Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 646
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Education (Mayfield) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5  
    6         Section 1. Section 1006.74 Florida Statutes, is created to
    7  read:
    8         1006.74Intercollegiate athlete compensation and rights.
    9  The Legislature finds that intercollegiate athletics provide
   10  intercollegiate athletes with significant educational
   11  opportunities. However, participation in intercollegiate
   12  athletics should not infringe upon an intercollegiate athlete’s
   13  ability to earn compensation for her or his name, image, or
   14  likeness. An intercollegiate athlete must have an equal
   15  opportunity to control and profit from the commercial use of her
   16  or his name, image, or likeness, and be protected from
   17  unauthorized appropriation and commercial exploitation of her or
   18  his right to publicity, including her or his name, image, or
   19  likeness.
   20         (1)DEFINITIONS.—As used in this section, the term:
   21         (a)“Athletic program” means an intercollegiate athletic
   22  program at a postsecondary educational institution.
   23         (b)“Intercollegiate athlete” means a student who
   24  participates in an athletic program.
   25         (c)“Postsecondary educational institution” means a state
   26  university, a Florida College System institution, or a private
   27  college or university receiving aid under chapter 1009.
   28         (2) INTERCOLLEGIATE ATHLETES’ COMPENSATION AND RIGHTS AND
   29  POSTSECONDARY EDUCATIONAL INSTITUTIONS RESPONSIBILITIES.—
   30         (a) An intercollegiate athlete at a postsecondary
   31  educational institution may earn compensation for the use of her
   32  or his name, image, or likeness. Such compensation must be
   33  commensurate with the market value the market value of the
   34  authorized use of the athlete’s name, image, or likeness. To
   35  preserve the integrity, quality, character, and amateur nature
   36  of intercollegiate athletics and to maintain a clear separation
   37  between amateur intercollegiate athletics and professional
   38  sports, such compensation may not be provided in exchange for
   39  athletic performance or attendance at a particular institution
   40  and may only be provided by a third party unaffiliated with the
   41  intercollegiate athlete’s postsecondary educational institution.
   42         (b) A postsecondary educational institution may not adopt
   43  or maintain a contract, rule, regulation, standard, or other
   44  requirement that prevents or unduly restricts an intercollegiate
   45  athlete from earning compensation for the use of her or his
   46  name, image, or likeness. Earning such compensation may not
   47  affect the intercollegiate athlete’s grant-in-aid or athletic
   48  eligibility.
   49         (c) A postsecondary educational institution may not
   50  compensate a current or prospective intercollegiate athlete for
   51  the use of her or his name, image, or likeness.
   52         (d) A postsecondary educational institution may not prevent
   53  or unduly restrict an intercollegiate athlete from obtaining
   54  professional representation by an athlete agent or attorney
   55  engaged for the purpose of securing compensation for the use of
   56  her or his name, image, or likeness. Pursuant to s. 468.453(8),
   57  an athlete agent representing an intercollegiate athlete for
   58  purposes of securing compensation for the use of her or his
   59  name, image, or likeness, must be licensed under part IX of
   60  chapter 468. An attorney representing an intercollegiate athlete
   61  for purposes of securing compensation for the use of her or his
   62  name, image, or likeness must be a member in good standing of
   63  The Florida Bar.
   64         (e) A grant-in-aid, including cost of attendance, awarded
   65  to an intercollegiate athlete by a postsecondary educational
   66  institution is not compensation for the purposes of this
   67  subsection, and may not be revoked or reduced as a result of an
   68  intercollegiate athlete earning compensation or obtaining
   69  professional representation under this subsection.
   70         (f) An intercollegiate athlete under 18 years of age must
   71  have any contract for compensation for the use of her or his
   72  name, image, or likeness approved under ss. 743.08 and 743.09.
   73         (g) An intercollegiate athlete’s contract for compensation
   74  for the use of her or his name, image, or likeness may not
   75  violate this subsection.
   76         (h) An intercollegiate athlete may not enter into a
   77  contract for compensation for the use of her or his name, image,
   78  or likeness if a term of the contract conflicts with a term of
   79  the intercollegiate athlete’s team contract. A postsecondary
   80  educational institution asserting a conflict under this
   81  paragraph must disclose each relevant contract term that
   82  conflicts with the team contract to the intercollegiate athlete
   83  or her or his representative.
   84         (i) An intercollegiate athlete who enters into a contract
   85  for compensation for the use of her or his name, image, or
   86  likeness shall disclose the contract to the postsecondary
   87  educational institution at which she or he is enrolled, in a
   88  manner designated by the institution.
   89         (j) The duration of a contract for representation of an
   90  intercollegiate athlete or compensation for the use of an
   91  intercollegiate athlete’s name, image, or likeness may not
   92  extend beyond her or his participation in an athletic program at
   93  a postsecondary educational institution.
   94         (3) REGULATIONS AND RULES.—The Board of Governors and the
   95  State Board of Education shall adopt regulations and rules,
   96  respectively, to implement this section.
   97         Section 2. Subsections (8) and (9) are added to section
   98  468.453, Florida Statutes, to read:
   99         468.453 Licensure required; qualifications; license
  100  nontransferable; service of process; temporary license; license
  101  or application from another state.—
  102         (8) Notwithstanding subsection (3), a person must hold a
  103  valid license as an athlete agent to act as an athlete agent
  104  representing an intercollegiate athlete for purposes of
  105  contracts authorized under s. 1006.74.
  106         (9) Notwithstanding athletic conference or collegiate
  107  athletic association rules, bylaws, regulations, and policies to
  108  the contrary, an athlete agent may represent an intercollegiate
  109  athlete in securing compensation for the use of her or his name,
  110  image, or likeness under s. 1006.74.
  111         Section 3. This act shall take effect July 1, 2020.
  112  
  113  ================= T I T L E  A M E N D M E N T ================
  114  And the title is amended as follows:
  115         Delete everything before the enacting clause
  116  and insert:
  117                        A bill to be entitled                      
  118         An act relating to intercollegiate athlete
  119         compensation and rights; creating s. 1006.74, F.S.;
  120         providing legislative findings; defining terms;
  121         authorizing certain intercollegiate athletes to earn
  122         compensation for the use of their names, images, or
  123         likenesses; providing requirements for such
  124         compensation; prohibiting postsecondary educational
  125         institutions from adopting or maintaining contracts,
  126         rules, regulations, standards, or other requirements
  127         that prevent or unduly restrict intercollegiate
  128         athletes from earning specified compensation;
  129         providing that certain compensation does not affect
  130         certain intercollegiate athlete eligibilities;
  131         prohibiting a postsecondary educational institution
  132         from compensating intercollegiate athletes or
  133         prospective intercollegiate athletes for the use of
  134         their names, images, or likenesses; prohibiting a
  135         postsecondary educational institution from preventing
  136         or unduly restricting intercollegiate athletes from
  137         obtaining specified representation; requiring athlete
  138         agents and attorneys to meet specified requirements;
  139         providing that specified aid for intercollegiate
  140         athletes is not compensation; prohibiting the
  141         revocation or reduction of certain aid as a result of
  142         intercollegiate athletes earning certain compensation
  143         or obtaining specified representation; providing
  144         approval requirements for certain contracts for
  145         compensation for intercollegiate athletes who are
  146         minors; providing contract requirements; prohibiting
  147         intercollegiate athletes from entering into contracts
  148         for specified compensation that conflict with terms of
  149         her or his team contract; providing intercollegiate
  150         athlete contract disclosure requirements; prohibiting
  151         an intercollegiate athlete contract from extending
  152         beyond a specified timeframe; requiring the Board of
  153         Governors and the State Board of Education to adopt
  154         regulations and rules, respectively; amending s.
  155         468.453, F.S.; providing requirements for certain
  156         athlete agents; providing an effective date.