Florida Senate - 2023                                     SB 8-B
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00004-23B                                             20238B__
    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         468.453 Licensure 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         1006.74 Intercollegiate 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 athlete’s
   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  athlete’s 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 athlete’s 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 athlete’s 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 athlete’s 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 athlete’s 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 athlete’s 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 athlete’s 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 year’s
  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 athlete’s 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.