The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Education Postsecondary
BILL: SB 200
INTRODUCER: Senator Hutson
SUBJECT: Intercollegiate Athlete Compensation and Rights
DATE: February 7, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Jahnke Bouck HE Pre-meeting
2. RC
I. Summary:
SB 200 modifies provisions relating to intercollegiate athlete compensation and rights in Florida.
Specifically the bill:
Removes requirements regarding compensation that intercollegiate athletes may earn from
the use of their NIL and restrictions on institutional involvement in NIL activities.
Removes requirements and prohibitions for postsecondary educational institutions whose
intercollegiate athletes seek to earn compensation or to have professional representation.
Removes restrictions relating to contracts for the use of an intercollegiate athlete’s NIL.
Requires postsecondary educational institutions to conduct a financial literacy workshop if
the intercollegiate athletic association to which the institution is a member does not require
intercollegiate athletes to receive instruction in financial literacy.
Additionally, the bill removes an unnecessary provision relating to an athlete agent representing
an intercollegiate athlete for NIL purposes. However, the bill maintains in statute the
requirement that an athlete agent must be licensed for the purposes of contracts that allow an
intercollegiate athlete to profit from the commercial use of her or his NIL, and be protected from
unauthorized appropriation and commercial exploitation of her or his right to publicity.
The bill is effective July 1, 2023.
II. Present Situation:
National Collegiate Athletic Association
The National Collegiate Athletic Association (NCAA) is a voluntary, self-governing
organization of four-year colleges, universities, and conferences. The basic purpose of the
NCAA is to support and promote healthy and safe intercollegiate athletics, including national
championships, as an integral part of the education program and the student-athlete as an integral
REVISED: BILL: SB 200 Page 2
part of the student body.
1
The NCAA governance structure consists of legislative bodies made up of volunteers from
member schools. These legislative bodies, as well as a group of committees, govern each
division and set NCAA-wide policies regarding sports rules, championships, and athlete health
and safety. The Board of Governors, the NCAA’s highest governing body, consists primarily of
presidents and chancellors from each division. The board provides strategic planning for the
NCAA as a whole, such as adopting and implementing policies to resolve core issues and other
Association-wide matters.
2
It is the responsibility of each member institution to control its
intercollegiate athletics program in compliance with the rules and regulations of the NCAA.
3
Name, Image, and Likeness
“Name, image, and likeness” (NIL) is synonymous with the established legal doctrine known as
the Right of Publicity. The Right of Publicity concerns itself with the right to control the
commercial use of one’s identity.
4
NIL in college athletics refers to a student athlete’s ability to receive compensation for their NIL
through promotional and marketing activities.
NCAA Interim Rules and Guidelines
For much of its history, the NCAA maintained that student athletes’ participation should be
motivated primarily by education and by the physical, mental, and social benefits. NCAA policy
forbade compensation for student athletes, in order to protect student athletes from exploitation
by professional and commercial enterprises.
5
NCAA bylaws held that a student athlete may lose
eligibility if that athlete received payment in any form resulting from his or her athletic skill, or
entered into an agreement with an agent.
6
However, facing increasing pressure from student athletes, states, Congress, and the courts, in
July 2021, the NCAA adopted an NIL Interim Policy that granted intercollegiate athletes the
opportunity to benefit from their NIL, which applied to Divisions I-III for incoming and current
student athletes.
7
The policy provided that:
Individuals can engage in NIL activities that are consistent with the law of the state where the
school is located.
1
National Collegiate Athletic Association, 2022-2023 NCAA Division I Manual (2022), Preamble, available at
https://web3.ncaa.org/lsdbi/reports/getReport/90008, at 1.
2
National Collegiate Athletic Association, Governance, https://www.ncaa.org/sports/2021/2/9/governance.aspx (last visited
Jan. 30, 2023).
3
National Collegiate Athletic Association, 2022-2023 NCAA Division I Manual (2022), Preamble, available at
https://web3.ncaa.org/lsdbi/reports/getReport/90008, at 12.
4
Right of Publicity, A Concise History of the Right of Publicity, https://rightofpublicity.com/brief-history-of-rop (last visited
Jan. 30, 2023).
5
National Collegiate Athletic Association, 2017-2018 NCAA Division I Manual (2017), Art. 2.9, available at
https://www.ncaapublications.com/productdownloads/D118.pdf.
6
Id. at Bylaw 12.1.2.
7
National Collegiate Athletic Association, Name, Image, and Likeness Interim Policy,
https://www.ncaa.org/sports/2021/2/8/about-taking-action.aspx (last visited Jan. 30, 2023). BILL: SB 200 Page 3
Individuals can use a professional services provider (e.g., athlete agents, attorneys, and
financial advisors) for NIL activities.
College athletes who attend a school in a state without an NIL law can engage in NIL activity
without violating NCAA rules related to NIL.
Under the Interim Policy, however, an NIL agreement may not be guaranteed or promised
contingent upon initial or continued enrollment at a particular institution (recruitment), or may
not be provided as compensation or incentive for athletic performance or membership on a team
(pay-for-play).
8
In May 2022, the NCAA issued additional guidance to clarify issues related to “booster”
involvement. Boosters are individuals or entities who are known (or should have been known) by
a member of the institution’s executive or athletic administration to have participated in
promoting the institution’s intercollegiate program or to have provided benefits to student
athletes or their families.
9
The NCAA precludes such groups from recruiting activities on behalf
of the school and from providing benefits to prospective student athletes (PSAs). The guidance
also prohibited institutional staff members from involvement with the provision of benefits to a
PSA.
10
However, the guidance did not specifically extend this prohibition to institutional
involvement with NIL activities for currently enrolled student athletes.
11
Additional guidance on October 26, 2022, applied NCAA Bylaws and Interim Policy to
institution involvement in current student-athlete NIL activities.
12
For example:
13
Schools may inform student athletes of NIL opportunities and assist in matching students and
opportunities, but may not negotiate on behalf of an NIL entity or student athlete for a
specific NIL opportunity.
Schools may request donors to provide funds to collectives or other NIL entities, but such
requests may not be directed toward a specific sport or athlete.
The NCAA NIL rules do not supersede state laws or college, university, or conference NIL
policies. A college or university in a state that does not have a law in effect must develop its own
policies based on the NCAA guidelines designed to prevent pay-for-play deals and payments that
are used as recruiting inducements.
14
8
National Collegiate Athletic Association, Interim Name, Image and Likeness Policy Guidance Regarding Third Party
Involvement (2022), available at https://ncaaorg.s3.amazonaws.com/ncaa/NIL/May2022NIL_Guidance.pdf.
9
Id.
10
Id.
11
National Collegiate Athletic Association, NCAA Division I Institutional Involvement in a Student-Athlete’s Name, Image
and Likeness Activities (2022), available at
https://ncaaorg.s3.amazonaws.com/ncaa/NIL/D1NIL_InstitutionalInvolvementNILActivities.pdf, at 1.
12
Id.
13
National Collegiate Athletic Association, DI board approves clarifications for interim NIL policy,
https://www.ncaa.org/news/2022/10/26/media-center-di-board-approves-clarifications-for-interim-nil-policy.aspx (last
visited Jan. 30, 2023).
14
National Collegiate Athletic Association, Interim Name, Image and Likeness Policy, Question and Answer (2021),
available at https://ncaaorg.s3.amazonaws.com/ncaa/NIL/NIL_QandA.pdf. BILL: SB 200 Page 4
Other Intercollegiate Athletic Associations
The National Association of Intercollegiate Athletics (NAIA) is a governing body of over 250
small athletics programs,
15
comprised mostly of smaller private institutions that are a four-year
college or university or upper-level, two-year institution that awards a bachelor’s degree, or its
equivalent.
16
There are nine private colleges and universities in Florida that are members of the
NAIA.
17
The NAIA athletic competition is comparable to NCAA Division II and III.
18
The National Christian College Athletic Association (NCCAA) was established in 1968, and
includes 89 member institutions.
19
There are six private colleges and universities in Florida that
are members of the NCCAA.
20
The National Junior College Athletic Association (NJCAA) is a governing body for two-year
collegiate athletics.
21
The NJCAA is the second-largest national intercollegiate athletic
organization in the United States with over 500 member schools in 44 states. The NJCAA is
comprised of Division I, II, II and non-divisional level of competition.
22
Twenty-five of the
Florida College System institutions are members of the NJCAA.
Both the NAIA
23
and NJCAA
24
bylaws permit student athletes to receive compensation for use
of their NIL to promote any commercial product or enterprise, or public or media appearance.
The NAIA also requires the student athlete to notify their institution’s athletics director in
writing of any compensation the student receives from the use of their NIL.
15
National Association of Intercollegiate Athletics, Why NAIA, NAIA Member Schools, https://www.naia.org/why-
naia/member-schools?utm_source=google&utm_medium=cpc&utm_campaign=NAIA22%20Search%20(US)%20-
%20Consideration&utm_term=&gclid=Cj0KCQiA2-2eBhClARIsAGLQ2Rk5CzM-
_ckA6V4FY2AwHch87cV65CufUF4EI3CPlG_pIhneLriC-4IaAnq7EALw_wcB (last visited Feb. 2, 2023).
16
National Association of Intercollegiate Athletics, NAIA Handbook 2022-2023 (2022), available at
https://d2o2figo6ddd0g.cloudfront.net/t/6/9wuekvoa39wlhz/D_NAIA_Official_Handbook_Bylaws_Articles1-10_BW.pdf.
17
The nine private Florida colleges and universities that are NAIA member institutions are Ave Maria University, Florida
College, Florida Memorial University, Florida National University, Keiser University, Southeastern University, St. Thomas
University, Warner University, and Webber International University. National Association of Intercollegiate Athletics, 2022-
23 NAIA Member Institutions (2022), available at https://www.naia.org/schools/files/2022-23_NAIA_Institutions.pdf.
18
U.S. News, Playing a Sport in Each NCAA Division: What to Know, https://www.usnews.com/education/articles/playing-a-
sport-in-each-ncaa-division-what-to-know (last visited Feb. 2, 2023).
19
National Christian College Athletic Association, About Us, available at https://thenccaa.org/tournaments/?id=567.
20
Johnson University Florida, Pensacola Christian College, Trinity Baptist College, Trinity College of Florida, University of
Ft. Lauderdale, Warner University.
21
National Junior College Athletic Association, 2021-22 NJCAA Annual Report (2022), available at
https://d2o2figo6ddd0g.cloudfront.net/h/z/x5oxckgwtzxf4r/2021-22_NJCAA_Annual_Report_09-28-22.pdf.
22
Id.
23
National Association of Intercollegiate Athletics, Why NAIA, NAIA Member Schools, https://www.naia.org/why-
naia/member-schools?utm_source=google&utm_medium=cpc&utm_campaign=NAIA22%20Search%20(US)%20-
%20Consideration&utm_term=&gclid=Cj0KCQiA2-2eBhClARIsAGLQ2Rk5CzM-
_ckA6V4FY2AwHch87cV65CufUF4EI3CPlG_pIhneLriC-4IaAnq7EALw_wcB (last visited Feb. 2, 2023).
24
National Junior College Athletic Association, NJCAA Handbook Bylaws 2022-2023 (2022), available at
https://d2o2figo6ddd0g.cloudfront.net/7/i/y6putkurxwhob3/NJCAA_Handbook_-_Bylaws_12-05-22.pdf. BILL: SB 200 Page 5
Florida Law
Florida was one of the first states to pass an NIL law for its colleges and universities.
25
The law,
effective on July 1, 2021, specified that an intercollegiate athlete must have an equal opportunity
to control and profit from the commercial use of her or his NIL, and be protected from
unauthorized appropriation and commercial exploitation of her or his right to publicity.
26
Florida law specifies that a postsecondary institution may not adopt or maintain a rule or other
requirement that prevents or restricts the ability of an intercollegiate athlete from earning
compensation for the use of her or his NIL. Additionally, earning such compensation may not
affect the intercollegiate athlete’s grant-in-aid
27
or athletic eligibility.
28
Relating to compensation for an athlete’s NIL, Florida law specifies that:
Compensation for an athlete’s NIL may not be provided in exchange for athletic performance
or attendance at a particular institution, which is consistent with NCAA Interim Rules.
29
Compensation may only be provided by a third party unaffiliated with the intercollegiate
athlete’s postsecondary educational institution.
30
A postsecondary institution and an institution or athletic program support organization,
including employees of such institutions or organizations, may not compensate or cause
compensation to be directed to a current or prospective intercollegiate athlete for her or his
NIL.
31
Compensation must be commensurate with the market value of the authorized use of the
athlete’s NIL.
32
Florida law specifies that a postsecondary institution may not prevent or unduly restrict an
intercollegiate athlete from obtaining professional representation by an athlete agent or attorney
for the purpose of securing compensation for the use of her or his NIL. An athlete’s grant-in-aid
may not be revoked or reduced based on such representation.
33
However, an athlete agent
representing an intercollegiate athlete for purposes of securing compensation for the use of her or
his NIL must be licensed, and must be a member in good standing of The Florida Bar.
34
25
Section 1006.74, F.S., created in ch. 2020-28, s. 1, Laws of Fla. Florida has 13 college and university athletic programs in
the NCAA Division I, and 13 in Division II. There are no Florida institution athletic programs in the NCAA Division III.
26
Section 1006.74, F.S.
27
A “grant-in-aid” is financial aid that consists of tuition and fees, room and board, books and other expenses related to
attendance at the institution up to the cost of attendance. National Collegiate Athletic Association, 2022-2023 Division I
Manual (Aug. 1, 2022), available at https://web3.ncaa.org/lsdbi/reports/getReport/90008, at Bylaw 15.02.6.
28
Section 1006.74(2)(b), F.S.
29
Section 1006.74(2)(a), F.S..
30
Id.
31
Section 1006.74(2)(c), F.S.
32
Section 1006.74(2)(a), F.S.
33
Section 1006.7492)(d) and (e), F.S.
34
Section 1006.74(2)(d), F.S. See also s. 468.453(8), F.S. BILL: SB 200 Page 6
Provisions in Florida law relating to contracts for an intercollegiate athlete’s NIL include the
following:
An athlete who enters into a contract for compensation for the use of her or his NIL must
disclose the contract to the postsecondary institution at which she or he is enrolled, in a
manner designated by the institution.
35
An athlete may not enter into a contract for compensation for the use of her or his NIL if a
term of the contract conflicts with a term of the intercollegiate athlete’s team contract.
36
An athlete under 18 years of age must have any contract for compensation for the use of her
or his NIL approved under ss. 743.08 and 743.09, Florida Statutes.
37
The duration of an NIL contract may not extend beyond the athlete’s participation in an
athletic program at a postsecondary institution.
38
Finally, Florida law requires each postsecondary institution to conduct a financial literacy and
life skills workshop for a minimum of 5 hours at the beginning of the intercollegiate athlete’s
first and third academic years. The workshop must include information on financial planning,
time management, and academic resources. The workshop may not include any marketing,
advertising, referral, or solicitation by providers of financial products or services.
39
NIL Legislation in Other States
The majority of states have passed legislation allowing athletes to receive compensation for their
NIL.
40
However, some states are considering modifications or repealing their NIL laws, due to
concerns that existing laws could be more restrictive for athletes than NCAA guidelines.
41
After
the NCAA released its Interim Rules, seven states have amended their NIL laws,
42
generally to
provide more flexibility to institutions in arranging NIL deals for their student athletes or to
address institution trademark issues. Two states, Alabama and South Carolina, have repealed or
suspended their NIL laws.
43
35
Section 1006.74(2)(i), F.S.
36
Section 1006.74(2)(h), F.S.
37
Section 1006.74(2)(f), F.S.
38
Section 1006.74(2)(j), F.S.
39
Section 1006.74(2)(k), F.S.
40
States that have active laws authorizing student athletes to be compensated for their NIL are Arizona, Arkansas, California,
Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Kentucky (Executive Order), Louisiana, Maine, Maryland,
Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio,
Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, and Virginia. Opendorse, NIL Incoming: Comparing State Laws and
Proposed Legislation, https://biz.opendorse.com/blog/comparing-state-nil-laws-proposed-legislation/ (last visited Jan. 30,
2023).
41
National Conference of State Legislatures, Student-Athlete Compensation,
https://www.ncsl.org/research/education/student-athlete-compensation.aspx (last visited Jan. 30, 2023).
42
Connecticut, Illinois, Mississippi, Nebraska, Oregon, Pennsylvania, Tennessee. Opendorse, NIL Incoming: Comparing
State Laws and Proposed Legislation, https://biz.opendorse.com/blog/comparing-state-nil-laws-proposed-legislation/ (last
visited Jan. 30, 2023).
43
Id. BILL: SB 200 Page 7
Student Athlete Development Programs
The NCAA requires each Division I institution to conduct a life skills program on its campus for
intercollegiate athletes.
44
Despite only being required at Division I institutions, many Division II
and III institutions have adopted aspects of a life skills program or have implemented entire
curricula.
45
However, the NCAA does not prescribe the content of each institution’s program. In
2016, the NCAA partnered with the National Association of Academic Advisors for Athletics
(N4A), for daily oversight and operation of programming for student-athletes and life skills
professionals at NCAA member institutions.
46
The NAIA provides a student athlete development program through the Student-Athlete
Wellness Center. The NAIA’s program promotes developing a healthy mental approach to the
experience as a student-athlete, creating a healthy, balanced lifestyle to engage in a high level of
competition, and character and leadership development.
47
The NAIA program does not
specifically require training in financial literacy.
Licensing of Athlete Agents
The licensing and regulation of athlete agents in Florida is administered by the Department of
Business and Professional Regulation (DBPR). An athlete agent is a person who:
48
Recruits or solicits a student athlete to enter into an agent contract,
49
directly or indirectly;
Procures, offers, promises, or attempts to obtain employment or promotional fees or benefits
for a student athlete with a professional sports team or as a professional athlete, for any type
of financial gain; or
Markets or attempts to market the student athlete’s athletic ability or athletic reputation with
any promoter.
In order to be licensed as an athlete agent, an applicant must be at least 18 years of age, be of
good moral character, and submit a completed the application form with fingerprints for a
background check.
50
In the 2020-2021 fiscal year, there were 438 licensed athlete agents in
Florida.
51
44
National Collegiate Athletic Association, 2022-2023 Division I Manual (Aug. 1, 2022), available at
https://web3.ncaa.org/lsdbi/reports/getReport/90008, at Bylaw 16.3.1.2.
45
National Association of Academic & Student-Athlete Development Professionals, N4A 2022 SADV Task Force White
Paper Outline, at page 5 (2022), available at https://s3.us-east-
2.amazonaws.com/sidearm.nextgen.sites/nacda.com/documents/2022/6/14/N4A_2022_SADV_White_Paper.pdf.
46
National Collegiate Athletic Association, Life Skills, https://www.ncaa.org/sports/2014/10/20/life-skills.aspx (last visited
Feb. 2, 2023).
47
National Association of Intercollegiate Athletics, Student-Athlete Wellness Center, https://www.naia.org/student-athlete-
wellness-center/index (last visited Jan. 31, 2023).
48
Section 468.452(2), F.S.
49
An agent contract is the contract or agreement in which a student athlete authorizes an athlete agent to represent the student
in the marketing of the student’s athletic ability or athletic reputation. Section 468.452(1), F.S.
50
Fla. Admin Code R. 61-24.004.
51
Florida Department of Business and Professional Regulation, Fiscal Year 2020-2021 Annual Report (2021), page 20,
available at http://www.myfloridalicense.com/DBPR/os/documents/divisionannualreport_FY2021.pdf. BILL: SB 200 Page 8
An unlicensed person is generally prohibited from acting as an athlete agent.
52
However, an
unlicensed individual may act as an athlete agent if:
53
A student athlete or person acting on the student athlete’s behalf initiates communication
with the individual; and
The individual submits an application for licensure within seven days after an initial act as an
athlete agent.
Contrary to any athletic association rules or policies, an athlete agent may represent an
intercollegiate athlete in securing compensation for the use of her or his NIL.
54
However, a
person must be licensed as an athlete agent to represent an intercollegiate athlete for purposes of
contracts regarding the use of her or his NIL.
55
III. Effect of Proposed Changes:
The bill amends s. 1006.74, F.S., relating to intercollegiate athlete compensation and rights. The
bill retains the Legislative finding that intercollegiate athletes must be able to profit from the
commercial use of their name, image, and likeness (NIL), and be protected from unauthorized
use of and commercial exploitation of his or her NIL. However, the bill:
Removes requirements regarding compensation that intercollegiate athletes may earn from
the use of their NIL and restrictions on institutional involvement in NIL activities.
Removes requirements and prohibitions for postsecondary educational institutions whose
intercollegiate athletes seek to earn compensation or to have professional representation.
Removes restrictions relating to contracts for the use of an intercollegiate athlete’s NIL.
Requires postsecondary educational institutions to conduct a financial literacy workshop if
the intercollegiate athletic association to which the institution is a member does not require
intercollegiate athletes to receive instruction in financial literacy.
Regarding athlete agents, the bill modifies s. 468.453, F.S., to remove the provision relating to an
athlete agent representing an intercollegiate athlete for NIL purposes, which is unnecessary
because of a similar authorization under NCAA Interim Rules. However, the bill maintains the
requirement that an athlete agent must be licensed for the purposes of contracts that allow an
intercollegiate athlete to profit from the commercial use of her or his NIL, and be protected from
unauthorized appropriation and commercial exploitation of her or his right to publicity, including
her or his NIL.
A removal of Florida laws addressing provisions relating to compensation for the use of an
athlete’s NIL would authorize a student to engage in NIL activities, subject to institution rules
and policies, without impact on NCAA eligibility bylaws. However, other NCAA rules including
prohibitions on pay-for-play and improper recruiting inducements would remain in effect.
The bill is effective July 1, 2023.
52
Section 468.4561, F.S.
53
Section 468.453(3), F.S.
54
Section 468.453(9), F.S.
55
Section 468.453(8), F.S. BILL: SB 200 Page 9
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 468.453 and 1006.74 of the Florida Statutes. BILL: SB 200 Page 10
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.