Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 200
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Education Postsecondary (Hutson) recommended
       the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (8) and (9) of section 468.453,
    6  Florida Statutes, are amended to read:
    7         468.453 Licensure required; qualifications; license
    8  nontransferable; service of process; temporary license; license
    9  or application from another state.—
   10         (8) Notwithstanding subsection (3), a person must hold a
   11  valid license as an athlete agent to act as an athlete agent
   12  representing an intercollegiate athlete for purposes of
   13  contracts that allow an intercollegiate athlete to profit from
   14  the commercial use of her or his name, image, or likeness and to
   15  be protected from unauthorized appropriation and commercial
   16  exploitation of her or his right to publicity, including her or
   17  his name, image, or likeness authorized under s. 1006.74.
   18         (9) Notwithstanding athletic conference or collegiate
   19  athletic association rules, bylaws, regulations, and policies to
   20  the contrary, an athlete agent may represent an intercollegiate
   21  athlete in securing compensation for the use of her or his name,
   22  image, or likeness under s. 1006.74.
   23         Section 2. Section 1006.74, Florida Statutes, is amended to
   24  read:
   25         1006.74 Intercollegiate athlete compensation and rights.
   26  The Legislature finds that intercollegiate athletics provide
   27  intercollegiate athletes with significant educational
   28  opportunities. However, participation in intercollegiate
   29  athletics should not infringe upon an intercollegiate athlete’s
   30  ability to earn compensation for her or his name, image, or
   31  likeness. An intercollegiate athlete must have an equal
   32  opportunity to control and profit from the commercial use of her
   33  or his name, image, or likeness, and be protected from
   34  unauthorized appropriation and commercial exploitation of her or
   35  his right to publicity, including her or his name, image, or
   36  likeness.
   37         (1) For the purpose of DEFINITIONS.—As used in this
   38  section, the term:
   39         (a) “Athletic program” means an intercollegiate athletic
   40  program at a postsecondary educational institution.
   41         (b) “Intercollegiate athlete” means a student who
   42  participates in an athletic program.
   43         (c) “Postsecondary educational institution” means a state
   44  university, a Florida College System institution, or a private
   45  college or university receiving aid under chapter 1009.
   48         (a) An intercollegiate athlete at a postsecondary
   49  educational institution may earn compensation for the use of her
   50  or his name, image, or likeness. Such compensation must be
   51  commensurate with the market value of the authorized use of the
   52  athlete’s name, image, or likeness. To preserve the integrity,
   53  quality, character, and amateur nature of intercollegiate
   54  athletics and to maintain a clear separation between amateur
   55  intercollegiate athletics and professional sports, such
   56  compensation may not be provided in exchange for athletic
   57  performance or attendance at a particular institution and may
   58  only be provided by a third party unaffiliated with the
   59  intercollegiate athlete’s postsecondary educational institution.
   60         (b) A postsecondary educational institution may not adopt
   61  or maintain a contract, rule, regulation, standard, or other
   62  requirement that prevents or unduly restricts an intercollegiate
   63  athlete from earning compensation for the use of her or his
   64  name, image, or likeness. Earning such compensation may not
   65  affect the intercollegiate athlete’s grant-in-aid or athletic
   66  eligibility.
   67         (c) A postsecondary educational institution; an entity
   68  whose purpose includes supporting or benefiting the institution
   69  or its athletic programs; or an officer, director, or employee
   70  of such institution or entity may not compensate or cause
   71  compensation to be directed to a current or prospective
   72  intercollegiate athlete for her or his name, image, or likeness.
   73         (d) A postsecondary educational institution may not prevent
   74  or unduly restrict an intercollegiate athlete from obtaining
   75  professional representation by an athlete agent or attorney
   76  engaged for the purpose of securing compensation for the use of
   77  her or his name, image, or likeness. Pursuant to s. 468.453(8),
   78  an athlete agent representing an intercollegiate athlete for
   79  purposes of securing compensation for the use of her or his
   80  name, image, or likeness must be licensed under part IX of
   81  chapter 468. An attorney representing an intercollegiate athlete
   82  for purposes of securing compensation for the use of her or his
   83  name, image, or likeness must be a member in good standing of
   84  The Florida Bar.
   85         (e) A grant-in-aid, including cost of attendance, awarded
   86  to an intercollegiate athlete by a postsecondary educational
   87  institution is not compensation for the purposes of this
   88  subsection and may not be revoked or reduced as a result of an
   89  intercollegiate athlete earning compensation or obtaining
   90  professional representation under this subsection.
   91         (f) An intercollegiate athlete under 18 years of age must
   92  have any contract for compensation for the use of her or his
   93  name, image, or likeness approved under ss. 743.08 and 743.09.
   94         (g) An intercollegiate athlete’s contract for compensation
   95  for the use of her or his name, image, or likeness may not
   96  violate this subsection.
   97         (h) An intercollegiate athlete may not enter into a
   98  contract for compensation for the use of her or his name, image,
   99  or likeness if a term of the contract conflicts with a term of
  100  the intercollegiate athlete’s team contract. A postsecondary
  101  educational institution asserting a conflict under this
  102  paragraph must disclose each relevant contract term that
  103  conflicts with the team contract to the intercollegiate athlete
  104  or her or his representative.
  105         (i) An intercollegiate athlete who enters into a contract
  106  for compensation for the use of her or his name, image, or
  107  likeness shall disclose the contract to the postsecondary
  108  educational institution at which she or he is enrolled, in a
  109  manner designated by the institution.
  110         (j) The duration of a contract for representation of an
  111  intercollegiate athlete or compensation for the use of an
  112  intercollegiate athlete’s name, image, or likeness may not
  113  extend beyond her or his participation in an athletic program at
  114  a postsecondary educational institution.
  115         (k) A postsecondary educational institution must shall
  116  conduct at least two a financial literacy, and life skills, and
  117  entrepreneurship workshops, each workshop for a minimum of 5
  118  hours, before the graduation of an intercollegiate athlete at
  119  the beginning of the intercollegiate athlete’s first and third
  120  academic years. The workshops may not be identical, and the
  121  second workshop must include more rigorous instruction. The
  122  workshops may not be conducted in the same semester. Each The
  123  workshop must shall, at a minimum, include information
  124  concerning entrepreneurship, financial aid, debt management, and
  125  a recommended budget for full and partial grant-in-aid
  126  intercollegiate athletes based on the current academic year’s
  127  cost of attendance. Each The workshop must shall also include
  128  information on time management skills necessary for success as
  129  an intercollegiate athlete and available academic resources.
  130  Each The workshop may not include any marketing, advertising,
  131  referral, or solicitation by providers of financial products or
  132  services.
  133         (3) A postsecondary educational institution or an employee
  134  of such institution, including an athletic coach, is not liable
  135  for any damages to an intercollegiate athlete’s ability to earn
  136  compensation for the use of her or his name, image, or likeness
  137  resulting from decisions and actions routinely taken in the
  138  course of intercollegiate athletics.
  139         (4)REGULATIONS AND RULES.—The Board of Governors and the
  140  State Board of Education shall adopt regulations and rules,
  141  respectively, to implement this section.
  142         Section 3. This act shall take effect upon becoming a law.
  143  ================= T I T L E  A M E N D M E N T ================
  144  And the title is amended as follows:
  145         Delete everything before the enacting clause
  146  and insert:
  147                        A bill to be entitled                      
  148         An act relating to intercollegiate athlete
  149         compensation and rights; amending s. 468.453, F.S.;
  150         revising requirements for athlete agents representing
  151         intercollegiate athletes for certain purposes;
  152         conforming provisions to changes made by the act;
  153         amending s. 1006.74, F.S.; deleting definitions;
  154         deleting requirements regarding the compensation that
  155         intercollegiate athletes may receive; deleting certain
  156         requirements for postsecondary educational
  157         institutions whose intercollegiate athletes seek to
  158         earn compensation or to have professional
  159         representation; requiring a postsecondary educational
  160         institution to conduct at least two financial
  161         literacy, life skills, and entrepreneurship workshops
  162         under certain conditions; making technical changes;
  163         providing that postsecondary educational institutions
  164         and specified individuals are not liable for damages
  165         under certain circumstances; providing an effective
  166         date.