House Bill hb0179

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    Florida House of Representatives - 2002                 HB 179

        By Representative Benson






  1                      A bill to be entitled

  2         An act relating to athlete agents; amending s.

  3         468.452, F.S.; revising definitions; amending

  4         s. 468.453, F.S.; removing the examination

  5         requirement for licensure as an athlete agent;

  6         removing an exemption for members of The

  7         Florida Bar, to conform; authorizing an

  8         unlicensed individual to act as an athlete

  9         agent under certain conditions; providing for

10         service of process on nonresident agents;

11         providing for temporary licenses; providing for

12         reciprocity; amending s. 468.454, F.S.;

13         revising agent contract requirements, including

14         notice requirements; providing for cancellation

15         of agent contracts; amending s. 468.456, F.S.;

16         providing for increased administrative fines;

17         amending s. 468.45615, F.S.; providing

18         additional criminal penalties for certain

19         prohibited acts; amending s. 468.4562, F.S.;

20         revising provisions relating to civil remedies

21         available to colleges and universities for

22         violations of athlete agent regulations;

23         specifying when right of action accrues;

24         specifying liability; amending s. 468.4565,

25         F.S.; expanding business records requirements

26         and extending recordkeeping requirements;

27         repealing s. 468.4563, F.S., relating to

28         authority to require continuing education by

29         athlete agents; repealing s. 468.4564, F.S.,

30         relating to license display requirements;

31         providing an effective date.

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  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Subsections (2) and (5) of section 468.452,

  4  Florida Statutes, are amended to read:

  5         468.452  Definitions.--For purposes of this part, the

  6  term:

  7         (2)  "Athlete agent" means a person who, directly or

  8  indirectly, recruits or solicits a student athlete to enter

  9  into an agent contract, or who, for any type of financial

10  gain, procures, offers, promises, or attempts to obtain

11  employment or promotional fees or benefits for a student

12  athlete with a professional sports team or as a professional

13  athlete, or with any promoter who markets or attempts to

14  market the student athlete's athletic ability or athletic

15  reputation.  The term includes all employees and other persons

16  acting on behalf of an athlete agent who participate in the

17  activities included under this subsection.  The term does not

18  include a spouse, parent, sibling, grandparent, or guardian of

19  the student athlete or an individual acting solely on behalf

20  of a professional sports team or professional sports

21  organization.

22         (5)  "Student athlete" means any student who:

23         (a)  Resides in Florida, has informed, in writing, a

24  college or university of the student's intent to participate

25  in that school's intercollegiate athletics, or who does

26  participate in that school's intercollegiate athletics and is

27  eligible to do so; or

28         (b)  Does not reside in Florida, but has informed, in

29  writing, a college or university in Florida of the student's

30  intent to participate in that school's intercollegiate

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  1  athletics, or who does participate in that school's

  2  intercollegiate athletics and is eligible to do so; or.

  3         (c)  Is less than 21 years of age and may be eligible

  4  in the future to engage in any intercollegiate athletics.

  5         Section 2.  Section 468.453, Florida Statutes, is

  6  amended to read:

  7         468.453  Licensure required; qualifications;

  8  examination; bond; exception; license nontransferable; service

  9  of process on nonresident agents; temporary license;

10  reciprocity.--

11         (1)  Any person who practices as an athlete agent in

12  this state must be licensed pursuant to this part.

13         (2)  A person shall be licensed as an athlete agent if

14  the applicant:

15         (a)  Is at least 18 years of age.

16         (b)  Is of good moral character.

17         (c)  Passes an examination provided by the department

18  which tests the applicant's proficiency to practice as an

19  athlete agent, including, but not limited to, knowledge of the

20  laws and rules of this state relating to athlete agents, this

21  part, and chapter 455.

22         (c)(d)  Has completed the application form and remitted

23  an application fee not to exceed $500, an examination fee not

24  to exceed the actual cost for the examination plus $500, an

25  active licensure fee not to exceed $2,000, and all other

26  applicable fees provided for in this part or in chapter 455.

27         (d)(e)  Has submitted to the department a fingerprint

28  card for a criminal history records check. The fingerprint

29  card shall be forwarded to the Division of Criminal Justice

30  Information Systems within the Department of Law Enforcement

31  for purposes of processing the fingerprint card to determine

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  1  if the applicant has a criminal history record. The

  2  fingerprint card shall also be forwarded to the Federal Bureau

  3  of Investigation for purposes of processing the fingerprint

  4  card to determine if the applicant has a criminal history

  5  record. The information obtained by the processing of the

  6  fingerprint card by the Florida Department of Law Enforcement

  7  and the Federal Bureau of Investigation shall be sent to the

  8  department for the purpose of determining if the applicant is

  9  statutorily qualified for licensure.

10         (e)(f)  Has not in any jurisdiction, within the

11  preceding 5 years, been convicted or found guilty of or

12  entered a plea of nolo contendere for, regardless of

13  adjudication, a crime which relates to the applicant's

14  practice or ability to practice as an athlete agent.

15         (f)(g)  Has posted with the department a $15,000 surety

16  bond issued by an insurance company authorized to do business

17  in this state.  The bond shall be in favor of the State of

18  Florida, Department of Business and Professional Regulation,

19  for the use and benefit of any student athlete or college or

20  university within Florida who or which is injured or damaged,

21  including reasonable costs and attorney's fees, as a result of

22  acts or omissions by the athlete agent pursuant to a license

23  issued under this part.  The bond shall be written in the form

24  determined by the department. The bond shall provide that the

25  athlete agent is responsible for the acts or omissions of any

26  representatives acting under the athlete agent's supervision

27  or authority. The bond shall be in effect for and cover all

28  times that the athlete agent has an active license and

29  conducts business pursuant to that license in this or any

30  other state.

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  1         (3)  An unlicensed individual may act as an athlete

  2  agent if:

  3         (a)  A student athlete or person acting on the

  4  athlete's behalf initiates communication with the individual;

  5  and

  6         (b)  Within 7 days after an initial act as an athlete

  7  agent, the individual submits an application for licensure.

  8  Members of The Florida Bar are exempt from the state laws and

  9  rules component, and the fee for such, of the examination

10  required by this section.

11         (4)  A license issued to an athlete agent is not

12  transferable.

13         (5)  By acting as an athlete agent in this state, a

14  nonresident individual appoints the department as the

15  individual's agent for service of process in any civil action

16  related to the individual's acting as an athlete agent.

17         (6)  The department may issue a temporary license while

18  an application for licensure is pending.  If the department

19  issues a notice of intent to deny the license application, the

20  initial temporary license expires and may not be extended

21  during any proceeding or administrative or judicial review.

22         (7)(a)  An individual who has submitted an application

23  and holds a certificate, registration, or license as an

24  athlete agent in another state may submit a copy of the

25  application and certificate, registration, or license from the

26  other state in lieu of submitting an application in the form

27  prescribed pursuant to this section.  The department shall

28  accept the copy of the application and certificate,

29  registration, or license from the other state as an

30  application for licensure in this state if the application in

31  the other state:

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  1         1.  Was submitted in the other state within 6 months

  2  next preceding the submission of the application in this state

  3  and the applicant certifies that the information contained in

  4  the earlier application is current;

  5         2.  Contains information substantially similar to or

  6  more comprehensive than that required in an application

  7  submitted in this state; and

  8         3.  Was signed by the applicant under penalty of

  9  perjury.

10         (b)  An applicant applying under this subsection must

11  meet all other requirements for licensure as provided by this

12  part.

13         Section 3.  Section 468.454, Florida Statutes, is

14  amended to read:

15         468.454  Agent contracts.--

16         (1)  An agent contract must be in a record signed or

17  otherwise authenticated by the parties.

18         (2)  An agent contract must state:

19         (a)  The amount and method of calculating the

20  consideration to be paid by the student athlete for services

21  to be provided by the athlete agent and any other

22  consideration the agent has received or will receive from any

23  other source under the contract.

24         (b)  The name of any person not listed in the licensure

25  application who will be compensated because the student

26  athlete signed the contract.

27         (c)  A description of any expenses that the student

28  athlete agrees to reimburse.

29         (d)  A description of the services to be provided to

30  the student athlete.

31         (e)  The duration of the contract.

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  1         (f)  The date of execution of the contract.

  2         (3)  An agent contract must contain, in close proximity

  3  to the signature of the student athlete, a conspicuous notice

  4  in boldfaced type in capital letters stating:

  5

  6                    WARNING TO STUDENT ATHLETE

  7

  8         IF YOU SIGN THE CONTRACT:

  9         1.  YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS

10         A STUDENT ATHLETE IN YOUR SPORT;

11         2.  IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72

12         HOURS AFTER ENTERING INTO THE CONTRACT, YOU AND

13         YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC

14         DIRECTOR; AND

15         3.  YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS

16         AFTER SIGNING IT. HOWEVER, CANCELLATION OF THIS

17         CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

18

19         (4)  An agent contract that does not conform to this

20  section is voidable by the student athlete.  If a student

21  athlete voids an agent contract, the student athlete is not

22  required to pay any consideration or return any consideration

23  received from the athlete agent to induce the student athlete

24  to enter into the contract.

25         (5)  The athlete agent shall give a record of the

26  signed or authenticated agent contract to the student athlete

27  at the time of its execution.

28         (6)  Before the next scheduled athletic event in which

29  the student athlete may participate or within 72 hours after

30  entering into an agent contract, whichever occurs first, the

31  athlete agent must give notice in a record of the existence of

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  1  the contract to the athletic director of the educational

  2  institution at which the student athlete is enrolled or the

  3  athlete agent has reasonable grounds to believe the student

  4  athlete intends to enroll.

  5         (7)  Before the next athletic event in which the

  6  student athlete may participate or within 72 hours after

  7  entering into an agent contract, whichever occurs first, the

  8  student athlete must inform the athletic director of the

  9  educational institution at which the student athlete is

10  enrolled that he or she has entered into an agent contract.

11         (8)  A student athlete may cancel an agent contract by

12  giving notice of the cancellation to the athlete agent in a

13  record within 14 days after the contract is signed.

14         (9)  A student athlete may not waive the right to

15  cancel an agent contract.

16         (10)  If a student athlete cancels an agent contract,

17  the student athlete is not required to pay or return any

18  consideration received from the athlete agent to induce the

19  student athlete to enter into the contract.

20         (1)  An athlete agent and a student athlete who enter

21  into an agent contract must provide written notice of the

22  contract to the athletic director or the president of the

23  college or university in which the student athlete is

24  enrolled.  The athlete agent and the student must give the

25  notice before the contracting student athlete practices or

26  participates in any intercollegiate athletic event or within

27  72 hours after entering into said contract, whichever comes

28  first. Failure of the athlete agent to provide this

29  notification is a felony of the third degree, punishable as

30  provided in ss. 775.082, 775.083, 775.084, 775.089, and

31  775.091.

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  1         (2)  A written contract between a student athlete and

  2  an athlete agent must state the fees and percentages to be

  3  paid by the student athlete to the agent and must have a

  4  notice printed near the student athlete's signature containing

  5  the following statement in 10-point boldfaced type:

  6         "WARNING TO THE STUDENT ATHLETE:  WHEN YOU SIGN THIS

  7  CONTRACT, YOU WILL LIKELY IMMEDIATELY LOSE YOUR ELIGIBILITY TO

  8  COMPETE IN INTERCOLLEGIATE ATHLETICS.  TO AVOID CRIMINAL

  9  PROSECUTION YOU MUST GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED

10  INTO THIS CONTRACT TO THE ATHLETIC DIRECTOR OR PRESIDENT OF

11  YOUR COLLEGE OR UNIVERSITY WITHIN 72 HOURS AFTER ENTERING INTO

12  THIS CONTRACT OR PRIOR TO PARTICIPATING IN INTERCOLLEGIATE

13  ATHLETICS, WHICHEVER COMES FIRST. FAILURE TO PROVIDE THIS

14  NOTICE IS A CRIMINAL OFFENSE.  DO NOT SIGN THIS CONTRACT UNTIL

15  YOU HAVE READ IT AND FILLED IN ANY BLANK SPACES.  YOU MAY

16  CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT IN WRITING

17  OF YOUR DESIRE TO CANCEL NOT LATER THAN THE 15TH DAY AFTER THE

18  DATE YOU SIGN THIS CONTRACT. HOWEVER, EVEN IF YOU CANCEL THIS

19  CONTRACT, THE INTERCOLLEGIATE ATHLETIC ASSOCIATION OR

20  CONFERENCE TO WHICH YOUR COLLEGE OR UNIVERSITY BELONGS MAY NOT

21  RESTORE YOUR ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE

22  ATHLETICS."

23         (3)  An agent contract which does not meet the

24  requirements of this section is void and unenforceable.

25         (4)  Within 15 days after the date the athletic

26  director or president of the college or university of the

27  student athlete receives the notice required by this section

28  that a student athlete has entered into an athlete agent

29  contract, the student athlete shall have the right to rescind

30  the contract with the athlete agent by giving written notice

31  to the athlete agent of the student athlete's rescission of

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  1  the contract.  The student athlete may not under any

  2  circumstances waive the student athlete's right to rescind the

  3  agent contract.

  4         (5)  A postdated agent contract is void and

  5  unenforceable.

  6         (11)(6)  An athlete agent shall not enter into an agent

  7  contract that purports to or takes effect at a future time

  8  after the student athlete no longer has remaining eligibility

  9  to participate in intercollegiate athletics.  Such a contract

10  is void and unenforceable.

11         (12)(7)  An agent contract between a student athlete

12  and a person not licensed under this part is void and

13  unenforceable.

14         Section 4.  Subsection (3) of section 468.456, Florida

15  Statutes, is amended, and paragraphs (f) and (o) of subsection

16  (1) of said section are reenacted, to read:

17         468.456  Prohibited acts.--

18         (1)  The following acts shall be grounds for the

19  disciplinary actions provided for in subsection (3):

20         (f)  Offering anything of value to any person to induce

21  a student athlete to enter into an agreement by which the

22  agent will represent the student athlete. However,

23  negotiations regarding the agent's fee shall not be considered

24  an inducement.

25         (o)  Being employed to illegally recruit or solicit

26  student athletes by being utilized by or otherwise

27  collaborating with a person known to have been convicted or

28  found guilty of, or to have entered a plea of nolo contendere

29  to, a violation of s. 468.45615, regardless of adjudication.

30         (3)  When the department finds any person guilty of any

31  of the prohibited acts set forth in subsection (1), the

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  1  department may enter an order imposing one or more of the

  2  penalties provided for in s. 455.227 and an administrative

  3  fine not to exceed $25,000 for each separate offense. In

  4  addition to any other penalties or disciplinary actions

  5  provided for in this part, the department shall suspend or

  6  revoke the license of any athlete agent licensed under this

  7  part who violates paragraph (1)(f) or paragraph (1)(o) or s.

  8  468.45615.

  9         Section 5.  Subsection (4) is added to section

10  468.45615, Florida Statutes, to read:

11         468.45615  Provision of illegal inducements to athletes

12  prohibited; penalties; license suspension.--

13         (4)(a)  An athlete agent, with the intent to induce a

14  student athlete to enter into an agent contract, may not:

15         1.  Give any materially false or misleading information

16  or make a materially false promise or representation;

17         2.  Furnish anything of value to a student athlete

18  before the student athlete enters into the agent contract; or

19         3.  Furnish anything of value to any individual other

20  than the student athlete or another athlete agent.

21         (b)  An athlete agent may not intentionally:

22         1.  Initiate contact with a student athlete unless

23  licensed under this part;

24         2.  Refuse or fail to retain or permit inspection of

25  the records required to be retained by s. 468.4565;

26         3.  Provide materially false or misleading information

27  in an application for licensure;

28         4.  Predate or postdate an agent contract;

29         5.  Fail to give notice of the existence of an agent

30  contract as required by s. 468.454(6); or

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  1         6.  Fail to notify a student athlete before the student

  2  athlete signs or otherwise authenticates an agent contract for

  3  a sport that the signing or authentication may make the

  4  student athlete ineligible to participate as a student athlete

  5  in that sport.

  6         (c)  An athlete agent who violates this subsection

  7  commits a felony of the second degree, punishable as provided

  8  in s. 775.082, s. 775.083, or s. 775.084.

  9         Section 6.  Section 468.4562, Florida Statutes, is

10  amended to read:

11         468.4562  Civil action by institution.--

12         (1)  A college or university may sue for damages, as

13  provided by this section, any person who violates this part.

14  A college or university may seek equitable relief to prevent

15  or minimize harm arising from acts or omissions which are or

16  would be a violation of this part.

17         (2)  For purposes of this section, a college or

18  university is damaged if, because of activities of the person,

19  the college or university is penalized or is disqualified or

20  suspended from participation in intercollegiate athletics by a

21  national association for the promotion and regulation of

22  intercollegiate athletics or by an intercollegiate athletic

23  conference, or is otherwise disciplined by reasonable

24  self-imposed action taken to mitigate sanctions likely to be

25  imposed by such association or conference, and, because of

26  that penalty, disqualification, or suspension, or action, the

27  institution:

28         (a)  Loses revenue from media coverage of a sports

29  contest;

30         (b)  Loses the right to grant an athletic scholarship;

31         (c)  Loses the right to recruit an athlete;

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  1         (d)  Is prohibited from participating in postseason

  2  athletic competition;

  3         (e)  Forfeits an athletic contest; or

  4         (f)  Otherwise suffers an adverse financial impact.

  5         (3)  An institution that prevails in a suit brought

  6  under this section may recover:

  7         (a)  Actual damages;

  8         (b)  Punitive damages;

  9         (c)  Treble damages;

10         (d)  Court costs; and

11         (e)  Reasonable attorney's fees.

12         (4)  A right of action under this section does not

13  accrue until the educational institution discovers or by the

14  exercise of reasonable diligence would have discovered the

15  violation by the athlete agent or former student athlete.

16         (5)  Any liability of the athlete agent or the former

17  student athlete under this section is several and not joint.

18         (6)  This part does not restrict rights, remedies, or

19  defenses of any person under law or equity.

20         Section 7.  Subsection (1) of section 468.4565, Florida

21  Statutes, is amended to read:

22         468.4565  Business records requirement.--

23         (1)  An athlete agent who holds an active license and

24  engages in business as an athlete agent shall establish and

25  maintain complete financial and business records.  The athlete

26  agent shall save each entry into a financial or business

27  record for at least 5 4 years from the date of entry.  These

28  records must include, but shall not be limited to:

29         (a)  The name and address of each individual

30  represented by the athlete agent.

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  1         (b)  Any agent contract entered into by the athlete

  2  agent.

  3         (c)  Any direct costs incurred by the athlete agent in

  4  the recruitment or solicitation of a student athlete to enter

  5  into an agent contract.

  6         Section 8.  Sections 468.4563 and 468.4564, Florida

  7  Statutes, are repealed.

  8         Section 9.  This act shall take effect July 1, 2002.

  9

10            *****************************************

11                          HOUSE SUMMARY

12
      Revises various provisions of pt. IX, ch. 468, F.S.,
13    relating to the regulation of athlete agents.  Includes
      in the definition of "athlete agent" certain employees
14    and other persons acting on behalf of an athlete agent
      and excludes from the definition specified relatives and
15    persons acting solely for a professional sports team or a
      professional sports organization.  Includes in the
16    definition of "student athlete" any student who is less
      than 21 years of age and may be eligible in the future to
17    engage in any intercollegiate athletics.  Removes the
      examination requirement for licensure as an athlete
18    agent.  Authorizes an unlicensed individual to act as an
      athlete agent under certain conditions.  Designates the
19    Department of Business and Professional Regulation as the
      agent for service of process on nonresident athlete
20    agents.  Provides for temporary licensure pending the
      application process under specified circumstances.
21    Provides for reciprocity.  Modifies agent contract
      provisions, including notice requirements.  Provides for
22    cancellation of agent contracts.  Increases the
      administrative fine for prohibited acts.  Provides
23    additional criminal penalties for certain prohibited
      acts.  Enhances civil remedies for educational
24    institutions by broadening the scope of recoverable
      damages, by holding former student athletes and athlete
25    agents severally liable, and by extending the time to
      initiate action.  Expands business records requirements
26    and extends recordkeeping requirements.  Repeals
      provisions relating to continuing legal education and
27    licensure display requirements.  See bill for details.

28

29

30

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