Florida Senate - 2020                              CS for SB 646
       
       
        
       By the Committee on Education; and Senator Mayfield
       
       
       
       
       
       581-03379-20                                           2020646c1
    1                        A bill to be entitled                      
    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         from compensating intercollegiate athletes or
   17         prospective intercollegiate athletes for the use of
   18         their names, images, or likenesses; prohibiting a
   19         postsecondary educational institution from preventing
   20         or unduly restricting intercollegiate athletes from
   21         obtaining specified representation; requiring athlete
   22         agents and attorneys to meet specified requirements;
   23         providing that specified aid for intercollegiate
   24         athletes is not compensation; prohibiting the
   25         revocation or reduction of certain aid as a result of
   26         intercollegiate athletes earning certain compensation
   27         or obtaining specified representation; providing
   28         approval requirements for certain contracts for
   29         compensation for intercollegiate athletes who are
   30         minors; providing contract requirements; prohibiting
   31         intercollegiate athletes from entering into contracts
   32         for specified compensation that conflict with terms of
   33         her or his team contract; providing intercollegiate
   34         athlete contract disclosure requirements; prohibiting
   35         an intercollegiate athlete contract from extending
   36         beyond a specified timeframe; requiring the Board of
   37         Governors and the State Board of Education to adopt
   38         regulations and rules, respectively; amending s.
   39         468.453, F.S.; providing requirements for certain
   40         athlete agents; providing an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Section 1006.74 Florida Statutes, is created to
   45  read:
   46         1006.74Intercollegiate athlete compensation and rights.
   47  The Legislature finds that intercollegiate athletics provide
   48  intercollegiate athletes with significant educational
   49  opportunities. However, participation in intercollegiate
   50  athletics should not infringe upon an intercollegiate athlete’s
   51  ability to earn compensation for her or his name, image, or
   52  likeness. An intercollegiate athlete must have an equal
   53  opportunity to control and profit from the commercial use of her
   54  or his name, image, or likeness, and be protected from
   55  unauthorized appropriation and commercial exploitation of her or
   56  his right to publicity, including her or his name, image, or
   57  likeness.
   58         (1)DEFINITIONS.—As used in this section, the term:
   59         (a)“Athletic program” means an intercollegiate athletic
   60  program at a postsecondary educational institution.
   61         (b)“Intercollegiate athlete” means a student who
   62  participates in an athletic program.
   63         (c)“Postsecondary educational institution” means a state
   64  university, a Florida College System institution, or a private
   65  college or university receiving aid under chapter 1009.
   66         (2) INTERCOLLEGIATE ATHLETES’ COMPENSATION AND RIGHTS AND
   67  POSTSECONDARY EDUCATIONAL INSTITUTIONS RESPONSIBILITIES.—
   68         (a) An intercollegiate athlete at a postsecondary
   69  educational institution may earn compensation for the use of her
   70  or his name, image, or likeness. Such compensation must be
   71  commensurate with the market value of the authorized use of the
   72  athlete’s name, image, or likeness. To preserve the integrity,
   73  quality, character, and amateur nature of intercollegiate
   74  athletics and to maintain a clear separation between amateur
   75  intercollegiate athletics and professional sports, such
   76  compensation may not be provided in exchange for athletic
   77  performance or attendance at a particular institution and may
   78  only be provided by a third party unaffiliated with the
   79  intercollegiate athlete’s postsecondary educational institution.
   80         (b) A postsecondary educational institution may not adopt
   81  or maintain a contract, rule, regulation, standard, or other
   82  requirement that prevents or unduly restricts an intercollegiate
   83  athlete from earning compensation for the use of her or his
   84  name, image, or likeness. Earning such compensation may not
   85  affect the intercollegiate athlete’s grant-in-aid or athletic
   86  eligibility.
   87         (c) A postsecondary educational institution may not
   88  compensate a current or prospective intercollegiate athlete for
   89  the use of her or his name, image, or likeness.
   90         (d) A postsecondary educational institution may not prevent
   91  or unduly restrict an intercollegiate athlete from obtaining
   92  professional representation by an athlete agent or attorney
   93  engaged for the purpose of securing compensation for the use of
   94  her or his name, image, or likeness. Pursuant to s. 468.453(8),
   95  an athlete agent representing an intercollegiate athlete for
   96  purposes of securing compensation for the use of her or his
   97  name, image, or likeness, must be licensed under part IX of
   98  chapter 468. An attorney representing an intercollegiate athlete
   99  for purposes of securing compensation for the use of her or his
  100  name, image, or likeness must be a member in good standing of
  101  The Florida Bar.
  102         (e) A grant-in-aid, including cost of attendance, awarded
  103  to an intercollegiate athlete by a postsecondary educational
  104  institution is not compensation for the purposes of this
  105  subsection, and may not be revoked or reduced as a result of an
  106  intercollegiate athlete earning compensation or obtaining
  107  professional representation under this subsection.
  108         (f) An intercollegiate athlete under 18 years of age must
  109  have any contract for compensation for the use of her or his
  110  name, image, or likeness approved under ss. 743.08 and 743.09.
  111         (g) An intercollegiate athlete’s contract for compensation
  112  for the use of her or his name, image, or likeness may not
  113  violate this subsection.
  114         (h) An intercollegiate athlete may not enter into a
  115  contract for compensation for the use of her or his name, image,
  116  or likeness if a term of the contract conflicts with a term of
  117  the intercollegiate athlete’s team contract. A postsecondary
  118  educational institution asserting a conflict under this
  119  paragraph must disclose each relevant contract term that
  120  conflicts with the team contract to the intercollegiate athlete
  121  or her or his representative.
  122         (i) An intercollegiate athlete who enters into a contract
  123  for compensation for the use of her or his name, image, or
  124  likeness shall disclose the contract to the postsecondary
  125  educational institution at which she or he is enrolled, in a
  126  manner designated by the institution.
  127         (j) The duration of a contract for representation of an
  128  intercollegiate athlete or compensation for the use of an
  129  intercollegiate athlete’s name, image, or likeness may not
  130  extend beyond her or his participation in an athletic program at
  131  a postsecondary educational institution.
  132         (3) REGULATIONS AND RULES.—The Board of Governors and the
  133  State Board of Education shall adopt regulations and rules,
  134  respectively, to implement this section.
  135         Section 2. Subsections (8) and (9) are added to section
  136  468.453, Florida Statutes, to read:
  137         468.453 Licensure required; qualifications; license
  138  nontransferable; service of process; temporary license; license
  139  or application from another state.—
  140         (8) Notwithstanding subsection (3), a person must hold a
  141  valid license as an athlete agent to act as an athlete agent
  142  representing an intercollegiate athlete for purposes of
  143  contracts authorized under s. 1006.74.
  144         (9) Notwithstanding athletic conference or collegiate
  145  athletic association rules, bylaws, regulations, and policies to
  146  the contrary, an athlete agent may represent an intercollegiate
  147  athlete in securing compensation for the use of her or his name,
  148  image, or likeness under s. 1006.74.
  149         Section 3. This act shall take effect July 1, 2020.