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.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
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.
62 (2) INTERCOLLEGIATE ATHLETE COMPENSATION AND RIGHTS AND
63 POSTSECONDARY EDUCATIONAL INSTITUTION RESPONSIBILITIES.—
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.