HB 99 2023
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hb0099-00
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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 entitie s 6
and persons to cause compensation to be directed to a 7
current intercollegiate athlete; prohibiting entities 8
and persons who provide specified services 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; prohibiting 19
intercollegiate athletes from being considered 20
employees of a postsecondary educational institution 21
under certain circumstances; providing that 22
postsecondary educational institutions and specified 23
individuals are not liable for damages under certain 24
circumstances; providing that postsecondary 25
HB 99 2023
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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 institutions and certain entities and 26
individuals are not required to take specified 27
actions; providing an effective date. 28
29
Be It Enacted by the Legislature of the State of Florida: 30
31
Section 1. Paragraph (c) of subsection (1) of section 32
1006.74, Florida Statutes, is redesignated as paragraph (d), 33
subsection (3) is renumbered as subsection (6), paragraphs (a), 34
(c), and (h) of subsection (2) are amended, a new paragraph (c) 35
is added to subsection (1), paragraph (l) is added to subsection 36
(2), and a new subsection (3) and subsections (4) and (5) are 37
added to that sectio n, to read: 38
1006.74 Intercollegiate athlete compensation and rights. —39
The Legislature finds that intercollegiate athletics provide 40
intercollegiate athletes with significant educational 41
opportunities. However, participation in intercollegiate 42
athletics should not infringe upon an intercollegiate athlete's 43
ability to earn compensation for her or his name, image, or 44
likeness. An intercollegiate athlete must have an equal 45
opportunity to control and profit from the commercial use of her 46
or his name, image, or l ikeness, and be protected from 47
unauthorized appropriation and commercial exploitation of her or 48
his right to publicity, including her or his name, image, or 49
likeness. 50
HB 99 2023
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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
(1) DEFINITIONS.—As used in this section, the term: 51
(c) "Mark" means any trademark, s ervice mark, 52
certification mark, or collective mark entitled to registration 53
under chapter 495 or the Trademark Act of 1946, as amended, 54
regardless of whether it is registered, or any other trademark, 55
indicia, logo, uniform, or landmark associated with a 56
postsecondary educational institution. 57
(2) INTERCOLLEGIATE ATHLETE COMPENSATION AND RIGHTS AND 58
POSTSECONDARY EDUCATIONAL INSTITUTION RESPONSIBILITIES. — 59
(a) An intercollegiate athlete at a postsecondary 60
educational institution may earn compensation for t he use of her 61
or his name, image, or likeness. Such compensation must be 62
commensurate with the market value of the authorized use of the 63
athlete's name, image, or likeness. To preserve the integrity, 64
quality, character, and amateur nature of intercollegiat e 65
athletics and to maintain a clear separation between amateur 66
intercollegiate athletics and professional sports, such 67
compensation may not be provided in exchange for athletic 68
performance or attendance at a particular institution and may 69
only be provided by a third party unaffiliated with the 70
intercollegiate athlete's postsecondary educational institution . 71
(c) A postsecondary educational institution; an entity 72
whose purpose includes supporting or benefiting the institution 73
or its athletic programs; or an officer, director, or employee 74
of such institution or entity may not compensate or cause 75
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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
compensation to be directed to a current or prospective 76
intercollegiate athlete for her or his name, image, or likeness. 77
However, such institution, entity, or officer , director, or 78
employee of such institution or entity may, through an act that 79
does not conflict with any provision of this section, cause 80
compensation to be directed to a current intercollegiate athlete 81
for her or his name, image, or likeness. An entity t hat, by 82
contract or other agreement with a postsecondary educational 83
institution, provides disclosures, compliance, or educational 84
services under this section for a postsecondary educational 85
institution or an officer, director, or employee of such entity 86
may not cause compensation to be directed to a current or 87
prospective intercollegiate athlete for her or his name, image, 88
or likeness. 89
(h) An intercollegiate athlete may not enter into a 90
contract for compensation for the use of her or his name, image, 91
or likeness if a term of the contract conflicts with a term of 92
the intercollegiate athlete's athletic program or postsecondary 93
educational institution team contract. A postsecondary 94
educational institution asserting a conflict under this 95
paragraph must disclo se each relevant contract term that 96
conflicts with the athletic program or postsecondary educational 97
institution team contract to the intercollegiate athlete or her 98
or his representative. 99
(l) Any party in an agreement to compensate an 100
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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
intercollegiate athlete for the use of her or his name, image, 101
or likeness may not use a postsecondary educational 102
institution's mark without the express written consent of such 103
postsecondary educational institution or the institution's 104
designee. 105
(3) INTERCOLLEGIATE ATHLET E EMPLOYMENT STATUS. —An 106
intercollegiate athlete at a postsecondary educational 107
institution is not considered an employee of the institution 108
based on her or his participation in its athletic programs or 109
compensation earned for the use of her or his name, im age, or 110
likeness. 111
(4) LIMITATION OF LIABILITY. —A postsecondary educational 112
institution or an employee of such institution, including an 113
athletic coach, is not liable for any damages to an 114
intercollegiate athlete's ability to earn compensation for the 115
use of her or his name, image, or likeness resulting from 116
decisions and actions routinely taken in the course of 117
intercollegiate athletics. 118
(5) OPPORTUNITIES FOR INTERCOLLEGIATE ATHLETES. —119
Notwithstanding any other provision of this section, a 120
postsecondary educational institution; an entity whose purpose 121
includes supporting or benefiting the institution or its 122
athletic programs; or an officer, director, or employee of such 123
institution or entity is not required to identify, create, 124
facilitate, negotiate, or o therwise enable opportunities for an 125
HB 99 2023
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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
intercollegiate athlete to earn compensation for the use of her 126
or his name, image, or likeness. 127
Section 2. This act shall take effect upon becoming a law. 128