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.
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15 Be It Enacted by the Legislature of the State of Florida:
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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
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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.
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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.
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18 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
19 Senate Bill 2468
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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.
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