HB 873

1
A bill to be entitled
2An act relating to athlete agents; amending s.
3468.452, F.S.; revising the definition for the term
4"athlete agent"; defining the term "national
5professional sports association"; amending s. 468.453,
6F.S.; requiring that an individual who practices as an
7athlete agent be licensed as a professional athlete
8agent or limited athlete agent by the Department of
9Business and Professional Regulation; prohibiting a
10person who is not an individual from practicing as an
11athlete agent; requiring that a professional athlete
12agent be certified as an agent by a national
13professional sports association; providing that an
14individual who is not certified as an agent by a
15national professional sports association may be
16licensed only as a limited athlete agent; requiring
17that a licensed athlete agent notify the department in
18writing of the agent's conviction of a crime or
19decertification as an agent by a national professional
20sports association within a specified period;
21requiring that the department revoke the license of an
22athlete agent who has been convicted of a crime or
23decertified by a national professional sports
24association; amending s. 468.454, F.S.; providing that
25an agent contract may conform to the form approved by
26a national professional sports association for the
27sport in which the student athlete will be represented
28under certain circumstances; providing that an agent
29contract with a student athlete in a sport for which
30there is a national professional sports association is
31void if negotiated by an agent holding a limited
32license; creating s. 468.4542, F.S.; requiring that an
33athlete agent deposit a surety bond with the
34department before contacting an athlete or entering
35into an agent contract or contract for financial
36services with a student athlete under certain
37conditions; requiring that the athlete agent maintain
38a bond for at least 2 years after the athlete agent
39ceases providing financial services or after the
40athlete agent's license expires or is revoked;
41amending s. 468.456, F.S.; prohibiting an athlete
42agent from offering or furnishing anything of value to
43a student athlete or an individual related to the
44student athlete before the student completes his or
45her last intercollegiate sports contest; prohibiting
46an athlete agent from committing an act or causing a
47person to commit an act on the agent's behalf which
48causes a student athlete to violate a rule of a
49national professional sports association under certain
50circumstances; providing for an increase in
51administrative penalties for certain violations;
52authorizing the department to revoke, refuse to renew,
53or refuse to issue an athlete agent's license if the
54agent fails to pay an administrative penalty; amending
55s. 468.45615, F.S.; providing that an athlete agent
56who offers or furnishes anything of value to a student
57athlete or an individual related to the student
58athlete before the student completes his or her last
59intercollegiate sports contest commits a felony of the
60third degree; requiring that the department send a
61notice of an athlete agent's conviction of an offense
62to each national professional sports association that
63has certified the agent; amending s. 468.4562, F.S.;
64authorizing a student athlete to sue for damages under
65certain circumstances; creating s. 468.45625, F.S.;
66requiring that the department publish on its Internet
67website information prescribing the responsibilities
68of colleges and universities under part IX, ch. 468,
69F.S.; requiring that the department notify the
70athletic director or other appropriate official of
71each college or university of any changes to the
72responsibilities; amending s. 468.4565, F.S.; revising
73provisions relating to an athlete agent's financial
74and business records; requiring that the records
75contain the telephone number of each individual
76represented by the athlete agent and the name and
77address of each national professional sports
78association that certifies the athlete agent;
79providing an effective date.
80
81Be It Enacted by the Legislature of the State of Florida:
82
83     Section 1.  Section 468.452, Florida Statutes, is amended
84to read:
85     468.452  Definitions.-For purposes of this part, the term:
86     (1)  "Agent contract" means a contract or agreement in
87which a student athlete authorizes an athlete agent to represent
88the student in the marketing of the student's athletic ability
89or athletic reputation.
90     (2)  "Athlete agent" means an individual a person who,
91directly or indirectly, recruits or solicits a student athlete
92to enter into an agent contract, or who, for any type of
93financial gain, procures, offers, promises, or attempts to
94obtain employment or promotional fees or benefits for a student
95athlete with a professional sports team or as a professional
96athlete, or with any promoter who markets or attempts to market
97the student athlete's athletic ability or athletic reputation.
98This term includes all employees and other persons acting on
99behalf of an athlete agent who participate in the activities
100included under this subsection. The term does not include a
101spouse, parent, sibling, grandparent, or guardian of the student
102athlete or an individual acting solely on behalf of a
103professional sports team or professional sports organization.
104     (3)  "Contact" means communication between an athlete agent
105and a student athlete, by whatever means, directly or
106indirectly, for the purpose of entering or soliciting entry into
107an agent contract.
108     (4)  "Department" means the Department of Business and
109Professional Regulation.
110     (5)  "Student athlete" means any student who:
111     (a)  Resides in Florida, has informed, in writing, a
112college or university of the student's intent to participate in
113that school's intercollegiate athletics, or who does participate
114in that school's intercollegiate athletics and is eligible to do
115so; or
116     (b)  Does not reside in Florida, but has informed, in
117writing, a college or university in Florida of the student's
118intent to participate in that school's intercollegiate
119athletics, or who does participate in that school's
120intercollegiate athletics and is eligible to do so.
121     (5)(6)  "Financial services" means the counseling on or the
122making or execution of investment and other financial decisions
123by the agent on behalf of the student athlete.
124     (6)  "National professional sports association" means an
125organization that certifies athlete agents to represent athletes
126in a particular professional sport. The term includes the
127National Football League Players Association, National
128Basketball Players Association, Major League Baseball Players
129Association, National Hockey League Players' Association, and
130the United States Soccer Federation.
131     (7)  "Participation" means practicing, competing, or
132otherwise representing a college or university in
133intercollegiate athletics.
134     (8)  "Student athlete" means any student who:
135     (a)  Resides in Florida, has informed, in writing, a
136college or university of the student's intent to participate in
137that school's intercollegiate athletics, or who does participate
138in that school's intercollegiate athletics and is eligible to do
139so; or
140     (b)  Does not reside in Florida, but has informed, in
141writing, a college or university in Florida of the student's
142intent to participate in that school's intercollegiate
143athletics, or who does participate in that school's
144intercollegiate athletics and is eligible to do so.
145     Section 2.  Section 468.453, Florida Statutes, is amended
146to read:
147     468.453  Licensure required; qualifications; license
148nontransferable; service of process; temporary license; license
149or application from another state; notice of conviction or
150decertification.-
151     (1)  Any individual person who practices as an athlete
152agent in this state must be licensed pursuant to this part as:
153     (a)  A professional athlete agent; or
154     (b)  A limited athlete agent.
155     (2)  A person who is not an individual may not practice as
156an athlete agent in this state.
157     (3)(2)  An individual A person shall be licensed as a
158professional an athlete agent if the applicant:
159     (a)  Is at least 18 years of age.
160     (b)  Is of good moral character.
161     (c)  Is certified as an agent by a national professional
162sports association.
163     (d)(c)  Has completed the application form and remitted an
164application fee not to exceed $500, an active licensure fee not
165to exceed $2,000, and all other applicable fees provided for in
166this part or in chapter 455.
167     (e)(d)  Has submitted to the department a fingerprint card
168for a criminal history records check. The fingerprint card shall
169be forwarded to the Division of Criminal Justice Information
170Systems within the Department of Law Enforcement for purposes of
171processing the fingerprint card to determine if the applicant
172has a criminal history record. The fingerprint card shall also
173be forwarded to the Federal Bureau of Investigation for purposes
174of processing the fingerprint card to determine if the applicant
175has a criminal history record. The information obtained by the
176processing of the fingerprint card by the Florida Department of
177Law Enforcement and the Federal Bureau of Investigation shall be
178sent to the department for the purpose of determining if the
179applicant is statutorily qualified for licensure.
180     (f)(e)  Has not in any jurisdiction, within the preceding 5
181years, been convicted or found guilty of or entered a plea of
182nolo contendere for, regardless of adjudication, a crime which
183relates to the applicant's practice or ability to practice as an
184athlete agent.
185     (4)  An individual who is not certified as an agent by a
186national professional sports association may be licensed only as
187a limited athlete agent. A limited athlete agent may represent a
188student athlete only in a sport that is not affiliated with a
189national professional sports association.
190     (5)(3)  An unlicensed individual may act as an athlete
191agent if:
192     (a)  A student athlete or person acting on the athlete's
193behalf initiates communication with the individual; and
194     (b)  Within 7 days after an initial act as an athlete
195agent, the individual submits an application for licensure.
196     (6)(4)  A license issued to an athlete agent is not
197transferable.
198     (7)(5)  By acting as an athlete agent in this state, a
199nonresident individual appoints the department as the
200individual's agent for service of process in any civil action
201related to the individual's acting as an athlete agent.
202     (8)(6)  The department may issue a temporary license while
203an application for licensure is pending. If the department
204issues a notice of intent to deny the license application, the
205initial temporary license expires and may not be extended during
206any proceeding or administrative or judicial review.
207     (9)(7)(a)  An individual who has submitted an application
208and holds a certificate, registration, or license as an athlete
209agent in another state may submit a copy of the application and
210certificate, registration, or license from the other state in
211lieu of submitting an application in the form prescribed
212pursuant to this section. The department must accept the
213application and the certificate from the other state as an
214application for registration in this state if the application in
215the other state:
216     1.  Was submitted in the other state within 6 months next
217preceding the submission of the application in this state and
218the applicant certifies that the information contained in the
219application is current;
220     2.  Contains information substantially similar to or more
221comprehensive than that required in an application submitted in
222this state; and
223     3.  Was signed by the applicant under penalty of perjury.
224     (b)  An applicant applying under this subsection must meet
225all other requirements for licensure as provided by this part.
226     (10)(a)  A licensed athlete agent shall notify the
227department in writing of the athlete agent's:
228     1.  Conviction of a crime; or
229     2.  Decertification as an athlete agent by a national
230professional sports association which has become final following
231the conclusion of the appeals process.
232     (b)  An athlete agent shall notify the department within 30
233days after the date upon which the athlete agent is convicted of
234a crime or 30 days after the date upon which decertification
235becomes final.
236     (c)  The department shall revoke the license of an athlete
237agent who has been convicted of a crime or decertified by a
238national professional sports association.
239     Section 3.  Subsections (4) and (12) of section 468.454,
240Florida Statutes, are amended to read:
241     468.454  Contracts.-
242     (4)  An agent contract that does not conform to this
243section is voidable by the student athlete. However, an agent
244contract may conform to the form approved by a national
245professional sports association for the sport in which the
246student athlete will be represented if an athlete agent is
247certified by the national professional sports association. If a
248student athlete voids an agent contract, the student athlete is
249not required to pay any consideration or return any
250consideration received from the athlete agent to induce the
251student athlete to enter into the contract.
252     (12)  An agent contract between a student athlete and an
253individual a person not licensed under this part is void and
254unenforceable. An agent contract with a student athlete in a
255sport for which there is a national professional sports
256association is void if the contract is negotiated by an athlete
257agent holding a limited license.
258     Section 4.  Section 468.4542, Florida Statutes, is created
259to read:
260     468.4542  Bond requirements.-
261     (1)  Before contacting a student athlete or entering into
262an agent contract with a student athlete in this state, an
263athlete agent shall deposit a surety bond with the department in
264the amount of $50,000, payable to the state and conditioned on:
265     (a)  The athlete agent complying with this part;
266     (b)  The payment of any administrative penalty; and
267     (c)  The payment of any damages awarded to a college or
268university or a student athlete as a result of the athlete agent
269offering or furnishing a thing of value to a student athlete or
270a family member of the athlete.
271     (2)  Before entering into a contract for financial services
272with an athlete, an athlete agent shall deposit a surety bond
273with the department in the amount of $100,000, payable to the
274state and conditioned on:
275     (a)  The athlete agent complying with this part;
276     (b)  The payment of money owed to an individual or group of
277individuals when the athlete agent or the athlete agent's
278representative or employee receives the money; and
279     (c)  The payment of damages to a student athlete caused by
280the intentional misrepresentation, fraud, deceit, or unlawful or
281negligent act or omission of the athlete agent or of the athlete
282agent's representative or employee while acting within the scope
283of a contract for financial services.
284     (3)  An athlete agent shall maintain a bond deposited with
285the department for at least 2 years after the date upon which
286the athlete agent ceases to provide financial services to a
287student athlete or the date upon which the athlete agent's
288license expires or is revoked.
289     Section 5.  Subsections (1) and (3) of section 468.456,
290Florida Statutes, are amended, and subsection (4) is added to
291that section, to read:
292     468.456  Prohibited acts.-
293     (1)  The following acts are shall be grounds for the
294disciplinary actions provided for in subsection (3):
295     (a)  A violation of any law relating to the practice as an
296athlete agent including, but not limited to, violations of this
297part and chapter 455 and any rules adopted promulgated
298thereunder.
299     (b)  Failure to account for or to pay, within a reasonable
300time, not to exceed 30 days, assets belonging to another which
301have come into the control of the athlete agent in the course of
302conducting business as an athlete agent.
303     (c)  Any conduct as an athlete agent which demonstrates bad
304faith or dishonesty.
305     (d)  Commingling money or property of another person with
306the athlete agent's money or property. Every athlete agent shall
307maintain a separate trust or escrow account in an insured bank
308or savings and loan association located in this state in which
309shall be deposited all proceeds received for another person
310through the athlete agent.
311     (e)  Accepting as a client a student athlete referred by
312and in exchange for any consideration made to an employee of or
313a coach for a college or university located in this state.
314     (f)  Before a student athlete completes his or her last
315intercollegiate sports contest, offering anything of value to
316the student athlete or an individual related to the student
317athlete within the second degree by affinity or consanguinity
318any person to induce a student athlete to enter into an
319agreement by which the agent will represent the student athlete.
320However, negotiations regarding the agent's fee are shall not be
321considered an inducement.
322     (g)  Before a student athlete completes his or her last
323intercollegiate sports contest, furnishing anything of value to
324the student athlete or an individual related to the student
325athlete within the second degree by affinity or consanguinity.
326     (h)(g)  Knowingly providing financial benefit from the
327licensee's conduct of business as an athlete agent to another
328athlete agent whose license to practice as an athlete agent is
329suspended or has been permanently revoked within the previous 5
330years.
331     (i)(h)  Committing mismanagement or misconduct as an
332athlete agent which causes financial harm to a student athlete
333or college or university.
334     (j)(i)  Failing to include the athlete agent's name and
335license number in any advertising related to the business of an
336athlete agent. Advertising does shall not include clothing or
337other novelty items.
338     (k)(j)  Publishing or causing to be published false or
339misleading information or advertisements, or giving any false
340information or making false promises to a student athlete
341concerning employment or financial services.
342     (l)(k)  Violating or aiding and abetting another person to
343violate the rules of the athletic conference or collegiate
344athletic association governing a student athlete or student
345athlete's college or university.
346     (m)(l)  Having contact, as prohibited by this part, with a
347student athlete.
348     (n)(m)  Postdating agent contracts.
349     (o)(n)  Having an athlete agent certification acted against
350by a professional athletic club or association.
351     (p)(o)  Being employed to illegally recruit or solicit
352student athletes by being used utilized by or otherwise
353collaborating with a person known to have been convicted or
354found guilty of, or to have entered a plea of nolo contendere
355to, a violation of s. 468.45615, regardless of adjudication.
356     (q)  Committing an act or causing a person to commit an act
357on the athlete agent's behalf which causes a student athlete to
358violate a rule of the national professional sports association
359for the promotion and regulation of intercollegiate athletics of
360which the student athlete's college or university is a member.
361     (3)  When the department finds any person guilty of any of
362the prohibited acts set forth in subsection (1), the department
363may enter an order imposing one or more of the penalties
364provided for in s. 455.227, and an administrative fine not to
365exceed $50,000 for a violation under paragraph (1)(g) or
366paragraph (1)(q) or an administrative fine not to exceed $25,000
367for any other each separate offense. In addition to any other
368penalties or disciplinary actions provided for in this part, the
369department shall suspend or revoke the license of any athlete
370agent licensed under this part who violates paragraph (1)(f) or
371paragraph (1)(p) (1)(o) or s. 468.45615.
372     (4)  If an athlete agent fails to pay an administrative
373penalty, the department may revoke, refuse to renew, or refuse
374to issue the athlete agent's license.
375     Section 6.  Subsection (1) of section 468.45615, Florida
376Statutes, is amended, and subsection (5) is added to that
377section, to read:
378     468.45615  Provision of illegal inducements to athletes
379prohibited; penalties; license suspension.-
380     (1)(a)  Any person who violates s. 468.456(1)(f) commits is
381guilty of a felony of the second degree, punishable as provided
382in s. 775.082, s. 775.083, s. 775.084, s. 775.089, or s.
383775.091.
384     (b)  Any person who intentionally or knowingly violates s.
385468.456(1)(g) or (1)(q) commits a felony of the third degree,
386punishable as provided in s. 775.082, s. 775.083, s. 775.084, s.
387775.089, or s. 775.091.
388     (5)  The department shall send a notice of an athlete
389agent's conviction of an offense under this section to each
390national professional sports association that certifies the
391athlete agent.
392     Section 7.  Section 468.4562, Florida Statutes, is amended
393to read:
394     468.4562  Civil action by a college or university or
395student athlete institution.-
396     (1)  A college or university or a student athlete may sue
397for damages, as provided by this section, any person who
398violates this part. A college or university or a student athlete
399may seek equitable relief to prevent or minimize harm arising
400from acts or omissions that which are or would be a violation of
401this part.
402     (2)(a)  For purposes of this section, a college or
403university is damaged if, because of activities of the person,
404the college or university is penalized, disqualified, or
405suspended from participation in intercollegiate athletics by a
406national association for the promotion and regulation of
407intercollegiate athletics, by an intercollegiate athletic
408conference, or by reasonable self-imposed disciplinary action
409taken to mitigate sanctions likely to be imposed by such
410organization and, because of that penalty, disqualification,
411suspension, or action the institution:
412     1.(a)  Loses revenue from media coverage of a sports
413contest;
414     2.(b)  Loses the right to grant an athletic scholarship;
415     3.(c)  Loses the right to recruit an athlete;
416     4.(d)  Is prohibited from participating in postseason
417athletic competition;
418     5.(e)  Forfeits an athletic contest; or
419     6.(f)  Otherwise suffers an adverse financial impact.
420     (b)  A student athlete is damaged if:
421     1.  The athlete agent's violation causes a national
422association for the promotion and regulation of intercollegiate
423athletics to disqualify or suspend the student athlete from
424participating in intercollegiate sports contests; and
425     2.  The disqualification or suspension of the student
426athlete causes the student athlete to suffer an adverse
427financial impact.
428     (3)  A plaintiff An institution that prevails in a suit
429brought under this section may recover:
430     (a)  Actual damages;
431     (b)  Punitive damages;
432     (c)  Treble damages;
433     (d)  Court costs; and
434     (e)  Reasonable attorney attorney's fees.
435     (4)  A right of action under this section does not accrue
436until the plaintiff educational institution discovers, or by the
437exercise of reasonable diligence would have discovered, the
438violation by the athlete agent or former student athlete.
439     (5)  Any liability of the athlete agent or the former
440student athlete under this section is several and not joint.
441     (6)  This part does not restrict rights, remedies, or
442defenses of any person under law or equity.
443     Section 8.  Section 468.45625, Florida Statutes, is created
444to read:
445     468.45625  Publication of responsibilities; colleges and
446universities.-
447     (1)  The department shall publish on its Internet website
448information prescribing the responsibilities of a college or
449university under this part.
450     (2)  The department shall notify the athletic director or
451other appropriate official of each college or university if
452there are any changes to the responsibilities.
453     Section 9.  Subsection (1) of section 468.4565, Florida
454Statutes, is amended to read:
455     468.4565  Business records requirement.-
456     (1)  An athlete agent shall establish and maintain complete
457financial and business records. The athlete agent shall save
458each entry into a financial or business record for at least 5
459years from the date of entry. These records must include:
460     (a)  The name, and address, and telephone number of each
461individual represented by the athlete agent;
462     (b)  Any agent contract or contract for financial services
463entered into by the athlete agent; and
464     (c)  Any direct costs incurred by the athlete agent in the
465recruitment or solicitation of a student athlete to enter into
466an agent contract or contract for financial services; and.
467     (d)  The name and address of each national professional
468sports association that currently certifies the athlete agent.
469     Section 10.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.