HB 939 2022
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hb0939-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to intercollegiate athlete 2
compensation and rights; amending s. 1006.74, F.S.; 3
defining the term "mark"; deleting a requirement that 4
compensation to a intercollegiate athlete be provided 5
by certain third parties; authorizing certain entities 6
and persons to cause compensation to be directed to a 7
current intercollegiate athlete; prohibiting entities 8
and persons who provide specified servi ces to a 9
postsecondary educational institution from causing 10
compensation to be directed to a current or 11
prospective intercollegiate athlete; prohibiting an 12
intercollegiate athlete from entering into a 13
compensation contract that conflicts with her or his 14
athletic program or postsecondary educational 15
institution, rather than team, contract; prohibiting 16
certain parties from using a postsecondary educational 17
institution's mark without written consent of such 18
institution or its designee; providing an effective 19
date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
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Section 1. Paragraph (c) of subsection (1) of section 24
1006.74, Florida Statutes, is redesignated as paragraph (d), 25
HB 939 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
paragraphs (a), (c), and (h) of subsection (2) are amended, a 26
new paragraph (c) is added to subsection (1), and paragraph (l) 27
is added to subsection (2) of that section, to read: 28
1006.74 Intercollegiate athlete compensation and rights. —29
The Legislature finds that intercollegiate athletics provide 30
intercollegiate athletes with significant educational 31
opportunities. However, participation in intercollegiate 32
athletics should not infringe upon an intercollegiate athlete's 33
ability to earn compensation for her or his name, image, or 34
likeness. An intercollegiate athlete must have an equal 35
opportunity to control and profit from the commercial use of her 36
or his name, image, or likeness, and be protected from 37
unauthorized appropriation and commercial exploitation of her or 38
his right to publicity, including her or his name, image, or 39
likeness. 40
(1) DEFINITIONS.—As used in this section, the term: 41
(c) "Mark" means any trademark, service mark, 42
certification mark, or collective mark entitled to registration 43
under chapter 495 or the Trademark Act of 1946, as amended, 44
whether or not regis tered, or any other trademark, indicia, 45
logo, uniform, or landmark associated with a postsecondary 46
educational institution. 47
(2) INTERCOLLEGIATE ATHLETE COMPENSATION AND RIGHTS AND 48
POSTSECONDARY EDUCATIONAL INSTITUTION RESPONSIBILITIES. — 49
(a) An intercollegiate athlete at a postsecondary 50
HB 939 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
educational institution may earn compensation for the use of her 51
or his name, image, or likeness. Such compensation must be 52
commensurate with the market value of the authorized use of the 53
athlete's name, image, or likenes s. To preserve the integrity, 54
quality, character, and amateur nature of intercollegiate 55
athletics and to maintain a clear separation between amateur 56
intercollegiate athletics and professional sports, such 57
compensation may not be provided in exchange for at hletic 58
performance or attendance at a particular institution and may 59
only be provided by a third party unaffiliated with the 60
intercollegiate athlete's postsecondary educational institution . 61
(c) A postsecondary educational institution; an entity 62
whose purpose includes supporting or benefiting the institution 63
or its athletic programs; or an officer, director, or employee 64
of such institution or entity may not compensate or cause 65
compensation to be directed to a current or prospective 66
intercollegiate athlete for her or his name, image, or likeness. 67
However, such institution, entity, or officer, director, or 68
employee of such institution or entity may, through an act that 69
does not conflict with any provision of this section, cause 70
compensation to be directed to a current intercollegiate 71
athlete. An entity that, by contract or other agreement with a 72
postsecondary educational institution, provides disclosures, 73
compliance, or educational services under this section for a 74
postsecondary educational institution or an o fficer, director, 75
HB 939 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or employee of such entity may not cause compensation to be 76
directed to a current or prospective intercollegiate athlete for 77
her or his name, image, or likeness. 78
(h) An intercollegiate athlete may not enter into a 79
contract for compensat ion for the use of her or his name, image, 80
or likeness if a term of the contract conflicts with a term of 81
the intercollegiate athlete's athletic program or postsecondary 82
educational institution team contract. A postsecondary 83
educational institution asserti ng a conflict under this 84
paragraph must disclose each relevant contract term that 85
conflicts with the athletic program or postsecondary educational 86
institution team contract to the intercollegiate athlete or her 87
or his representative. 88
(l) Any party in an agreement to compensate an 89
intercollegiate athlete for the use of her or his name, image, 90
or likeness may not use a postsecondary educational 91
institution's mark without the express written consent of such 92
postsecondary educational institution or the instit ution's 93
designee. 94
Section 2. This act shall take effect July 1, 2022. 95