Bill Text: FL S0646 | 2020 | Regular Session | Enrolled

Bill Title: Intercollegiate Athlete Compensation and Rights

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2020-06-12 - Chapter No. 2020-28 [S0646 Detail]

Download: Florida-2020-S0646-Enrolled.html
       2020 Legislature                            CS for CS for SB 646
    2         An act relating to intercollegiate athlete
    3         compensation and rights; creating s. 1006.74, F.S.;
    4         providing legislative findings; defining terms;
    5         authorizing certain intercollegiate athletes to earn
    6         compensation for the use of their names, images, or
    7         likenesses; providing requirements for such
    8         compensation; prohibiting postsecondary educational
    9         institutions from adopting or maintaining contracts,
   10         rules, regulations, standards, or other requirements
   11         that prevent or unduly restrict intercollegiate
   12         athletes from earning specified compensation;
   13         providing that certain compensation does not affect
   14         certain intercollegiate athlete eligibilities;
   15         prohibiting a postsecondary educational institution
   16         and other entities, institutions, and their employees
   17         from compensating intercollegiate athletes or
   18         prospective intercollegiate athletes for the use of
   19         their names, images, or likenesses; prohibiting a
   20         postsecondary educational institution from preventing
   21         or unduly restricting intercollegiate athletes from
   22         obtaining specified representation; requiring athlete
   23         agents and attorneys to meet specified requirements;
   24         providing that specified aid for intercollegiate
   25         athletes is not compensation; prohibiting the
   26         revocation or reduction of certain aid as a result of
   27         intercollegiate athletes earning certain compensation
   28         or obtaining specified representation; providing
   29         approval requirements for certain contracts for
   30         compensation for intercollegiate athletes who are
   31         minors; providing contract requirements; prohibiting
   32         intercollegiate athletes from entering into contracts
   33         for specified compensation that conflict with terms of
   34         her or his team contract; providing intercollegiate
   35         athlete contract disclosure requirements; prohibiting
   36         an intercollegiate athlete contract from extending
   37         beyond a specified timeframe; requiring each
   38         postsecondary institution to conduct a financial
   39         literacy and life skills workshop for intercollegiate
   40         athletes; requiring the Board of Governors and the
   41         State Board of Education to adopt regulations and
   42         rules, respectively; amending s. 468.453, F.S.;
   43         providing requirements for certain athlete agents;
   44         providing an effective date.
   46  Be It Enacted by the Legislature of the State of Florida:
   48         Section 1. Section 1006.74 Florida Statutes, is created to
   49  read:
   50         1006.74Intercollegiate athlete compensation and rights.
   51  The Legislature finds that intercollegiate athletics provide
   52  intercollegiate athletes with significant educational
   53  opportunities. However, participation in intercollegiate
   54  athletics should not infringe upon an intercollegiate athlete’s
   55  ability to earn compensation for her or his name, image, or
   56  likeness. An intercollegiate athlete must have an equal
   57  opportunity to control and profit from the commercial use of her
   58  or his name, image, or likeness, and be protected from
   59  unauthorized appropriation and commercial exploitation of her or
   60  his right to publicity, including her or his name, image, or
   61  likeness.
   62         (1)DEFINITIONS.—As used in this section, the term:
   63         (a)“Athletic program” means an intercollegiate athletic
   64  program at a postsecondary educational institution.
   65         (b)“Intercollegiate athlete” means a student who
   66  participates in an athletic program.
   67         (c)“Postsecondary educational institution” means a state
   68  university, a Florida College System institution, or a private
   69  college or university receiving aid under chapter 1009.
   72         (a) An intercollegiate athlete at a postsecondary
   73  educational institution may earn compensation for the use of her
   74  or his name, image, or likeness. Such compensation must be
   75  commensurate with the market value of the authorized use of the
   76  athlete’s name, image, or likeness. To preserve the integrity,
   77  quality, character, and amateur nature of intercollegiate
   78  athletics and to maintain a clear separation between amateur
   79  intercollegiate athletics and professional sports, such
   80  compensation may not be provided in exchange for athletic
   81  performance or attendance at a particular institution and may
   82  only be provided by a third party unaffiliated with the
   83  intercollegiate athlete’s postsecondary educational institution.
   84         (b) A postsecondary educational institution may not adopt
   85  or maintain a contract, rule, regulation, standard, or other
   86  requirement that prevents or unduly restricts an intercollegiate
   87  athlete from earning compensation for the use of her or his
   88  name, image, or likeness. Earning such compensation may not
   89  affect the intercollegiate athlete’s grant-in-aid or athletic
   90  eligibility.
   91         (c)A postsecondary educational institution, an entity
   92  whose purpose includes supporting or benefitting the institution
   93  or its athletic programs, or an officer, director, or employee
   94  of such institution or entity may not compensate or cause
   95  compensation to be directed to a current or prospective
   96  intercollegiate athlete for her or his name, image, or likeness.
   97         (d) A postsecondary educational institution may not prevent
   98  or unduly restrict an intercollegiate athlete from obtaining
   99  professional representation by an athlete agent or attorney
  100  engaged for the purpose of securing compensation for the use of
  101  her or his name, image, or likeness. Pursuant to s. 468.453(8),
  102  an athlete agent representing an intercollegiate athlete for
  103  purposes of securing compensation for the use of her or his
  104  name, image, or likeness, must be licensed under part IX of
  105  chapter 468. An attorney representing an intercollegiate athlete
  106  for purposes of securing compensation for the use of her or his
  107  name, image, or likeness must be a member in good standing of
  108  The Florida Bar.
  109         (e) A grant-in-aid, including cost of attendance, awarded
  110  to an intercollegiate athlete by a postsecondary educational
  111  institution is not compensation for the purposes of this
  112  subsection, and may not be revoked or reduced as a result of an
  113  intercollegiate athlete earning compensation or obtaining
  114  professional representation under this subsection.
  115         (f) An intercollegiate athlete under 18 years of age must
  116  have any contract for compensation for the use of her or his
  117  name, image, or likeness approved under ss. 743.08 and 743.09.
  118         (g) An intercollegiate athlete’s contract for compensation
  119  for the use of her or his name, image, or likeness may not
  120  violate this subsection.
  121         (h) An intercollegiate athlete may not enter into a
  122  contract for compensation for the use of her or his name, image,
  123  or likeness if a term of the contract conflicts with a term of
  124  the intercollegiate athlete’s team contract. A postsecondary
  125  educational institution asserting a conflict under this
  126  paragraph must disclose each relevant contract term that
  127  conflicts with the team contract to the intercollegiate athlete
  128  or her or his representative.
  129         (i) An intercollegiate athlete who enters into a contract
  130  for compensation for the use of her or his name, image, or
  131  likeness shall disclose the contract to the postsecondary
  132  educational institution at which she or he is enrolled, in a
  133  manner designated by the institution.
  134         (j) The duration of a contract for representation of an
  135  intercollegiate athlete or compensation for the use of an
  136  intercollegiate athlete’s name, image, or likeness may not
  137  extend beyond her or his participation in an athletic program at
  138  a postsecondary educational institution.
  139         (k)A postsecondary institution shall conduct a financial
  140  literacy and life skills workshop for a minimum of 5 hours at
  141  the beginning of the intercollegiate athlete’s first and third
  142  academic years. The workshop shall, at a minimum, include
  143  information concerning financial aid, debt management, and a
  144  recommended budget for full and partial grant-in-aid
  145  intercollegiate athletes based on the current academic year’s
  146  cost of attendance. The workshop shall also include information
  147  on time management skills necessary for success as an
  148  intercollegiate athlete and available academic resources. The
  149  workshop may not include any marketing, advertising, referral,
  150  or solicitation by providers of financial products or services.
  151         (3) REGULATIONS AND RULES.—The Board of Governors and the
  152  State Board of Education shall adopt regulations and rules,
  153  respectively, to implement this section.
  154         Section 2. Subsections (8) and (9) are added to section
  155  468.453, Florida Statutes, to read:
  156         468.453 Licensure required; qualifications; license
  157  nontransferable; service of process; temporary license; license
  158  or application from another state.—
  159         (8) Notwithstanding subsection (3), a person must hold a
  160  valid license as an athlete agent to act as an athlete agent
  161  representing an intercollegiate athlete for purposes of
  162  contracts authorized under s. 1006.74.
  163         (9) Notwithstanding athletic conference or collegiate
  164  athletic association rules, bylaws, regulations, and policies to
  165  the contrary, an athlete agent may represent an intercollegiate
  166  athlete in securing compensation for the use of her or his name,
  167  image, or likeness under s. 1006.74.
  168         Section 3. This act shall take effect July 1, 2021.