STORAGE NAME: h0981a.EEC
DATE: 3/31/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 981
TITLE: Athlete Representation and Compensation
SPONSOR(S): Benarroch
COMPANION BILL: SB 1584 (Simon)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Industries & Professional
Activities
15 Y, 1 N, As CS
Education & Employment
Commerce
SUMMARY
Effect of the Bill:
The bill protects student athletes from excessive athlete agent fees in name, image, and likeness (NIL) contracts
with NIL collectives, prohibits registration of high school NIL compensation, and allows high school student
athletes to seek advice regarding NIL compensation from registered advisors, such as their high school athletic
coach.
Fiscal or Economic Impact:
The bill will likely have a positive fiscal impact on student athletes due to the cap on agent fees and a negative fiscal
impact on athlete agents.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill protects collegiate student athletes and high school student athletes who are preparing to enter into
collegiate sports from excessive agent fees. Specifically, beginning on July 1, 2025, the bill limits athlete agent fees
to no more than 5 percent in deals with NIL collectives. The bill also requires the Department of Business and
Professional Regulation (DBPR) to maintain a database of licensed athlete agents that is accessible to the public via
the Internet. (Sections 1 and 2).
The bill prohibits Florida High School Athletic Association (FHSAA) Bylaws from requiring a high school student
athlete to register compensation with the FHSAA, an FHSAA member school, or any other entity. (Section 4).
The bill authorizes a high school student athlete who is preparing to enter into collegiate sports to earn NIL
compensation. If such student athlete is under the age of 18, he or she must obtain written permission from his or
her parent.
1 The bill prohibits such athletes from entering into NIL contracts involving the following: adult
entertainment products and services; alcohol, tobacco, vaping, and nicotine products; controlled substances;
prescription pharmaceuticals; gambling, including sports betting, the lottery, and betting in connection with video
games, online games, and mobile devices; weapons, firearms, and ammunition; and NIL Collectives. (Section 5).
The bill also permits high school student athletes to consult with registered advisors, such as the student athlete’s
coach, academic advisor, or other designated school employee. A student athlete under the age of 18 must obtain
written permission from a parent to consult with an advisor. The bill requires all persons advising student athletes
to notify the school principal or designated school administrator of their role in advising the student athlete. Each
public high school with a student athlete pursuing NIL compensation must maintain a list of all registered advisors.
1
The Florida Early Learning-20 Education Code defines the term, ‘parent’ to include, “either or both parents of a student, any
guardian of a student, any person in a parental relationship to a student, or any person exercising supervisory authority over a
student in place of the parent.” Section 1000.21(6), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill also encourages such schools to provide educational resources to assist student athletes in understanding
NIL opportunities, financial literacy, and contractual obligations as they transition to college. (Section 5).
The bill’s sections relating high school NIL are cited as “The Florida High School Name, Image, and Likeness Act.”
(Sections 3 through 5).
The effective date of the bill is July 1, 2025. (Section 6).
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Indeterminate. The bill will likely have a positive fiscal impact on student athletes due to the cap on agent fees and
a negative fiscal impact on athlete agents. The extent to which student athletes and agents will be impacted is
unknown.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Athlete Agents
Florida law defines an athlete agent as a person who, directly or indirectly, recruits or solicits a student athlete to
enter into an agent contract, or who, for any type of financial gain, 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, or with any promoter who markets or attempts to market the student athlete’s athletic ability
or athletic reputation.
2 The term includes all employees and other persons acting on behalf of an athlete agent. The
term does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual
acting solely on behalf of a professional sports team or professional sports organization.
Athlete agents representing intercollegiate student athletes for purposes of NIL must be licensed by DBPR.
3 Among
the licensure requirements is that athlete agent be of good moral character and undergo a criminal history records
check. DBPR maintains a publicly searchable list of registered athlete agents on its website.
Athlete Agent Compensation Limits
The National Football League Players Association (NFLPA) regulations limit athlete agent fees for player contracts
to 3 percent, with limited exceptions.
4 Similarly, the National Basketball Association Players Association (NBPA)
regulations limit athlete agent fees for player contracts to 4 percent, with limited exceptions.
5 These limits are
applicable to player contracts; in other words, contracts between the player and the team. Professional athletes
often supplement their income through endorsement deals, and in such cases, agent fees may be higher than the
limits set by the NFLPA and NBPA for player contracts.
Currently, a student athlete’s educational institution or team is prohibited from directly providing NIL
compensation to the student athlete. As such, any NIL compensation a student athlete receives must come from a
third-party NIL deal. Currently, Florida law does not place any limits on athlete agent fees for NIL compensation.
NCAA NIL Bylaws
National Collegiate Athletic Association (NCAA) Bylaws
6 authorize an individual to receive compensation for the
use of his or her NIL, provided such compensation include the following:
Quid pro quo (e.g., compensation for work performed);
2
S. 468.452(2), F.S.
3
S. 468.453, F.S.
4
National Football League Players Association, NFLPA Regulations Governing Contract Advisors, at 12, available at
https://nflpaweb.blob.core.windows.net/website/RegulationsAmendedAugust2016.pdf.
5
National Basketball Association Players Association, NBPA Regulations Governing Player Agents, at 30, available at
https://cosmic-s3.imgix.net/fec8eea0-dbdc-11e9-a097-0b637a5431fa-Agent-Regulations--Final--2019.pdf.
6
NCAA Bylaw 22. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Not be contingent upon initial or continued enrollment at a particular institution (no recruiting
inducement); and
Not be in return for athletics participation or achievement (no ‘pay-for-play’).
Currently, NCAA is not enforcing its Bylaw prohibiting NIL recruiting inducements.
7
Florida High School Athletics Association
The FHSAA is statutorily designated as the governing nonprofit organization for interscholastic athletics for grades
6 through 12 in Florida public schools. Any high school, middle school, or combination school,
8 including charter
schools, virtual schools, private schools, and home education cooperatives,
9 may become a member of the FHSAA.
The FHSAA is prohibited from denying or discouraging interscholastic competition between its member schools
and non-FHSAA member schools in Florida and may not take discriminatory or retributory action against a
member school that engages in interscholastic competition with non-FHSAA member schools.
10
The executive and legislative authority of the FHSAA is vested in its board of directors, which is composed of 13
members, 8 of whom are appointed by the Governor and confirmed by the Senate, 4 of whom are elected from
among FHSAA members and the Commissioner of Education (commissioner).
11 The FHSAA is required to adopt
bylaws regulating, among other topics, student eligibility, recruiting, and member schools’ interscholastic
competition in accordance with applicable law.
12 The commissioner may direct the FHSAA to revise its bylaws at
any time.
13 Bylaws adopted by the FHSAA Board of Directors must be ratified by the State Board of Education and
are not effective until ratified.
14
Florida High School Athletic Association Name, Image, and Likeness Bylaw
In June 2024, the FHSAA amended its bylaws to authorize Florida high school athletes to benefit from NIL
agreements.
15 The bylaw was approved by the State Board of Education in July 2024.
16 The FHSAA NIL bylaws took
effect beginning with the 2024-25 school year.
17
The FHSAA bylaw defines an NIL agreement as a fully executed, written contract that allows for student-athletes to
profit from or be compensated for promoting, partnering, and/or representing product endorsements and other
activities, as permitted by the bylaw, and that is limited to a student-athlete’s high school period of athletic
eligibility and shall not extend beyond a student-athlete’s high school graduation date.
18 Upon entering into an NIL
agreement the student athlete and his or her parent agrees to release their school, its district or governing body,
and FHSAA from any liability related to, or arising from the NIL agreement and to hold harmless their school, its
district or governing body, and FHSAA from any liability related to, or arising from the NIL agreement.
19
7
Dan Murphy, NCAA can’t enforce NIL rules after judge grants injunction, ESPN, (Feb. 23, 2024),
https://www.espn.com/college-sports/story/_/id/39585390/ncaa-enforce-nil-rules-judge-grants-injunction (last visited
March 15, 2025).
8
A “combination school” is any school that provides instruction to students in high school and the middle school grades; elementary,
middle or high school grades combined; or elementary and middle grades combined (e.g. K-12; K-8; 6-12; or 7-12). Bylaw 3.2.2.3,
FHSAA.
9
A “home education cooperative” is a parent-directed group of individual home education students that provides opportunities for
interscholastic athletic competition to those students and may include students in grades 6-12. Bylaw 3.2.2.4, FHSAA.
10
S. 1006.20(1), F.S.
11
S. 1006.20(4)(a), F.S.
12
S. 1006.20(2), F.S.
13
S. 1006.20(2)(a), F.S.
14
S. 1006.20(2)(a)1.-2., F.S.
15
Bylaw 9.9.4, FHSAA. See FHSAA, Amateurism and Name, Image & Likeness (NIL),
https://fhsaa.com/sports/2024/8/12/ABOUT_NILResources.aspx (last visited March 13, 2025)
16
Florida Department of Education, 2024 Archived Meetings July 24, 2024 – Meeting Agenda,
https://www.fldoe.org/policy/state-board-of-edu/meetings/2024/2024-07-24/ (last visited March 13, 2025).
17
See FHSAA, Bylaws of the Florida High School Athletic Association, Inc. 2024-25 Edition, available at
https://s3.amazonaws.com/fhsaa.org/documents/2024/10/2/2425_handbook_update_10124.pdf.
18
Bylaw 9.9.4.1, FHSAA.
19
Bylaw 9.9.4.1.1-2, FHSAA. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Additionally, a student who engages in any NIL activity must sign an "Affidavit of Compliance with the Regulations
on Amateurism and Interscholastic Athletic Eligibility." The affidavit will be accompanied by an explanation of the
FHSAA Bylaw on Amateurism, including the penalties for violating the bylaw, as well as the consequences of
making a false statement on the affidavit. The student/parent must complete, obtain all applicable signatures and
submit this form to the school within 5 business days of signing a NIL agreement.
20
A student athlete is prohibited from making any reference to and will not otherwise use or authorize others to use
the uniforms, logos, mascots, insignia, or identifying marks of a member school, the FHSAA, the National
Federation of State High School Associations (NFHS), and/or any FHSAA, NFHS, or member school event, game, or
championship when engaging in any NIL activity unless they receive prior written consent for such use.
21 Student
athletes are also prohibited from endorsing or promoting any third-party entities, goods, or services during school-
/district-sponsored activities or FHSAA activities and may not reference FHSAA, NFHS, school, or school district
accolades or championships in the student’s NIL activities for which they are compensated.
22
Student athletes are prohibited from entering into NIL Agreements with any of the following categories of products
or services:
23
Adult entertainment products and services;
Alcohol, tobacco, vaping, and nicotine products;
Cannabis products;
Controlled substances;
Prescription pharmaceuticals;
Gambling, including sports betting, the lottery, and betting in connection with video games, online games,
and mobile devices;
Weapons, firearms, and ammunition;
Political or social activism; and
NIL Collectives.
24
No school employee, athletic department staff member, or representative of a school’s athletic interests may form,
direct, offer, provide, or otherwise engage in any activity outlined in the NIL bylaw, including the use of NIL
opportunities to recruit student athletes.
25
A student-athlete who transfers after starting a sport, is prohibited from securing a NIL agreement that season,
unless the student-athlete:
26
continues to compete at their original school, while maintaining eligibility to do so;
is the dependent child of active-duty military personnel whose move resulted from military orders;
relocated due to a foster care placement in a different school zone;
moved due to a court-ordered change in custody due to separation or divorce, or the serious illness or
death of a custodial parent; or
is authorized for good cause in district, private or charter school board policy.
FHSAA member institution and their employees are subject to penalties, in accordance with FHSAA bylaws, for
violations of the NIL bylaw.
27 The eligibility of student-athletes shall be impacted by violations of the NIL bylaw in
the following ways:
28
20
Bylaw 9.9.5, FHSAA.
21
Bylaw 9.9.4.3, FHSAA.
22
Bylaw 9.9.4.3.1-2, FHSAA.
23
Bylaw 9.9.4.4, FHSAA.
24
The bylaw defines a NIL Collective to include groups, organizations, or cooperative enterprises that exist to collect funds
from donors, individuals, or business to: help facilitate NIL deals for student-athletes; facilitate payments to or transfers funds
to student-athletes; create ways for athletes to monetize from their NIL; and/or otherwise promote NIL for schools or student-
athletes. Bylaw 9.9.4.2, FHSAA.
25
Bylaw 9.9.4.5-6, FHSAA.
26
Bylaw 9.9.4.7, FHSAA. See bylaw 9.3.2.2, FHSAA.
27
Bylaw 9.9.6.1-2, FHSAA.
28
Bylaw 9.9.6.3, FHSAA. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
For a first offense, the student-athlete shall receive a formal warning. If applicable, the student shall
immediately terminate/modify the NIL agreement, remove any advertisement, promotional activity, or
endorsement, and return any awards, gifts, or other compensation.
For a second offense, the student-athlete will be ineligible to represent any member school for a period of
one year from the date of discovery.
For a third offense, the student-athlete will be ineligible to compete in any interscholastic athletic contest in
any sport for the duration of the student-athlete’s high school career.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023B HB 7B LaMarca Hutson Effective February 16, 2023
OTHER RESOURCES:
High School NIL: State-by-state regulations for name, image and likeness rights
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Industries & Professional Activities
Subcommittee
15 Y, 1 N, As CS 3/19/2025 Anstead Thompson
THE CHANGES ADOPTED BY THE
COMMITTEE:
Made the cap on athlete agent compensation apply prospectively.
Made the athlete agent cap apply to contracts with NIL collectives.
Allowed any high school student who is being recruited to receive NIL.
Not just seniors.
Lined up the list of prohibited NIL deals with the FHSAA Bylaw, but
does not include political or social activism.
Lined up the definition of “name, image, and likeness collective” to the
FHSAA bylaw.
Allowed a person other than a coach or academic advisor to advise high
school athletes, provided they are registered with school.
Removed the Department of Education auditing requirement.
Education & Employment
Committee
Hassell Kiner
Commerce Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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