in which
5 the student athlete may participate, whichever occurs first,
6 the athlete agent must give notice in a record of the
7 existence of the contract to the athletic director of the
8 educational institution at which the student athlete is
9 enrolled or the athlete agent has reasonable grounds to
10 believe the student athlete intends to enroll.
11 (7) Within 72 hours after entering into an agent
12 contract or before the next athletic event in which the
13 student athlete may participate, whichever occurs first, the
14 student athlete must inform the athletic director of the
15 educational institution at which the student athlete is
16 enrolled that he or she has entered into an agent contract.
17 (8) A student athlete may cancel an agent contract by
18 giving notice of the cancellation to the athlete agent in a
19 record within 14 days after the contract is signed.
20 (9) A student athlete may not waive the right to
21 cancel an agent contract.
22 (10) If a student athlete cancels an agent contract,
23 the student athlete is not required to pay any consideration
24 or return any consideration received from the athlete agent to
25 induce the student athlete to enter into the contract.
26 (1) An athlete agent and a student athlete who enter
27 into an agent contract must provide written notice of the
28 contract to the athletic director or the president of the
29 college or university in which the student athlete is
30 enrolled. The athlete agent and the student must give the
31 notice before the contracting student athlete practices or
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HOUSE AMENDMENT
751-107AX-21 Bill No. HB 1923
Amendment No. ___ (for drafter's use only)
1 participates in any intercollegiate athletic event or within
2 72 hours after entering into said contract, whichever comes
3 first. Failure of the athlete agent to provide this
4 notification is a felony of the third degree, punishable as
5 provided in ss. 775.082, 775.083, 775.084, 775.089, and
6 775.091.
7 (2) A written contract between a student athlete and
8 an athlete agent must state the fees and percentages to be
9 paid by the student athlete to the agent and must have a
10 notice printed near the student athlete's signature containing
11 the following statement in 10-point boldfaced type:
12 "WARNING TO THE STUDENT ATHLETE: WHEN YOU SIGN THIS
13 CONTRACT, YOU WILL LIKELY IMMEDIATELY LOSE YOUR ELIGIBILITY TO
14 COMPETE IN INTERCOLLEGIATE ATHLETICS. TO AVOID CRIMINAL
15 PROSECUTION YOU MUST GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED
16 INTO THIS CONTRACT TO THE ATHLETIC DIRECTOR OR PRESIDENT OF
17 YOUR COLLEGE OR UNIVERSITY WITHIN 72 HOURS AFTER ENTERING INTO
18 THIS CONTRACT OR PRIOR TO PARTICIPATING IN INTERCOLLEGIATE
19 ATHLETICS, WHICHEVER COMES FIRST. FAILURE TO PROVIDE THIS
20 NOTICE IS A CRIMINAL OFFENSE. DO NOT SIGN THIS CONTRACT UNTIL
21 YOU HAVE READ IT AND FILLED IN ANY BLANK SPACES. YOU MAY
22 CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT IN WRITING
23 OF YOUR DESIRE TO CANCEL NOT LATER THAN THE 15TH DAY AFTER THE
24 DATE YOU SIGN THIS CONTRACT. HOWEVER, EVEN IF YOU CANCEL THIS
25 CONTRACT, THE INTERCOLLEGIATE ATHLETIC ASSOCIATION OR
26 CONFERENCE TO WHICH YOUR COLLEGE OR UNIVERSITY BELONGS MAY NOT
27 RESTORE YOUR ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE
28 ATHLETICS."
29 (3) An agent contract which does not meet the
30 requirements of this section is void and unenforceable.
31 (4) Within 15 days after the date the athletic
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HOUSE AMENDMENT
751-107AX-21 Bill No. HB 1923
Amendment No. ___ (for drafter's use only)
1 director or president of the college or university of the
2 student athlete receives the notice required by this section
3 that a student athlete has entered into an athlete agent
4 contract, the student athlete shall have the right to rescind
5 the contract with the athlete agent by giving written notice
6 to the athlete agent of the student athlete's rescission of
7 the contract. The student athlete may not under any
8 circumstances waive the student athlete's right to rescind the
9 agent contract.
10 (5) A postdated agent contract is void and
11 unenforceable.
12 (11)(6) An athlete agent shall not enter into an agent
13 contract that purports to or takes effect at a future time
14 after the student athlete no longer has remaining eligibility
15 to participate in intercollegiate athletics. Such a contract
16 is void and unenforceable.
17 (12)(7) An agent contract between a student athlete
18 and a person not licensed under this part is void and
19 unenforceable.
20 Section 105. Effective July 1, 2001, subsection (3) of
21 section 468.456, Florida Statutes, is amended to read:
22 468.456 Prohibited acts.--
23 (3) When the department finds any person guilty of any
24 of the prohibited acts set forth in subsection (1), the
25 department may enter an order imposing one or more of the
26 penalties provided for in s. 455.227, and an administrative
27 fine not to exceed $25,000 for each separate offense. In
28 addition to any other penalties or disciplinary actions
29 provided for in this part, the department shall suspend or
30 revoke the license of any athlete agent licensed under this
31 part who violates paragraph (1)(f) or paragraph (1)(o) or s.
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HOUSE AMENDMENT
751-107AX-21 Bill No. HB 1923
Amendment No. ___ (for drafter's use only)
1 468.45615.
2 Section 106. Effective July 1, 2001, subsection (4) is
3 added to section 468.45615, Florida Statutes, to read:
4 468.45615 Provision of illegal inducements to athletes
5 prohibited; penalties; license suspension.--
6 (4)(a) An athlete agent, with the intent to induce a
7 student athlete to enter into an agent contract, may not:
8 1. Give any materially false or misleading information
9 or make a materially false promise or representation;
10 2. Furnish anything of value to a student athlete
11 before the student athlete enters into the agent contract; or
12 3. Furnish anything of value to any individual other
13 than the student athlete or another athlete agent.
14 (b) An athlete agent may not intentionally:
15 1. Initiate contact with a student athlete unless
16 licensed under this part;
17 2. Refuse or fail to retain or permit inspection of
18 the records required to be retained by s. 468.4565;
19 3. Provide materially false or misleading information
20 in an application for licensure;
21 4. Predate or postdate an agent contract;
22 5. Fail to give notice of the existence of an agent
23 contract as required by s. 468.454(6); or
24 6. Fail to notify a student athlete before the student
25 athlete signs or otherwise authenticates an agent contract for
26 a sport that the signing or authentication may make the
27 student athlete ineligible to participate as a student athlete
28 in that sport.
29 (c) An athlete agent who violates this subsection
30 commits a felony of the second degree, punishable as provided
31 in s. 775.082, s. 775.083, or s. 775.084.
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HOUSE AMENDMENT
751-107AX-21 Bill No. HB 1923
Amendment No. ___ (for drafter's use only)
1 Section 107. Effective July 1, 2001, section 468.4562,
2 Florida Statutes, is amended to read:
3 468.4562 Civil action by institution.--
4 (1) A college or university may sue for damages, as
5 provided by this section, any person who violates this part.
6 A college or university may seek equitable relief to prevent
7 or minimize harm arising from acts or omissions which are or
8 would be a violation of this part.
9 (2) For purposes of this section, a college or
10 university is damaged if, because of activities of the person,
11 the college or university is penalized, or is disqualified, or
12 suspended from participation in intercollegiate athletics by a
13 national association for the promotion and regulation of
14 intercollegiate athletics, or by an intercollegiate athletic
15 conference, or by reasonable self-imposed disciplinary action
16 taken to mitigate sanctions likely to be imposed by such
17 organization and, because of that penalty, disqualification,
18 or suspension, or action, the institution:
19 (a) Loses revenue from media coverage of a sports
20 contest;
21 (b) Loses the right to grant an athletic scholarship;
22 (c) Loses the right to recruit an athlete;
23 (d) Is prohibited from participating in postseason
24 athletic competition;
25 (e) Forfeits an athletic contest; or
26 (f) Otherwise suffers an adverse financial impact.
27 (3) An institution that prevails in a suit brought
28 under this section may recover:
29 (a) Actual damages;
30 (b) Punitive damages;
31 (c) Treble damages;
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HOUSE AMENDMENT
751-107AX-21 Bill No. HB 1923
Amendment No. ___ (for drafter's use only)
1 (d) Court costs; and
2 (e) Reasonable attorney's fees.
3 (4) A right of action under this section does not
4 accrue until the educational institution discovers, or by the
5 exercise of reasonable diligence would have discovered, the
6 violation by the athlete agent or former student athlete.
7 (5) Any liability of the athlete agent or the former
8 student athlete under this section is several and not joint.
9 (6) This part does not restrict rights, remedies, or
10 defenses of any person under law or equity.
11 Section 108. Effective July 1, 2001, subsection (1) of
12 section 468.4565, Florida Statutes, is amended to read:
13 468.4565 Business records requirement.--
14 (1) An athlete agent who holds an active license and
15 engages in business as an athlete agent shall establish and
16 maintain complete financial and business records. The athlete
17 agent shall save each entry into a financial or business
18 record for at least 5 4 years from the date of entry. These
19 records must include, but shall not be limited to:
20 (a) The name and address of each individual
21 represented by the athlete agent;
22 (b) Any agent contract entered into by the athlete
23 agent; and
24 (c) Any direct costs incurred by the athlete agent in
25 the recruitment or solicitation of a student athlete to enter
26 into an agent contract.
27 Section 109. Effective July 1, 2001, sections 468.4563
28 and 468.4564, Florida Statutes, are repealed.
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HOUSE AMENDMENT
751-107AX-21 Bill No. HB 1923
Amendment No. ___ (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 6, line 2,
4
5 after the semicolon insert:
6 amending s. 468.452, F.S.; revising a
7 definition; amending s. 468.453, F.S.; revising
8 licensure requirements for athlete agents;
9 providing for service of process on nonresident
10 agents; providing for temporary licenses;
11 deleting a bond requirement; amending s.
12 468.454, F.S.; revising contract requirements;
13 providing for cancellation of contracts;
14 amending s. 468.456, F.S.; providing for
15 increased administrative fines; amending s.
16 468.45615, F.S.; providing additional criminal
17 penalties for certain acts; amending s.
18 468.4562, F.S.; revising provisions relating to
19 civil remedies available to colleges and
20 universities for violations of athlete agent
21 regulations; amending s. 468.4565, F.S.;
22 revising business record requirements;
23 repealing s. 468.4563, F.S., relating to
24 authority to require continuing education by
25 athlete agents; repealing s. 468.4564, F.S.,
26 relating to license display requirements;
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