FL
Florida House Bill H0099

Florida 2023 Regular Session

Florida House Bill H0099 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to intercollegiate athlete 2
1616 compensation and rights; amending s. 1006.74, F.S.; 3
1717 defining the term "mark"; deleting a requirement that 4
1818 compensation to a intercollegiate athlete be provided 5
1919 by certain third parties; authorizing certain entitie s 6
2020 and persons to cause compensation to be directed to a 7
2121 current intercollegiate athlete; prohibiting entities 8
2222 and persons who provide specified services to a 9
2323 postsecondary educational institution from causing 10
2424 compensation to be directed to a current or 11
2525 prospective intercollegiate athlete; prohibiting an 12
2626 intercollegiate athlete from entering into a 13
2727 compensation contract that conflicts with her or his 14
2828 athletic program or postsecondary educational 15
29-institution, rather than team, contract; requiring 16
30-postsecondary educational institutions to conduct a 17
31-specified workshop for intercollegiate athletes each 18
32-academic year; requiring postsecondary educational 19
33-institutions to conduct such workshop within a 20
34-specified time after an intercollegiate athlete 21
35-transfers to such institution; requiring such workshop 22
36-to include specified information; prohibiting certain 23
37-parties from using a postsecondary educational 24
38-institution's mark without written consent of such 25
29+institution, rather than team, contract; prohibiting 16
30+certain parties from using a postsecondary educational 17
31+institution's mark without written consent of such 18
32+institution or its designee; prohibiting 19
33+intercollegiate athletes from being considered 20
34+employees of a postsecondary educational institution 21
35+under certain circumstances; providing that 22
36+postsecondary educational institutions and specified 23
37+individuals are not liable for damages under certain 24
38+circumstances; providing that postsecondary 25
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4747 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
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51-institution or its designee; authorizing postsecondary 26
52-educational institutions to provide specified services 27
53-to intercollegiate athletes; providing requirements 28
54-for professionals providing such services; providing 29
55-an effective date. 30
51+educational institutions and certain entities and 26
52+individuals are not required to take specified 27
53+actions; providing an effective date. 28
54+ 29
55+Be It Enacted by the Legislature of the State of Florida: 30
5656 31
57-Be It Enacted by the Legislature of the State of Florida: 32
58- 33
59- Section 1. Paragraph (c) of subsection (1) of section 34
60-1006.74, Florida Statutes, is redesignated as paragraph (d), 35
61-subsection (3) is renumbered as subsection (4), paragraphs (a), 36
62-(c), (h), and (k) of subsection (2) are amended, a new paragraph 37
63-(c) is added to subsection (1), paragraph (l) is added to 38
64-subsection (2), and a new subsection (3) is added to that 39
65-section, to read: 40
66- 1006.74 Intercollegiate athlete compensation and rights. —41
67-The Legislature finds that intercollegiate athletics provide 42
68-intercollegiate athletes with sign ificant educational 43
69-opportunities. However, participation in intercollegiate 44
70-athletics should not infringe upon an intercollegiate athlete's 45
71-ability to earn compensation for her or his name, image, or 46
72-likeness. An intercollegiate athlete must have an equal 47
73-opportunity to control and profit from the commercial use of her 48
74-or his name, image, or likeness, and be protected from 49
75-unauthorized appropriation and commercial exploitation of her or 50
57+ Section 1. Paragraph (c) of subsection (1) of section 32
58+1006.74, Florida Statutes, is redesignated as paragraph (d), 33
59+subsection (3) is renumbered as subsection (6), paragraphs (a), 34
60+(c), and (h) of subsection (2) are amended, a new paragraph (c) 35
61+is added to subsection (1), paragraph (l) is added to subsection 36
62+(2), and a new subsection (3) and subsections (4) and (5) are 37
63+added to that sectio n, to read: 38
64+ 1006.74 Intercollegiate athlete compensation and rights. —39
65+The Legislature finds that intercollegiate athletics provide 40
66+intercollegiate athletes with significant educational 41
67+opportunities. However, participation in intercollegiate 42
68+athletics should not infringe upon an intercollegiate athlete's 43
69+ability to earn compensation for her or his name, image, or 44
70+likeness. An intercollegiate athlete must have an equal 45
71+opportunity to control and profit from the commercial use of her 46
72+or his name, image, or l ikeness, and be protected from 47
73+unauthorized appropriation and commercial exploitation of her or 48
74+his right to publicity, including her or his name, image, or 49
75+likeness. 50
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8484 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
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88-his right to publicity, including her or his name, image, or 51
89-likeness. 52
90- (1) DEFINITIONS.—As used in this section, the term: 53
91- (c) "Mark" means any trademark, service mark, 54
92-certification mark, or collective mark entitled to registration 55
93-under chapter 495 or the Trademark Act of 1946, as amended, 56
94-regardless of whether it is r egistered, or any other trademark, 57
95-indicia, logo, uniform, or landmark associated with a 58
96-postsecondary educational institution. 59
97- (2) INTERCOLLEGIATE ATHLETE COMPENSATION AND RIGHTS AND 60
98-POSTSECONDARY EDUCATIONAL INSTITUTION RESPONSIBILITIES. — 61
99- (a) An intercollegiate athlete at a postsecondary 62
100-educational institution may earn compensation for the use of her 63
101-or his name, image, or likeness. Such compensation must be 64
102-commensurate with the market value of the authorized use of the 65
103-athlete's name, image, or lik eness. To preserve the integrity, 66
104-quality, character, and amateur nature of intercollegiate 67
105-athletics and to maintain a clear separation between amateur 68
106-intercollegiate athletics and professional sports, such 69
107-compensation may not be provided in exchange fo r athletic 70
108-performance or attendance at a particular institution and may 71
109-only be provided by a third party unaffiliated with the 72
110-intercollegiate athlete's postsecondary educational institution . 73
111- (c) A postsecondary educational institution; an entity 74
112-whose purpose includes supporting or benefiting the institution 75
88+ (1) DEFINITIONS.—As used in this section, the term: 51
89+ (c) "Mark" means any trademark, s ervice mark, 52
90+certification mark, or collective mark entitled to registration 53
91+under chapter 495 or the Trademark Act of 1946, as amended, 54
92+regardless of whether it is registered, or any other trademark, 55
93+indicia, logo, uniform, or landmark associated with a 56
94+postsecondary educational institution. 57
95+ (2) INTERCOLLEGIATE ATHLETE COMPENSATION AND RIGHTS AND 58
96+POSTSECONDARY EDUCATIONAL INSTITUTION RESPONSIBILITIES. — 59
97+ (a) An intercollegiate athlete at a postsecondary 60
98+educational institution may earn compensation for t he use of her 61
99+or his name, image, or likeness. Such compensation must be 62
100+commensurate with the market value of the authorized use of the 63
101+athlete's name, image, or likeness. To preserve the integrity, 64
102+quality, character, and amateur nature of intercollegiat e 65
103+athletics and to maintain a clear separation between amateur 66
104+intercollegiate athletics and professional sports, such 67
105+compensation may not be provided in exchange for athletic 68
106+performance or attendance at a particular institution and may 69
107+only be provided by a third party unaffiliated with the 70
108+intercollegiate athlete's postsecondary educational institution . 71
109+ (c) A postsecondary educational institution; an entity 72
110+whose purpose includes supporting or benefiting the institution 73
111+or its athletic programs; or an officer, director, or employee 74
112+of such institution or entity may not compensate or cause 75
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121121 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
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125-or its athletic programs; or an officer, director, or employee 76
126-of such institution or entity may not compensate or cause 77
127-compensation to be directed to a current or prospective 78
128-intercollegiate athl ete for her or his name, image, or likeness. 79
129-However, such institution, entity, or officer, director, or 80
130-employee of such institution or entity may, through an act that 81
131-does not conflict with any provision of this section, cause 82
132-compensation to be directed to a current intercollegiate athlete 83
133-for her or his name, image, or likeness. An entity that, by 84
134-contract or other agreement with a postsecondary educational 85
135-institution, provides disclosures, compliance, or educational 86
136-services under this section for a p ostsecondary educational 87
137-institution or an officer, director, or employee of such entity 88
138-may not cause compensation to be directed to a current or 89
139-prospective intercollegiate athlete for her or his name, image, 90
140-or likeness. 91
141- (h) An intercollegiate athlete may not enter into a 92
142-contract for compensation for the use of her or his name, image, 93
143-or likeness if a term of the contract conflicts with a term of 94
144-the intercollegiate athlete's athletic program or postsecondary 95
145-educational institution team contract. A postsecondary 96
146-educational institution asserting a conflict under this 97
147-paragraph must disclose each relevant contract term that 98
148-conflicts with the athletic program or postsecondary educational 99
149-institution team contract to the intercollegiate athlete or her 100
125+compensation to be directed to a current or prospective 76
126+intercollegiate athlete for her or his name, image, or likeness. 77
127+However, such institution, entity, or officer , director, or 78
128+employee of such institution or entity may, through an act that 79
129+does not conflict with any provision of this section, cause 80
130+compensation to be directed to a current intercollegiate athlete 81
131+for her or his name, image, or likeness. An entity t hat, by 82
132+contract or other agreement with a postsecondary educational 83
133+institution, provides disclosures, compliance, or educational 84
134+services under this section for a postsecondary educational 85
135+institution or an officer, director, or employee of such entity 86
136+may not cause compensation to be directed to a current or 87
137+prospective intercollegiate athlete for her or his name, image, 88
138+or likeness. 89
139+ (h) An intercollegiate athlete may not enter into a 90
140+contract for compensation for the use of her or his name, image, 91
141+or likeness if a term of the contract conflicts with a term of 92
142+the intercollegiate athlete's athletic program or postsecondary 93
143+educational institution team contract. A postsecondary 94
144+educational institution asserting a conflict under this 95
145+paragraph must disclo se each relevant contract term that 96
146+conflicts with the athletic program or postsecondary educational 97
147+institution team contract to the intercollegiate athlete or her 98
148+or his representative. 99
149+ (l) Any party in an agreement to compensate an 100
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158158 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
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162-or his representative. 101
163- (k) A postsecondary institution shall conduct a financial 102
164-literacy, entrepreneurship, and life skills workshop for a 103
165-minimum of 5 hours during each at the beginning of the 104
166-intercollegiate athlete's first and third academic years. 105
167-Beginning with the 2023 -2024 academic year, a postsecondary 106
168-educational institution shall conduct such financial literacy, 107
169-entrepreneurship, and life skills workshop within 120 days after 108
170-an intercollegiate athlete transfers to the postsecondary 109
171-educational institution. The workshop shall, at a minimum, 110
172-include information concerning entrepreneurship, financial aid, 111
173-debt management, and a recommended budget for full and partial 112
174-grant-in-aid intercollegiate athletes based on the current 113
175-academic year's cost of attendance. The workshop shall also 114
176-include information on time management skills necessary for 115
177-success as an intercollegiate athlete and available academic 116
178-resources. The workshop may not include any marketing, 117
179-advertising, referral, or solicitation by p roviders of financial 118
180-products or services. 119
181- (l) Any party in an agreement to compensate an 120
182-intercollegiate athlete for the use of her or his name, image, 121
183-or likeness may not use a postsecondary educational 122
184-institution's mark without the express written c onsent of such 123
185-postsecondary educational institution or the institution's 124
186-designee. 125
162+intercollegiate athlete for the use of her or his name, image, 101
163+or likeness may not use a postsecondary educational 102
164+institution's mark without the express written consent of such 103
165+postsecondary educational institution or the institution's 104
166+designee. 105
167+ (3) INTERCOLLEGIATE ATHLET E EMPLOYMENT STATUS. —An 106
168+intercollegiate athlete at a postsecondary educational 107
169+institution is not considered an employee of the institution 108
170+based on her or his participation in its athletic programs or 109
171+compensation earned for the use of her or his name, im age, or 110
172+likeness. 111
173+ (4) LIMITATION OF LIABILITY. —A postsecondary educational 112
174+institution or an employee of such institution, including an 113
175+athletic coach, is not liable for any damages to an 114
176+intercollegiate athlete's ability to earn compensation for the 115
177+use of her or his name, image, or likeness resulting from 116
178+decisions and actions routinely taken in the course of 117
179+intercollegiate athletics. 118
180+ (5) OPPORTUNITIES FOR INTERCOLLEGIATE ATHLETES. —119
181+Notwithstanding any other provision of this section, a 120
182+postsecondary educational institution; an entity whose purpose 121
183+includes supporting or benefiting the institution or its 122
184+athletic programs; or an officer, director, or employee of such 123
185+institution or entity is not required to identify, create, 124
186+facilitate, negotiate, or o therwise enable opportunities for an 125
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195195 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
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199- (3) SUPPORT SERVICES FOR INTERCOLLEGIATE ATHLETES. —A 126
200-postsecondary educational institution may provide contract 127
201-review, tax preparation, and financial advisor services fo r all 128
202-intercollegiate athletes. Any professional providing such 129
203-services may not charge an intercollegiate athlete any fees or 130
204-commissions or require any compensation from such athlete. If 131
205-the professional is an employee of the postsecondary educational 132
206-institution, such professional may not be employed by, or have a 133
207-conflicting contractual relationship with, a third party. 134
208- Section 2. This act shall take effect upon becoming a law. 135
199+intercollegiate athlete to earn compensation for the use of her 126
200+or his name, image, or likeness. 127
201+ Section 2. This act shall take effect upon becoming a law. 128