Florida Senate - 2023 SB 8-B
By Senator Hutson
7-00004-23B 20238B__
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.; deleting definitions;
8 deleting requirements regarding the compensation that
9 intercollegiate athletes may receive; deleting certain
10 requirements for postsecondary educational
11 institutions whose intercollegiate athletes seek to
12 earn compensation or to have professional
13 representation; requiring a postsecondary educational
14 institution to conduct at least two financial
15 literacy, life skills, and entrepreneurship workshops
16 under certain conditions; making technical changes;
17 providing that postsecondary educational institutions
18 and specified individuals are not liable for damages
19 under certain circumstances; providing an effective
20 date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsections (8) and (9) of section 468.453,
25 Florida Statutes, are amended to read:
26 468.453 Licensure required; qualifications; license
27 nontransferable; service of process; temporary license; license
28 or application from another state.—
29 (8) Notwithstanding subsection (3), a person must hold a
30 valid license as an athlete agent to act as an athlete agent
31 representing an intercollegiate athlete for purposes of
32 contracts that allow an intercollegiate athlete to profit from
33 the commercial use of her or his name, image, or likeness and to
34 be protected from unauthorized appropriation and commercial
35 exploitation of her or his right to publicity, including her or
36 his name, image, or likeness authorized under s. 1006.74.
37 (9) Notwithstanding athletic conference or collegiate
38 athletic association rules, bylaws, regulations, and policies to
39 the contrary, an athlete agent may represent an intercollegiate
40 athlete in securing compensation for the use of her or his name,
41 image, or likeness under s. 1006.74.
42 Section 2. Section 1006.74, Florida Statutes, is amended to
43 read:
44 1006.74 Intercollegiate athlete compensation and rights.
45 The Legislature finds that intercollegiate athletics provide
46 intercollegiate athletes with significant educational
47 opportunities. However, participation in intercollegiate
48 athletics should not infringe upon an intercollegiate athlete’s
49 ability to earn compensation for her or his name, image, or
50 likeness. An intercollegiate athlete must have an equal
51 opportunity to control and profit from the commercial use of her
52 or his name, image, or likeness, and be protected from
53 unauthorized appropriation and commercial exploitation of her or
54 his right to publicity, including her or his name, image, or
55 likeness.
56 (1) For the purpose of DEFINITIONS.—As used in this
57 section, the term:
58 (a) “Athletic program” means an intercollegiate athletic
59 program at a postsecondary educational institution.
60 (b) “Intercollegiate athlete” means a student who
61 participates in an athletic program.
62 (c) “Postsecondary educational institution” means a state
63 university, a Florida College System institution, or a private
64 college or university receiving aid under chapter 1009.
65 (2) INTERCOLLEGIATE ATHLETE COMPENSATION AND RIGHTS AND
66 POSTSECONDARY EDUCATIONAL INSTITUTION RESPONSIBILITIES.—
67 (a) An intercollegiate athlete at a postsecondary
68 educational institution may earn compensation for the use of her
69 or his name, image, or likeness. Such compensation must be
70 commensurate with the market value of the authorized use of the
71 athlete’s name, image, or likeness. To preserve the integrity,
72 quality, character, and amateur nature of intercollegiate
73 athletics and to maintain a clear separation between amateur
74 intercollegiate athletics and professional sports, such
75 compensation may not be provided in exchange for athletic
76 performance or attendance at a particular institution and may
77 only be provided by a third party unaffiliated with the
78 intercollegiate athlete’s postsecondary educational institution.
79 (b) A postsecondary educational institution may not adopt
80 or maintain a contract, rule, regulation, standard, or other
81 requirement that prevents or unduly restricts an intercollegiate
82 athlete from earning compensation for the use of her or his
83 name, image, or likeness. Earning such compensation may not
84 affect the intercollegiate athlete’s grant-in-aid or athletic
85 eligibility.
86 (c) A postsecondary educational institution; an entity
87 whose purpose includes supporting or benefiting the institution
88 or its athletic programs; or an officer, director, or employee
89 of such institution or entity may not compensate or cause
90 compensation to be directed to a current or prospective
91 intercollegiate athlete for her or his name, image, or likeness.
92 (d) A postsecondary educational institution may not prevent
93 or unduly restrict an intercollegiate athlete from obtaining
94 professional representation by an athlete agent or attorney
95 engaged for the purpose of securing compensation for the use of
96 her or his name, image, or likeness. Pursuant to s. 468.453(8),
97 an athlete agent representing an intercollegiate athlete for
98 purposes of securing compensation for the use of her or his
99 name, image, or likeness must be licensed under part IX of
100 chapter 468. An attorney representing an intercollegiate athlete
101 for purposes of securing compensation for the use of her or his
102 name, image, or likeness must be a member in good standing of
103 The Florida Bar.
104 (e) A grant-in-aid, including cost of attendance, awarded
105 to an intercollegiate athlete by a postsecondary educational
106 institution is not compensation for the purposes of this
107 subsection and may not be revoked or reduced as a result of an
108 intercollegiate athlete earning compensation or obtaining
109 professional representation under this subsection.
110 (f) An intercollegiate athlete under 18 years of age must
111 have any contract for compensation for the use of her or his
112 name, image, or likeness approved under ss. 743.08 and 743.09.
113 (g) An intercollegiate athlete’s contract for compensation
114 for the use of her or his name, image, or likeness may not
115 violate this subsection.
116 (h) An intercollegiate athlete may not enter into a
117 contract for compensation for the use of her or his name, image,
118 or likeness if a term of the contract conflicts with a term of
119 the intercollegiate athlete’s team contract. A postsecondary
120 educational institution asserting a conflict under this
121 paragraph must disclose each relevant contract term that
122 conflicts with the team contract to the intercollegiate athlete
123 or her or his representative.
124 (i) An intercollegiate athlete who enters into a contract
125 for compensation for the use of her or his name, image, or
126 likeness shall disclose the contract to the postsecondary
127 educational institution at which she or he is enrolled, in a
128 manner designated by the institution.
129 (j) The duration of a contract for representation of an
130 intercollegiate athlete or compensation for the use of an
131 intercollegiate athlete’s name, image, or likeness may not
132 extend beyond her or his participation in an athletic program at
133 a postsecondary educational institution.
134 (k) A postsecondary educational institution must shall
135 conduct at least two a financial literacy, and life skills, and
136 entrepreneurship workshops, each workshop for a minimum of 5
137 hours, before the graduation of an intercollegiate athlete at
138 the beginning of the intercollegiate athlete’s first and third
139 academic years. The workshops may not be identical, and the
140 second workshop must include more rigorous instruction. The
141 workshops may not be conducted in the same semester. Each The
142 workshop must shall, at a minimum, include information
143 concerning entrepreneurship, financial aid, debt management, and
144 a recommended budget for full and partial grant-in-aid
145 intercollegiate athletes based on the current academic year’s
146 cost of attendance. Each The workshop must shall also include
147 information on time management skills necessary for success as
148 an intercollegiate athlete and available academic resources.
149 Each The workshop may not include any marketing, advertising,
150 referral, or solicitation by providers of financial products or
151 services.
152 (3) A postsecondary educational institution or an employee
153 of such institution, including an athletic coach, is not liable
154 for any damages to an intercollegiate athlete’s ability to earn
155 compensation for the use of her or his name, image, or likeness
156 resulting from decisions and actions routinely taken in the
157 course of intercollegiate athletics.
158 (4) REGULATIONS AND RULES.—The Board of Governors and the
159 State Board of Education shall adopt regulations and rules,
160 respectively, to implement this section.
161 Section 3. This act shall take effect upon becoming a law.