Florida Senate - 2023                                     SB 200
       By Senator Hutson
       7-00654-23                                             2023200__
    1                        A bill to be entitled                      
    2         An act relating to intercollegiate athlete
    3         compensation and rights; amending s. 468.453, F.S.;
    4         revising requirements for athlete agents representing
    5         intercollegiate athletes for certain purposes;
    6         conforming provisions to changes made by the act;
    7         amending s. 1006.74, F.S.; revising and deleting
    8         definitions; deleting requirements regarding the
    9         compensation that intercollegiate athletes may
   10         receive; deleting certain requirements for
   11         postsecondary educational institutions whose
   12         intercollegiate athletes seek to earn compensation or
   13         to have professional representation; requiring a
   14         postsecondary educational institution to conduct a
   15         financial literacy and life skills workshop under
   16         certain conditions; making technical changes;
   17         providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsections (8) and (9) of section 468.453,
   22  Florida Statutes, are amended to read:
   23         468.453 Licensure required; qualifications; license
   24  nontransferable; service of process; temporary license; license
   25  or application from another state.—
   26         (8) Notwithstanding subsection (3), a person must hold a
   27  valid license as an athlete agent to act as an athlete agent
   28  representing an intercollegiate athlete for purposes of
   29  contracts that allow an intercollegiate athlete to profit from
   30  the commercial use of her or his name, image, or likeness and to
   31  be protected from unauthorized appropriation and commercial
   32  exploitation of her or his right to publicity, including her or
   33  his name, image, or likeness authorized under s. 1006.74.
   34         (9) Notwithstanding athletic conference or collegiate
   35  athletic association rules, bylaws, regulations, and policies to
   36  the contrary, an athlete agent may represent an intercollegiate
   37  athlete in securing compensation for the use of her or his name,
   38  image, or likeness under s. 1006.74.
   39         Section 2. Section 1006.74, Florida Statutes, is amended to
   40  read:
   41         1006.74 Intercollegiate athlete compensation and rights.
   42  The Legislature finds that intercollegiate athletics provide
   43  intercollegiate athletes with significant educational
   44  opportunities. However, participation in intercollegiate
   45  athletics should not infringe upon an intercollegiate athlete’s
   46  ability to earn compensation for her or his name, image, or
   47  likeness. An intercollegiate athlete must have an equal
   48  opportunity to control and profit from the commercial use of her
   49  or his name, image, or likeness, and be protected from
   50  unauthorized appropriation and commercial exploitation of her or
   51  his right to publicity, including her or his name, image, or
   52  likeness.
   53         (1) For the purpose of DEFINITIONS.—As used in this
   54  section, the term:
   55         (a) “Athletic program” means an intercollegiate athletic
   56  program at a postsecondary educational institution.
   57         (b) “Intercollegiate athlete” means a student who
   58  participates in an athletic program.
   59         (c) “Postsecondary educational institution” means a state
   60  university, a Florida College System institution, or a private
   61  college or university receiving aid under chapter 1009.
   64         (a) An intercollegiate athlete at a postsecondary
   65  educational institution may earn compensation for the use of her
   66  or his name, image, or likeness. Such compensation must be
   67  commensurate with the market value of the authorized use of the
   68  athlete’s name, image, or likeness. To preserve the integrity,
   69  quality, character, and amateur nature of intercollegiate
   70  athletics and to maintain a clear separation between amateur
   71  intercollegiate athletics and professional sports, such
   72  compensation may not be provided in exchange for athletic
   73  performance or attendance at a particular institution and may
   74  only be provided by a third party unaffiliated with the
   75  intercollegiate athlete’s postsecondary educational institution.
   76         (b) A postsecondary educational institution may not adopt
   77  or maintain a contract, rule, regulation, standard, or other
   78  requirement that prevents or unduly restricts an intercollegiate
   79  athlete from earning compensation for the use of her or his
   80  name, image, or likeness. Earning such compensation may not
   81  affect the intercollegiate athlete’s grant-in-aid or athletic
   82  eligibility.
   83         (c) A postsecondary educational institution; an entity
   84  whose purpose includes supporting or benefiting the institution
   85  or its athletic programs; or an officer, director, or employee
   86  of such institution or entity may not compensate or cause
   87  compensation to be directed to a current or prospective
   88  intercollegiate athlete for her or his name, image, or likeness.
   89         (d) A postsecondary educational institution may not prevent
   90  or unduly restrict an intercollegiate athlete from obtaining
   91  professional representation by an athlete agent or attorney
   92  engaged for the purpose of securing compensation for the use of
   93  her or his name, image, or likeness. Pursuant to s. 468.453(8),
   94  an athlete agent representing an intercollegiate athlete for
   95  purposes of securing compensation for the use of her or his
   96  name, image, or likeness must be licensed under part IX of
   97  chapter 468. An attorney representing an intercollegiate athlete
   98  for purposes of securing compensation for the use of her or his
   99  name, image, or likeness must be a member in good standing of
  100  The Florida Bar.
  101         (e) A grant-in-aid, including cost of attendance, awarded
  102  to an intercollegiate athlete by a postsecondary educational
  103  institution is not compensation for the purposes of this
  104  subsection and may not be revoked or reduced as a result of an
  105  intercollegiate athlete earning compensation or obtaining
  106  professional representation under this subsection.
  107         (f) An intercollegiate athlete under 18 years of age must
  108  have any contract for compensation for the use of her or his
  109  name, image, or likeness approved under ss. 743.08 and 743.09.
  110         (g) An intercollegiate athlete’s contract for compensation
  111  for the use of her or his name, image, or likeness may not
  112  violate this subsection.
  113         (h) An intercollegiate athlete may not enter into a
  114  contract for compensation for the use of her or his name, image,
  115  or likeness if a term of the contract conflicts with a term of
  116  the intercollegiate athlete’s team contract. A postsecondary
  117  educational institution asserting a conflict under this
  118  paragraph must disclose each relevant contract term that
  119  conflicts with the team contract to the intercollegiate athlete
  120  or her or his representative.
  121         (i) An intercollegiate athlete who enters into a contract
  122  for compensation for the use of her or his name, image, or
  123  likeness shall disclose the contract to the postsecondary
  124  educational institution at which she or he is enrolled, in a
  125  manner designated by the institution.
  126         (j) The duration of a contract for representation of an
  127  intercollegiate athlete or compensation for the use of an
  128  intercollegiate athlete’s name, image, or likeness may not
  129  extend beyond her or his participation in an athletic program at
  130  a postsecondary educational institution.
  131         (k)If the intercollegiate athletic association of which
  132  the postsecondary educational institution is a member does not
  133  include a requirement that intercollegiate athletes receive
  134  instruction in financial literacy, a postsecondary educational
  135  institution must shall conduct a financial literacy and life
  136  skills workshop for a minimum of 5 hours at the beginning of the
  137  intercollegiate athlete’s first and third academic years. The
  138  workshop must shall, at a minimum, include information
  139  concerning financial aid, debt management, and a recommended
  140  budget for full and partial grant-in-aid intercollegiate
  141  athletes based on the current academic year’s cost of
  142  attendance. The workshop must shall also include information on
  143  time management skills necessary for success as an
  144  intercollegiate athlete and available academic resources. The
  145  workshop may not include any marketing, advertising, referral,
  146  or solicitation by providers of financial products or services.
  147         (3) REGULATIONS AND RULES.—The Board of Governors and the
  148  State Board of Education shall adopt regulations and rules,
  149  respectively, to implement this section.
  150         Section 3. This act shall take effect July 1, 2023.