Senate Bill 2468c2

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



    Florida Senate - 2000                    CS for CS for SB 2468

    By the Committees on Judiciary, Regulated Industries and
    Senator King




    308-2189-00

  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)  Being employed to illegally recruit or solicit

24  student athletes by being utilized by or otherwise

25  collaborating with a person known to have been convicted or

26  found guilty of, or to have entered a plea of nolo contendere

27  to, a violation of s. 468.45615, regardless of adjudication.

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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    Florida Senate - 2000                    CS for CS for SB 2468
    308-2189-00




  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)  Regardless of whether adjudication is withheld,

13  any person convicted or found guilty of, or entering a plea of

14  nolo contendere to, the violation described in subsection (1)

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

16  licensed or unlicensed athlete agent in Florida to illegally

17  recruit or solicit student athletes.  Any person who violates

18  the provisions of this subsection is guilty of a felony of the

19  second degree, punishable as provided in s. 775.082, s.

20  775.083, s. 775.084, s. 775.089, or s. 775.091.

21         (b)  Regardless of whether adjudication is withheld,

22  any person who knowingly actively assists in the illegal

23  recruitment or solicitation of student athletes for a person

24  who has been convicted or found guilty of, or entered a plea

25  of nolo contendere to, a violation of this section is guilty

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

27  775.082, s. 775.083, s. 775.084, s. 775.089, or s. 775.091.

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

29  this section, the court may suspend the license of the person

30  pending the outcome of any administrative action against the

31  person by the department.

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






    Florida Senate - 2000                    CS for CS for SB 2468
    308-2189-00




  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                            CS/SB 2468

20

21  Clarifies that a person commits a second degree felony if he
    or she is employed for the purpose of illegally recruiting or
22  soliciting a student athlete through use by or collaboration
    with a person who has been previously convicted or pled nolo
23  contendere to an illegal inducement of a student athlete to
    enter into a contract.
24
    Clarifies that a person who has been previously convicted or
25  pled nolo contendere to illegal inducement of a student
    athlete to enter into a contract commits a second degree
26  felony if he or she employs, uses or collaborates with a
    licensed or unlicensed athlete agent in order to illegally
27  recruit or solicit a student athlete.

28  Clarifies that a person commits a second degree felony if he
    or she knowingly assists a person to illegally recruit or
29  solicit student athletes if such person has been previously
    convicted or has pled nolo contendere to illegal inducement of
30  a student athlete, or to illegally recruit a student athlete.

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