Florida Senate - 2023 CS for SB 200 By the Committee on Education Postsecondary; and Senator Hutson 589-02026-23 2023200c1 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.; deleting definitions; 8 deleting requirements regarding the compensation that 9 intercollegiate athletes may receive; deleting certain 10 requirements for postsecondary educational 11 institutions whose intercollegiate athletes seek to 12 earn compensation or to have professional 13 representation; requiring a postsecondary educational 14 institution to conduct at least two financial 15 literacy, life skills, and entrepreneurship workshops 16 under certain conditions; making technical changes; 17 providing that postsecondary educational institutions 18 and specified individuals are not liable for damages 19 under certain circumstances; providing an effective 20 date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1.Subsections (8) and (9) of section 468.453, 25 Florida Statutes, are amended to read: 26 468.453Licensure required; qualifications; license 27 nontransferable; service of process; temporary license; license 28 or application from another state. 29 (8)Notwithstanding subsection (3), a person must hold a 30 valid license as an athlete agent to act as an athlete agent 31 representing an intercollegiate athlete for purposes of 32 contracts that allow an intercollegiate athlete to profit from 33 the commercial use of her or his name, image, or likeness and to 34 be protected from unauthorized appropriation and commercial 35 exploitation of her or his right to publicity, including her or 36 his name, image, or likeness authorized under s. 1006.74. 37 (9)Notwithstanding athletic conference or collegiate 38 athletic association rules, bylaws, regulations, and policies to 39 the contrary, an athlete agent may represent an intercollegiate 40 athlete in securing compensation for the use of her or his name, 41 image, or likeness under s. 1006.74. 42 Section 2.Section 1006.74, Florida Statutes, is amended to 43 read: 44 1006.74Intercollegiate athlete compensation and rights. 45 The Legislature finds that intercollegiate athletics provide 46 intercollegiate athletes with significant educational 47 opportunities. However, participation in intercollegiate 48 athletics should not infringe upon an intercollegiate athletes 49 ability to earn compensation for her or his name, image, or 50 likeness. An intercollegiate athlete must have an equal 51 opportunity to control and profit from the commercial use of her 52 or his name, image, or likeness, and be protected from 53 unauthorized appropriation and commercial exploitation of her or 54 his right to publicity, including her or his name, image, or 55 likeness. 56 (1)For the purpose of DEFINITIONS.As used in this 57 section, the term: 58 (a)Athletic program means an intercollegiate athletic 59 program at a postsecondary educational institution. 60 (b)Intercollegiate athlete means a student who 61 participates in an athletic program. 62 (c)Postsecondary educational institution means a state 63 university, a Florida College System institution, or a private 64 college or university receiving aid under chapter 1009. 65 (2)INTERCOLLEGIATE ATHLETE COMPENSATION AND RIGHTS AND 66 POSTSECONDARY EDUCATIONAL INSTITUTION RESPONSIBILITIES. 67 (a)An intercollegiate athlete at a postsecondary 68 educational institution may earn compensation for the use of her 69 or his name, image, or likeness. Such compensation must be 70 commensurate with the market value of the authorized use of the 71 athletes name, image, or likeness. To preserve the integrity, 72 quality, character, and amateur nature of intercollegiate 73 athletics and to maintain a clear separation between amateur 74 intercollegiate athletics and professional sports, such 75 compensation may not be provided in exchange for athletic 76 performance or attendance at a particular institution and may 77 only be provided by a third party unaffiliated with the 78 intercollegiate athletes postsecondary educational institution. 79 (b)A postsecondary educational institution may not adopt 80 or maintain a contract, rule, regulation, standard, or other 81 requirement that prevents or unduly restricts an intercollegiate 82 athlete from earning compensation for the use of her or his 83 name, image, or likeness. Earning such compensation may not 84 affect the intercollegiate athletes grant-in-aid or athletic 85 eligibility. 86 (c)A postsecondary educational institution; an entity 87 whose purpose includes supporting or benefiting the institution 88 or its athletic programs; or an officer, director, or employee 89 of such institution or entity may not compensate or cause 90 compensation to be directed to a current or prospective 91 intercollegiate athlete for her or his name, image, or likeness. 92 (d)A postsecondary educational institution may not prevent 93 or unduly restrict an intercollegiate athlete from obtaining 94 professional representation by an athlete agent or attorney 95 engaged for the purpose of securing compensation for the use of 96 her or his name, image, or likeness. Pursuant to s. 468.453(8), 97 an athlete agent representing an intercollegiate athlete for 98 purposes of securing compensation for the use of her or his 99 name, image, or likeness must be licensed under part IX of 100 chapter 468. An attorney representing an intercollegiate athlete 101 for purposes of securing compensation for the use of her or his 102 name, image, or likeness must be a member in good standing of 103 The Florida Bar. 104 (e)A grant-in-aid, including cost of attendance, awarded 105 to an intercollegiate athlete by a postsecondary educational 106 institution is not compensation for the purposes of this 107 subsection and may not be revoked or reduced as a result of an 108 intercollegiate athlete earning compensation or obtaining 109 professional representation under this subsection. 110 (f)An intercollegiate athlete under 18 years of age must 111 have any contract for compensation for the use of her or his 112 name, image, or likeness approved under ss. 743.08 and 743.09. 113 (g)An intercollegiate athletes contract for compensation 114 for the use of her or his name, image, or likeness may not 115 violate this subsection. 116 (h)An intercollegiate athlete may not enter into a 117 contract for compensation for the use of her or his name, image, 118 or likeness if a term of the contract conflicts with a term of 119 the intercollegiate athletes team contract. A postsecondary 120 educational institution asserting a conflict under this 121 paragraph must disclose each relevant contract term that 122 conflicts with the team contract to the intercollegiate athlete 123 or her or his representative. 124 (i)An intercollegiate athlete who enters into a contract 125 for compensation for the use of her or his name, image, or 126 likeness shall disclose the contract to the postsecondary 127 educational institution at which she or he is enrolled, in a 128 manner designated by the institution. 129 (j)The duration of a contract for representation of an 130 intercollegiate athlete or compensation for the use of an 131 intercollegiate athletes name, image, or likeness may not 132 extend beyond her or his participation in an athletic program at 133 a postsecondary educational institution. 134 (k)A postsecondary educational institution must shall 135 conduct at least two a financial literacy, and life skills, and 136 entrepreneurship workshops, each workshop for a minimum of 5 137 hours, before the graduation of an intercollegiate athlete at 138 the beginning of the intercollegiate athletes first and third 139 academic years. The workshops may not be identical, and the 140 second workshop must include more rigorous instruction. The 141 workshops may not be conducted in the same semester. Each The 142 workshop must shall, at a minimum, include information 143 concerning entrepreneurship, financial aid, debt management, and 144 a recommended budget for full and partial grant-in-aid 145 intercollegiate athletes based on the current academic years 146 cost of attendance. Each The workshop must shall also include 147 information on time management skills necessary for success as 148 an intercollegiate athlete and available academic resources. 149 Each The workshop may not include any marketing, advertising, 150 referral, or solicitation by providers of financial products or 151 services. 152 (3)A postsecondary educational institution or an employee 153 of such institution, including an athletic coach, is not liable 154 for any damages to an intercollegiate athletes ability to earn 155 compensation for the use of her or his name, image, or likeness 156 resulting from decisions and actions routinely taken in the 157 course of intercollegiate athletics. 158 (4)REGULATIONS AND RULES.The Board of Governors and the 159 State Board of Education shall adopt regulations and rules, 160 respectively, to implement this section. 161 Section 3.This act shall take effect upon becoming a law.