CS/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
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; requiring 16
postsecondary educational institutions to conduct a 17
specified workshop for intercollegiate athletes each 18
academic year; requiring postsecondary educational 19
institutions to conduct such workshop within a 20
specified time after an intercollegiate athlete 21
transfers to such institution; requiring such workshop 22
to include specified information; prohibiting certain 23
parties from using a postsecondary educational 24
institution's mark without written consent of such 25
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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
institution or its designee; authorizing postsecondary 26
educational institutions to provide specified services 27
to intercollegiate athletes; providing requirements 28
for professionals providing such services; providing 29
an effective date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. Paragraph (c) of subsection (1) of section 34
1006.74, Florida Statutes, is redesignated as paragraph (d), 35
subsection (3) is renumbered as subsection (4), paragraphs (a), 36
(c), (h), and (k) of subsection (2) are amended, a new paragraph 37
(c) is added to subsection (1), paragraph (l) is added to 38
subsection (2), and a new subsection (3) is added to that 39
section, to read: 40
1006.74 Intercollegiate athlete compensation and rights. —41
The Legislature finds that intercollegiate athletics provide 42
intercollegiate athletes with sign ificant educational 43
opportunities. However, participation in intercollegiate 44
athletics should not infringe upon an intercollegiate athlete's 45
ability to earn compensation for her or his name, image, or 46
likeness. An intercollegiate athlete must have an equal 47
opportunity to control and profit from the commercial use of her 48
or his name, image, or likeness, and be protected from 49
unauthorized appropriation and commercial exploitation of her or 50
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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
his right to publicity, including her or his name, image, or 51
likeness. 52
(1) DEFINITIONS.—As used in this section, the term: 53
(c) "Mark" means any trademark, service mark, 54
certification mark, or collective mark entitled to registration 55
under chapter 495 or the Trademark Act of 1946, as amended, 56
regardless of whether it is r egistered, or any other trademark, 57
indicia, logo, uniform, or landmark associated with a 58
postsecondary educational institution. 59
(2) INTERCOLLEGIATE ATHLETE COMPENSATION AND RIGHTS AND 60
POSTSECONDARY EDUCATIONAL INSTITUTION RESPONSIBILITIES. — 61
(a) An intercollegiate athlete at a postsecondary 62
educational institution may earn compensation for the use of her 63
or his name, image, or likeness. Such compensation must be 64
commensurate with the market value of the authorized use of the 65
athlete's name, image, or lik eness. To preserve the integrity, 66
quality, character, and amateur nature of intercollegiate 67
athletics and to maintain a clear separation between amateur 68
intercollegiate athletics and professional sports, such 69
compensation may not be provided in exchange fo r athletic 70
performance or attendance at a particular institution and may 71
only be provided by a third party unaffiliated with the 72
intercollegiate athlete's postsecondary educational institution . 73
(c) A postsecondary educational institution; an entity 74
whose purpose includes supporting or benefiting the institution 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
or its athletic programs; or an officer, director, or employee 76
of such institution or entity may not compensate or cause 77
compensation to be directed to a current or prospective 78
intercollegiate athl ete for her or his name, image, or likeness. 79
However, such institution, entity, or officer, director, or 80
employee of such institution or entity may, through an act that 81
does not conflict with any provision of this section, cause 82
compensation to be directed to a current intercollegiate athlete 83
for her or his name, image, or likeness. An entity that, by 84
contract or other agreement with a postsecondary educational 85
institution, provides disclosures, compliance, or educational 86
services under this section for a p ostsecondary educational 87
institution or an officer, director, or employee of such entity 88
may not cause compensation to be directed to a current or 89
prospective intercollegiate athlete for her or his name, image, 90
or likeness. 91
(h) An intercollegiate athlete may not enter into a 92
contract for compensation for the use of her or his name, image, 93
or likeness if a term of the contract conflicts with a term of 94
the intercollegiate athlete's athletic program or postsecondary 95
educational institution team contract. A postsecondary 96
educational institution asserting a conflict under this 97
paragraph must disclose each relevant contract term that 98
conflicts with the athletic program or postsecondary educational 99
institution team contract to the intercollegiate athlete or her 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
or his representative. 101
(k) A postsecondary institution shall conduct a financial 102
literacy, entrepreneurship, and life skills workshop for a 103
minimum of 5 hours during each at the beginning of the 104
intercollegiate athlete's first and third academic years. 105
Beginning with the 2023 -2024 academic year, a postsecondary 106
educational institution shall conduct such financial literacy, 107
entrepreneurship, and life skills workshop within 120 days after 108
an intercollegiate athlete transfers to the postsecondary 109
educational institution. The workshop shall, at a minimum, 110
include information concerning entrepreneurship, financial aid, 111
debt management, and a recommended budget for full and partial 112
grant-in-aid intercollegiate athletes based on the current 113
academic year's cost of attendance. The workshop shall also 114
include information on time management skills necessary for 115
success as an intercollegiate athlete and available academic 116
resources. The workshop may not include any marketing, 117
advertising, referral, or solicitation by p roviders of financial 118
products or services. 119
(l) Any party in an agreement to compensate an 120
intercollegiate athlete for the use of her or his name, image, 121
or likeness may not use a postsecondary educational 122
institution's mark without the express written c onsent of such 123
postsecondary educational institution or the institution's 124
designee. 125
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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
(3) SUPPORT SERVICES FOR INTERCOLLEGIATE ATHLETES. —A 126
postsecondary educational institution may provide contract 127
review, tax preparation, and financial advisor services fo r all 128
intercollegiate athletes. Any professional providing such 129
services may not charge an intercollegiate athlete any fees or 130
commissions or require any compensation from such athlete. If 131
the professional is an employee of the postsecondary educational 132
institution, such professional may not be employed by, or have a 133
conflicting contractual relationship with, a third party. 134
Section 2. This act shall take effect upon becoming a law. 135