Bill Text: FL S1428 | 2022 | Regular Session | Introduced

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Bill Title: Intercollegiate Athlete Compensation and Rights

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-03-14 - Died in Education [S1428 Detail]

Download: Florida-2022-S1428-Introduced.html

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       Florida Senate - 2022                                    SB 1428
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-01553-22                                            20221428__
    1                        A bill to be entitled                      
    2         An act relating to intercollegiate athlete
    3         compensation and rights; amending s. 1006.74, F.S.;
    4         defining the term “mark”; deleting a requirement that
    5         compensation to an intercollegiate athlete be provided
    6         by certain third parties; authorizing certain entities
    7         and persons to cause compensation to be directed to a
    8         current intercollegiate athlete; prohibiting entities
    9         and persons who provide specified services to a
   10         postsecondary educational institution from causing
   11         compensation to be directed to a current or
   12         prospective intercollegiate athlete; prohibiting an
   13         intercollegiate athlete from entering into a
   14         compensation contract that conflicts with her or his
   15         athletic program or postsecondary educational
   16         institution, rather than team, contract; prohibiting
   17         certain parties from using a postsecondary educational
   18         institution’s mark without written consent of the
   19         institution or its designee; providing an effective
   20         date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Present paragraph (c) of subsection (1) of
   25  section 1006.74, Florida Statutes, is redesignated as paragraph
   26  (d), a new paragraph (c) is added to that subsection and
   27  paragraph (l) is added to subsection (2) of that section, and
   28  paragraphs (a), (c), and (h) of subsection (2) of that section
   29  are amended, to read:
   30         1006.74 Intercollegiate athlete compensation and rights.
   31  The Legislature finds that intercollegiate athletics provide
   32  intercollegiate athletes with significant educational
   33  opportunities. However, participation in intercollegiate
   34  athletics should not infringe upon an intercollegiate athlete’s
   35  ability to earn compensation for her or his name, image, or
   36  likeness. An intercollegiate athlete must have an equal
   37  opportunity to control and profit from the commercial use of her
   38  or his name, image, or likeness, and be protected from
   39  unauthorized appropriation and commercial exploitation of her or
   40  his right to publicity, including her or his name, image, or
   41  likeness.
   42         (1) DEFINITIONS.—As used in this section, the term:
   43         (c) “Mark” means any trademark, service mark, certification
   44  mark, or collective mark entitled to registration under chapter
   45  495 or the Trademark Act of 1946, as amended, whether or not
   46  registered, or any other trademark, indicia, logo, uniform, or
   47  landmark associated with a postsecondary educational
   48  institution.
   49         (2) INTERCOLLEGIATE ATHLETE COMPENSATION AND RIGHTS AND
   50  POSTSECONDARY EDUCATIONAL INSTITUTION RESPONSIBILITIES.—
   51         (a) An intercollegiate athlete at a postsecondary
   52  educational institution may earn compensation for the use of her
   53  or his name, image, or likeness. Such compensation must be
   54  commensurate with the market value of the authorized use of the
   55  athlete’s name, image, or likeness. To preserve the integrity,
   56  quality, character, and amateur nature of intercollegiate
   57  athletics and to maintain a clear separation between amateur
   58  intercollegiate athletics and professional sports, such
   59  compensation may not be provided in exchange for athletic
   60  performance or attendance at a particular institution and may
   61  only be provided by a third party unaffiliated with the
   62  intercollegiate athlete’s postsecondary educational institution.
   63         (c) A postsecondary educational institution; an entity
   64  whose purpose includes supporting or benefiting the institution
   65  or its athletic programs; or an officer, director, or employee
   66  of such institution or entity may not compensate or cause
   67  compensation to be directed to a current or prospective
   68  intercollegiate athlete for her or his name, image, or likeness.
   69  However, such institution, entity, or officer, director, or
   70  employee of such institution or entity may, through an act that
   71  does not conflict with this section, cause compensation to be
   72  directed to a current intercollegiate athlete. An entity that,
   73  by contract or other agreement with a postsecondary educational
   74  institution, provides disclosures, compliance, or educational
   75  services under this section for a postsecondary educational
   76  institution or an officer, director, or employee of such entity
   77  may not cause compensation to be directed to a current or
   78  prospective intercollegiate athlete for her or his name, image,
   79  or likeness.
   80         (h) An intercollegiate athlete may not enter into a
   81  contract for compensation for the use of her or his name, image,
   82  or likeness if a term of the contract conflicts with a term of
   83  the intercollegiate athlete’s athletic program or postsecondary
   84  educational institution team contract. A postsecondary
   85  educational institution asserting a conflict under this
   86  paragraph must disclose each relevant contract term that
   87  conflicts with the athletic program or postsecondary educational
   88  institution team contract to the intercollegiate athlete or her
   89  or his representative.
   90         (l) Any party in an agreement to compensate an
   91  intercollegiate athlete for the use of her or his name, image,
   92  or likeness may not use a postsecondary educational
   93  institution’s mark without the express written consent of the
   94  institution or its designee.
   95         Section 2. This act shall take effect July 1, 2022.