Senate Bill 2468c1

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



    Florida Senate - 2000                           CS for SB 2468

    By the Committee on Regulated Industries and Senator King





    315-1971-00

  1                      A bill to be entitled

  2         An act relating to athlete agents; amending s.

  3         468.456, F.S.; providing an additional

  4         prohibited act as grounds for disciplinary

  5         action; requiring suspension or revocation of

  6         license for certain violations; creating s.

  7         468.45615, F.S.; prohibiting the provision of

  8         illegal inducements to athletes; providing

  9         penalties; amending s. 468.4562, F.S.;

10         providing for the award of treble damages to

11         colleges or universities that prevail in civil

12         actions with respect to illegal acts by athlete

13         agents; providing an effective date.

14

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

16

17         Section 1.  Paragraph (o) is added to subsection (1) of

18  section 468.456, Florida Statutes, and subsection (3) of that

19  section is amended to read:

20         468.456  Prohibited acts.--

21         (1)  The following acts shall be grounds for the

22  disciplinary actions provided for in subsection (3):

23         (o)  Knowingly being employed by, being utilized by, or

24  otherwise collaborating with a person to recruit a student

25  athlete who has been convicted or found guilty of, or who has

26  entered a plea of nolo contendere to, regardless of

27  adjudication, a violation of s. 468.45615.

28         (3)  When the department finds any person guilty of any

29  of the prohibited acts set forth in subsection (1), the

30  department may enter an order imposing one or more of the

31  penalties provided for in s. 455.227. In addition to any other

                                  1

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






    Florida Senate - 2000                           CS for SB 2468
    315-1971-00




  1  penalties or disciplinary actions provided for in this part,

  2  the department shall suspend or revoke the license of any

  3  athlete agent licensed under this part who violates paragraph

  4  (f) or paragraph (o) or s. 468.45615.

  5         Section 2.  Section 468.45615, Florida Statutes, is

  6  created to read:

  7         468.45615  Provision of illegal inducements to athletes

  8  prohibited; penalties; license suspension.--

  9         (1)  Any person who violates s. 468.456(1)(f) is guilty

10  of a felony of the second degree, punishable as provided in s.

11  775.082, s. 775.083, s. 775.084, s. 775.089, or s. 775.091.

12         (2)(a)  Any person convicted or found guilty of, or

13  entering a plea of nolo contendere to, regardless of

14  adjudication, the violation described in subsection (1) shall

15  not employ, utilize, or otherwise collaborate with a licensed

16  or unlicensed athlete agent in Florida to recruit student

17  athletes.  Any person who violates the provisions of this

18  subsection is guilty of a felony of the second degree,

19  punishable as provided in s. 775.082, s. 775.083, s. 775.084,

20  s. 775.089, or s. 775.091.

21         (b)  Any person who knowingly actively assists in the

22  recruitment of student athletes for a person who has been

23  convicted or found guilty of, or entered a plea of nolo

24  contendere to, regardless of adjudication, a violation of this

25  section is guilty of a felony of the second degree, punishable

26  as provided in s. 775.082, s. 775.083, s. 775.084, s. 775.089,

27  or s. 775.091.

28         (3)  In addition to any other penalties provided in

29  this section, the court may automatically suspend the license

30  of the person pending the outcome of any administrative action

31  against the person by the department.

                                  2

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






    Florida Senate - 2000                           CS for SB 2468
    315-1971-00




  1         Section 3.  Subsections (1) and (3) of section

  2  468.4562, Florida Statutes, are amended to read:

  3         468.4562  Civil action by institution.--

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

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

  6  A college or university may seek equitable relief to prevent

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

  8  would be a violation of this part.

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

10  under this section may recover:

11         (a)  Actual damages;

12         (b)  Punitive damages;

13         (c)  Treble damages;

14         (d)(c)  Court costs; and

15         (e)(d)  Reasonable attorney's fees.

16         Section 4.  This act shall take effect October 1, 2000.

17

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 2468

20

21  The Committee Substitute for Senate Bill 2468 provides that
    athlete agents, as well as those who collaborate with athlete
22  agents, who provide illegal inducements to student athletes,
    are guilty of a second degree felony. The bill provides new
23  civil and administrative penalties. The bill also allows
    colleges and universities that prevail in civil suits to
24  recover treble damages rather than actual damages.

25

26

27

28

29

30

31

                                  3