Senate Bill 2468

    Florida Senate - 2000                                  SB 2468

    By Senator King





    8-1573-00

  1                      A bill to be entitled

  2         An act relating to athletic agents; creating s.

  3         468.45615, F.S.; providing a criminal penalty

  4         for providing an illegal inducement to a

  5         student athlete; amending s. 468.4562, F.S.;

  6         providing for a university to receive treble

  7         damages from an agent under certain

  8         circumstances; providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Section 468.45615, Florida Statutes, is

13  created to read:

14         468.45615  Illegal inducements; penalties.--

15         (1)  In addition to any civil or administrative

16  penalties, it is a felony of the second degree, punishable as

17  provided in s. 775.082, s. 775.083, or s. 775.084 for any

18  agent to provide an illegal inducement to a student athlete.

19         (2)  Upon an agent's conviction of a violation of this

20  section, the department shall revoke the agent's license, and

21  such agent may not employ, use, or otherwise collaborate with

22  any other person to recruit clients.

23         Section 2.  Section 468.4562, Florida Statutes, is

24  amended to read:

25         468.4562  Civil action by institution.--

26         (1)  A college or university may sue for damages, as

27  provided by this section, any person who violates this part.

28  A college or university may seek equitable relief to prevent

29  or minimize harm arising from acts or omissions which are or

30  would be a violation of this part.

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 2468
    8-1573-00




  1         (2)  For purposes of this section, a college or

  2  university is damaged if, because of activities of the person,

  3  the college or university is penalized or is disqualified or

  4  suspended from participation in intercollegiate athletics by a

  5  national association for the promotion and regulation of

  6  intercollegiate athletics or by an intercollegiate athletic

  7  conference and, because of that penalty, disqualification, or

  8  suspension, the institution:

  9         (a)  Loses revenue from media coverage of a sports

10  contest;

11         (b)  Loses the right to grant an athletic scholarship;

12         (c)  Loses the right to recruit an athlete;

13         (d)  Is prohibited from participating in postseason

14  athletic competition;

15         (e)  Forfeits an athletic contest; or

16         (f)  Otherwise suffers an adverse financial impact.

17         (3)  An institution that prevails in a suit brought

18  under this section may recover:

19         (a)  Treble Actual damages;

20         (b)  Punitive damages;

21         (c)  Court costs; and

22         (d)  Reasonable attorney's fees.

23         Section 3.  This act shall take effect July 1, 2000.

24

25            *****************************************

26                          SENATE SUMMARY

27    Provides that it is a second-degree felony for an
      athletic agent to provide an illegal inducement to a
28    student athlete. Allows a university to seek treble
      damages from an agent under certain circumstances.
29

30

31

                                  2