Florida Senate - 2023 SB 200 By Senator Hutson 7-00654-23 2023200__ 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.; revising and deleting 8 definitions; deleting requirements regarding the 9 compensation that intercollegiate athletes may 10 receive; deleting certain requirements for 11 postsecondary educational institutions whose 12 intercollegiate athletes seek to earn compensation or 13 to have professional representation; requiring a 14 postsecondary educational institution to conduct a 15 financial literacy and life skills workshop under 16 certain conditions; making technical changes; 17 providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1.Subsections (8) and (9) of section 468.453, 22 Florida Statutes, are amended to read: 23 468.453Licensure required; qualifications; license 24 nontransferable; service of process; temporary license; license 25 or application from another state. 26 (8)Notwithstanding subsection (3), a person must hold a 27 valid license as an athlete agent to act as an athlete agent 28 representing an intercollegiate athlete for purposes of 29 contracts that allow an intercollegiate athlete to profit from 30 the commercial use of her or his name, image, or likeness and to 31 be protected from unauthorized appropriation and commercial 32 exploitation of her or his right to publicity, including her or 33 his name, image, or likeness authorized under s. 1006.74. 34 (9)Notwithstanding athletic conference or collegiate 35 athletic association rules, bylaws, regulations, and policies to 36 the contrary, an athlete agent may represent an intercollegiate 37 athlete in securing compensation for the use of her or his name, 38 image, or likeness under s. 1006.74. 39 Section 2.Section 1006.74, Florida Statutes, is amended to 40 read: 41 1006.74Intercollegiate athlete compensation and rights. 42 The Legislature finds that intercollegiate athletics provide 43 intercollegiate athletes with significant educational 44 opportunities. However, participation in intercollegiate 45 athletics should not infringe upon an intercollegiate athletes 46 ability to earn compensation for her or his name, image, or 47 likeness. An intercollegiate athlete must have an equal 48 opportunity to control and profit from the commercial use of her 49 or his name, image, or likeness, and be protected from 50 unauthorized appropriation and commercial exploitation of her or 51 his right to publicity, including her or his name, image, or 52 likeness. 53 (1)For the purpose of DEFINITIONS.As used in this 54 section, the term: 55 (a)Athletic program means an intercollegiate athletic 56 program at a postsecondary educational institution. 57 (b)Intercollegiate athlete means a student who 58 participates in an athletic program. 59 (c)Postsecondary educational institution means a state 60 university, a Florida College System institution, or a private 61 college or university receiving aid under chapter 1009. 62 (2)INTERCOLLEGIATE ATHLETE COMPENSATION AND RIGHTS AND 63 POSTSECONDARY EDUCATIONAL INSTITUTION RESPONSIBILITIES. 64 (a)An intercollegiate athlete at a postsecondary 65 educational institution may earn compensation for the use of her 66 or his name, image, or likeness. Such compensation must be 67 commensurate with the market value of the authorized use of the 68 athletes name, image, or likeness. To preserve the integrity, 69 quality, character, and amateur nature of intercollegiate 70 athletics and to maintain a clear separation between amateur 71 intercollegiate athletics and professional sports, such 72 compensation may not be provided in exchange for athletic 73 performance or attendance at a particular institution and may 74 only be provided by a third party unaffiliated with the 75 intercollegiate athletes postsecondary educational institution. 76 (b)A postsecondary educational institution may not adopt 77 or maintain a contract, rule, regulation, standard, or other 78 requirement that prevents or unduly restricts an intercollegiate 79 athlete from earning compensation for the use of her or his 80 name, image, or likeness. Earning such compensation may not 81 affect the intercollegiate athletes grant-in-aid or athletic 82 eligibility. 83 (c)A postsecondary educational institution; an entity 84 whose purpose includes supporting or benefiting the institution 85 or its athletic programs; or an officer, director, or employee 86 of such institution or entity may not compensate or cause 87 compensation to be directed to a current or prospective 88 intercollegiate athlete for her or his name, image, or likeness. 89 (d)A postsecondary educational institution may not prevent 90 or unduly restrict an intercollegiate athlete from obtaining 91 professional representation by an athlete agent or attorney 92 engaged for the purpose of securing compensation for the use of 93 her or his name, image, or likeness. Pursuant to s. 468.453(8), 94 an athlete agent representing an intercollegiate athlete for 95 purposes of securing compensation for the use of her or his 96 name, image, or likeness must be licensed under part IX of 97 chapter 468. An attorney representing an intercollegiate athlete 98 for purposes of securing compensation for the use of her or his 99 name, image, or likeness must be a member in good standing of 100 The Florida Bar. 101 (e)A grant-in-aid, including cost of attendance, awarded 102 to an intercollegiate athlete by a postsecondary educational 103 institution is not compensation for the purposes of this 104 subsection and may not be revoked or reduced as a result of an 105 intercollegiate athlete earning compensation or obtaining 106 professional representation under this subsection. 107 (f)An intercollegiate athlete under 18 years of age must 108 have any contract for compensation for the use of her or his 109 name, image, or likeness approved under ss. 743.08 and 743.09. 110 (g)An intercollegiate athletes contract for compensation 111 for the use of her or his name, image, or likeness may not 112 violate this subsection. 113 (h)An intercollegiate athlete may not enter into a 114 contract for compensation for the use of her or his name, image, 115 or likeness if a term of the contract conflicts with a term of 116 the intercollegiate athletes team contract. A postsecondary 117 educational institution asserting a conflict under this 118 paragraph must disclose each relevant contract term that 119 conflicts with the team contract to the intercollegiate athlete 120 or her or his representative. 121 (i)An intercollegiate athlete who enters into a contract 122 for compensation for the use of her or his name, image, or 123 likeness shall disclose the contract to the postsecondary 124 educational institution at which she or he is enrolled, in a 125 manner designated by the institution. 126 (j)The duration of a contract for representation of an 127 intercollegiate athlete or compensation for the use of an 128 intercollegiate athletes name, image, or likeness may not 129 extend beyond her or his participation in an athletic program at 130 a postsecondary educational institution. 131 (k)If the intercollegiate athletic association of which 132 the postsecondary educational institution is a member does not 133 include a requirement that intercollegiate athletes receive 134 instruction in financial literacy, a postsecondary educational 135 institution must shall conduct a financial literacy and life 136 skills workshop for a minimum of 5 hours at the beginning of the 137 intercollegiate athletes first and third academic years. The 138 workshop must shall, at a minimum, include information 139 concerning financial aid, debt management, and a recommended 140 budget for full and partial grant-in-aid intercollegiate 141 athletes based on the current academic years cost of 142 attendance. The workshop must shall also include information on 143 time management skills necessary for success as an 144 intercollegiate athlete and available academic resources. The 145 workshop may not include any marketing, advertising, referral, 146 or solicitation by providers of financial products or services. 147 (3)REGULATIONS AND RULES.The Board of Governors and the 148 State Board of Education shall adopt regulations and rules, 149 respectively, to implement this section. 150 Section 3.This act shall take effect July 1, 2023.