SENATE AMENDMENT
Bill No. CS for SB 348
Amendment No. ___ Barcode 571668
CHAMBER ACTION
Senate House
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11 Senator King moved the following amendment to amendment
12 (514528):
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14 Senate Amendment (with title amendment)
15 On page 39, between lines 24 and 25,
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17 insert:
18 Section 22. Subsection (2) of section 468.452, Florida
19 Statutes, is amended to read:
20 468.452 Definitions.--For purposes of this part, the
21 term:
22 (2) "Athlete agent" means a person who, directly or
23 indirectly, recruits or solicits a student athlete to enter
24 into an agent contract, or who, for any type of financial
25 gain, procures, offers, promises, or attempts to obtain
26 employment or promotional fees or benefits for a student
27 athlete with a professional sports team or as a professional
28 athlete, or with any promoter who markets or attempts to
29 market the student athlete's athletic ability or athletic
30 reputation. This term includes all employees and other persons
31 acting on behalf of an athlete agent who participate in the
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1 activities included under this subsection. The term does not
2 include a spouse, parent, sibling, grandparent, or guardian of
3 the student-athlete or an individual acting solely on behalf
4 of a professional sports team or professional sports
5 organization.
6 Section 23. Section 468.453, Florida Statutes, is
7 amended to read:
8 468.453 Licensure required; qualifications;
9 examination; bond; exception; license nontransferable.--
10 (1) Any person who practices as an athlete agent in
11 this state must be licensed pursuant to this part.
12 (2) A person shall be licensed as an athlete agent if
13 the applicant:
14 (a) Is at least 18 years of age.
15 (b) Is of good moral character.
16 (c) Passes an examination provided by the department
17 which tests the applicant's proficiency to practice as an
18 athlete agent, including, but not limited to, knowledge of the
19 laws and rules of this state relating to athlete agents, this
20 part, and chapter 455.
21 (c)(d) Has completed the application form and remitted
22 an application fee not to exceed $500, an examination fee not
23 to exceed the actual cost for the examination plus $500, an
24 active licensure fee not to exceed $2,000, and all other
25 applicable fees provided for in this part or in chapter 455.
26 (d)(e) Has submitted to the department a fingerprint
27 card for a criminal history records check. The fingerprint
28 card shall be forwarded to the Division of Criminal Justice
29 Information Systems within the Department of Law Enforcement
30 for purposes of processing the fingerprint card to determine
31 if the applicant has a criminal history record. The
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SENATE AMENDMENT
Bill No. CS for SB 348
Amendment No. ___ Barcode 571668
1 fingerprint card shall also be forwarded to the Federal Bureau
2 of Investigation for purposes of processing the fingerprint
3 card to determine if the applicant has a criminal history
4 record. The information obtained by the processing of the
5 fingerprint card by the Florida Department of Law Enforcement
6 and the Federal Bureau of Investigation shall be sent to the
7 department for the purpose of determining if the applicant is
8 statutorily qualified for licensure.
9 (e)(f) Has not in any jurisdiction, within the
10 preceding 5 years, been convicted or found guilty of or
11 entered a plea of nolo contendere for, regardless of
12 adjudication, a crime which relates to the applicant's
13 practice or ability to practice as an athlete agent.
14 (g) Has posted with the department a $15,000 surety
15 bond issued by an insurance company authorized to do business
16 in this state. The bond shall be in favor of the State of
17 Florida, Department of Business and Professional Regulation,
18 for the use and benefit of any student athlete or college or
19 university within Florida who or which is injured or damaged,
20 including reasonable costs and attorney's fees, as a result of
21 acts or omissions by the athlete agent pursuant to a license
22 issued under this part. The bond shall be written in the form
23 determined by the department. The bond shall provide that the
24 athlete agent is responsible for the acts or omissions of any
25 representatives acting under the athlete agent's supervision
26 or authority. The bond shall be in effect for and cover all
27 times that the athlete agent has an active license and
28 conducts business pursuant to that license in this or any
29 other state.
30 (3) An unlicensed individual may act as an athlete
31 agent if:
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1 (a) A student-athlete or person acting on the
2 athlete's behalf initiates communication with the individual;
3 and
4 (b) Within 7 days after an initial act as an athlete
5 agent, the individual submits an application for licensure.
6 Members of The Florida Bar are exempt from the state laws and
7 rules component, and the fee for such, of the examination
8 required by this section.
9 (4) A license issued to an athlete agent is not
10 transferable.
11 (5) By acting as an athlete agent in this state, a
12 nonresident individual appoints the department as the
13 individual's agent for service of process in any civil action
14 related to the individual's acting as an athlete agent.
15 (6) The department may issue a temporary license while
16 an application for licensure is pending. If the department
17 issues a notice of intent to deny the license application, the
18 initial temporary license expires and may not be extended
19 during any proceeding or administrative or judicial review.
20 (7)(a) An individual who has submitted an application
21 and holds a certificate, registration, or license as an
22 athlete agent in another state may submit a copy of the
23 application and certificate, registration, or license from the
24 other state in lieu of submitting an application in the form
25 prescribed pursuant to this section. The department shall
26 accept the application and the certificate from the other
27 state as an application for registration in this state if the
28 application in the other state:
29 1. Was submitted in the other state within 6 months
30 next preceding the submission of the application in this state
31 and the applicant certifies that the information contained in
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1 the application is current;
2 2. Contains information substantially similar to or
3 more comprehensive than that required in an application
4 submitted in this state; and
5 3. Was signed by the applicant under penalty of
6 perjury.
7 (b) An applicant applying under this subsection must
8 meet all other requirements for licensure as provided by this
9 part.
10 Section 24. Section 468.454, Florida Statutes, is
11 amended to read:
12 468.454 Contracts.--
13 (1) An agent contract must be in a record, signed, or
14 otherwise authenticated by the parties.
15 (2) An agent contract must state:
16 (a) The amount and method of calculating the
17 consideration to be paid by the student-athlete for services
18 to be provided by the athlete agent and any other
19 consideration the agent has received or will receive from any
20 other source under the contract;
21 (b) The name of any person not listed in the licensure
22 application who will be compensated because the
23 student-athlete signed the agent contract;
24 (c) A description of any expenses that the
25 student-athlete agrees to reimburse;
26 (d) A description of the services to be provided to
27 the student-athlete;
28 (e) The duration of the contract; and
29 (f) The date of execution.
30 (3) An agent contract must contain, in close proximity
31 to the signature of the student-athlete, a conspicuous notice
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1 in boldface type in capital letters stating:
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3 WARNING TO STUDENT-ATHLETE
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5 IF YOU SIGN THE CONTRACT:
6 1. YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS
7 A STUDENT-ATHLETE IN YOUR SPORT;
8 2. IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72
9 HOURS AFTER ENTERING INTO THE CONTRACT, YOU AND
10 YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC
11 DIRECTOR; AND
12 3. YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS
13 AFTER SIGNING IT. HOWEVER, CANCELLATION OF THIS
14 CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
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16 (4) An agent contract that does not conform to this
17 section is voidable by the student-athlete. If a
18 student-athlete voids an agent contract, the student-athlete
19 is not required to pay any consideration or return any
20 consideration received from the athlete agent to induce the
21 student-athlete to enter into the contract.
22 (5) The athlete agent shall give a record of the
23 signed or authenticated agent contract to the student-athlete
24 at the time of execution.
25 (6) Within 72 hours after entering into an agent
26 contract or before the next scheduled athletic event in which
27 the student-athlete may participate, whichever occurs first,
28 the athlete agent must give notice in a record of the
29 existence of the contract to the athletic director of the
30 educational institution at which the student-athlete is
31 enrolled or the athlete agent has reasonable grounds to
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1 believe the student-athlete intends to enroll.
2 (7) Within 72 hours after entering into an agent
3 contract or before the next athletic event in which the
4 student-athlete may participate, whichever occurs first, the
5 student-athlete must inform the athletic director of the
6 educational institution at which the student-athlete is
7 enrolled that he or she has entered into an agent contract.
8 (8) A student-athlete may cancel an agent contract by
9 giving notice of the cancellation to the athlete agent in a
10 record within 14 days after the contract is signed.
11 (9) A student-athlete may not waive the right to
12 cancel an agent contract.
13 (10) If a student-athlete cancels an agent contract,
14 the student-athlete is not required to pay any consideration
15 or return any consideration received from the athlete agent to
16 induce the student-athlete to enter into the contract.
17 (1) An athlete agent and a student athlete who enter
18 into an agent contract must provide written notice of the
19 contract to the athletic director or the president of the
20 college or university in which the student athlete is
21 enrolled. The athlete agent and the student must give the
22 notice before the contracting student athlete practices or
23 participates in any intercollegiate athletic event or within
24 72 hours after entering into said contract, whichever comes
25 first. Failure of the athlete agent to provide this
26 notification is a felony of the third degree, punishable as
27 provided in ss. 775.082, 775.083, 775.084, 775.089, and
28 775.091.
29 (2) A written contract between a student athlete and
30 an athlete agent must state the fees and percentages to be
31 paid by the student athlete to the agent and must have a
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SENATE AMENDMENT
Bill No. CS for SB 348
Amendment No. ___ Barcode 571668
1 notice printed near the student athlete's signature containing
2 the following statement in 10-point boldfaced type:
3 "WARNING TO THE STUDENT ATHLETE: WHEN YOU SIGN THIS
4 CONTRACT, YOU WILL LIKELY IMMEDIATELY LOSE YOUR ELIGIBILITY TO
5 COMPETE IN INTERCOLLEGIATE ATHLETICS. TO AVOID CRIMINAL
6 PROSECUTION YOU MUST GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED
7 INTO THIS CONTRACT TO THE ATHLETIC DIRECTOR OR PRESIDENT OF
8 YOUR COLLEGE OR UNIVERSITY WITHIN 72 HOURS AFTER ENTERING INTO
9 THIS CONTRACT OR PRIOR TO PARTICIPATING IN INTERCOLLEGIATE
10 ATHLETICS, WHICHEVER COMES FIRST. FAILURE TO PROVIDE THIS
11 NOTICE IS A CRIMINAL OFFENSE. DO NOT SIGN THIS CONTRACT UNTIL
12 YOU HAVE READ IT AND FILLED IN ANY BLANK SPACES. YOU MAY
13 CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT IN WRITING
14 OF YOUR DESIRE TO CANCEL NOT LATER THAN THE 15TH DAY AFTER THE
15 DATE YOU SIGN THIS CONTRACT. HOWEVER, EVEN IF YOU CANCEL THIS
16 CONTRACT, THE INTERCOLLEGIATE ATHLETIC ASSOCIATION OR
17 CONFERENCE TO WHICH YOUR COLLEGE OR UNIVERSITY BELONGS MAY NOT
18 RESTORE YOUR ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE
19 ATHLETICS."
20 (3) An agent contract which does not meet the
21 requirements of this section is void and unenforceable.
22 (4) Within 15 days after the date the athletic
23 director or president of the college or university of the
24 student athlete receives the notice required by this section
25 that a student athlete has entered into an athlete agent
26 contract, the student athlete shall have the right to rescind
27 the contract with the athlete agent by giving written notice
28 to the athlete agent of the student athlete's rescission of
29 the contract. The student athlete may not under any
30 circumstances waive the student athlete's right to rescind the
31 agent contract.
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Amendment No. ___ Barcode 571668
1 (5) A postdated agent contract is void and
2 unenforceable.
3 (11)(6) An athlete agent shall not enter into an agent
4 contract that purports to or takes effect at a future time
5 after the student athlete no longer has remaining eligibility
6 to participate in intercollegiate athletics. Such a contract
7 is void and unenforceable.
8 (12)(7) An agent contract between a student athlete
9 and a person not licensed under this part is void and
10 unenforceable.
11 Section 25. Subsection (3) of section 468.456, Florida
12 Statutes, is amended to read:
13 468.456 Prohibited acts.--
14 (3) When the department finds any person guilty of any
15 of the prohibited acts set forth in subsection (1), the
16 department may enter an order imposing one or more of the
17 penalties provided for in s. 455.227, and an administrative
18 fine not to exceed $25,000 for each separate offense. In
19 addition to any other penalties or disciplinary actions
20 provided for in this part, the department shall suspend or
21 revoke the license of any athlete agent licensed under this
22 part who violates paragraph (1)(f) or paragraph (1)(o) or s.
23 468.45615.
24 Section 26. Subsection (4) is added to section
25 468.45615, Florida Statutes, to read:
26 468.45615 Provision of illegal inducements to athletes
27 prohibited; penalties; license suspension.--
28 (4)(a) An athlete agent, with the intent to induce a
29 student-athlete to enter into an agent contract, may not:
30 1. Give any materially false or misleading information
31 or make a materially false promise or representation;
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1 2. Furnish anything of value to a student-athlete
2 before the student-athlete enters into the agent contract; or
3 3. Furnish anything of value to any individual other
4 than the student-athlete or another athlete agent.
5 (b) An athlete agent may not intentionally:
6 1. Initiate contact with a student-athlete unless
7 licensed under this part;
8 2. Refuse or fail to retain or permit inspection of
9 the records required to be retained by s. 468.4565;
10 3. Provide materially false or misleading information
11 in an application for licensure;
12 4. Predate or postdate an agent contract;
13 5. Fail to give notice of the existence of an agent
14 contract as required by s. 468.454(6); or
15 6. Fail to notify a student-athlete before the
16 student-athlete signs or otherwise authenticates an agent
17 contract for a sport that the signing or authentication may
18 make the student-athlete ineligible to participate as a
19 student-athlete in that sport.
20 (c) An athlete agent who violates this subsection
21 commits a felony of the second degree, punishable as provided
22 in s. 775.082, s. 775.083, or s. 775.084.
23 Section 27. 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 (2) For purposes of this section, a college or
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1 university is damaged if, because of activities of the person,
2 the college or university is penalized, or is disqualified, or
3 suspended from participation in intercollegiate athletics by a
4 national association for the promotion and regulation of
5 intercollegiate athletics, or by an intercollegiate athletic
6 conference or by reasonable self-imposed disciplinary action
7 taken to mitigate sanctions likely to be imposed by such
8 organization and, because of that penalty, disqualification,
9 or suspension, or action the institution:
10 (a) Loses revenue from media coverage of a sports
11 contest;
12 (b) Loses the right to grant an athletic scholarship;
13 (c) Loses the right to recruit an athlete;
14 (d) Is prohibited from participating in postseason
15 athletic competition;
16 (e) Forfeits an athletic contest; or
17 (f) Otherwise suffers an adverse financial impact.
18 (3) An institution that prevails in a suit brought
19 under this section may recover:
20 (a) Actual damages;
21 (b) Punitive damages;
22 (c) Treble damages;
23 (d) Court costs; and
24 (e) Reasonable attorney's fees.
25 (4) A right of action under this section does not
26 accrue until the educational institution discovers or by the
27 exercise of reasonable diligence would have discovered the
28 violation by the athlete agent or former student-athlete.
29 (5) Any liability of the athlete agent or the former
30 student-athlete under this section is several and not joint.
31 (6) This part does not restrict rights, remedies, or
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1 defenses of any person under law or equity.
2 Section 28. Subsection (1) of section 468.4565,
3 Florida Statutes, is amended to read:
4 468.4565 Business records requirement.--
5 (1) An athlete agent who holds an active license and
6 engages in business as an athlete agent shall establish and
7 maintain complete financial and business records. The athlete
8 agent shall save each entry into a financial or business
9 record for at least 5 4 years from the date of entry. These
10 records must include, but shall not be limited to:
11 (a) The name and address of each individual
12 represented by the athlete agent;
13 (b) Any agent contract entered into by the athlete
14 agent; and
15 (c) Any direct costs incurred by the athlete agent in
16 the recruitment or solicitation of a student-athlete to enter
17 into an agent contract.
18 Section 29. Sections 468.4563 and 468.4564, Florida
19 Statutes, are repealed.
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21 (Redesignate subsequent sections.)
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24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 On page 41, line 30, after the semicolon,
27
28 insert:
29 amending s. 468.452, F.S.; revising a
30 definition; amending s. 468.453, F.S.; revising
31 licensure requirements; providing for service
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Bill No. CS for SB 348
Amendment No. ___ Barcode 571668
1 of process on nonresident agents; providing for
2 temporary licenses; amending s. 468.454, F.S.;
3 revising contract requirements; providing for
4 cancellation of contracts; amending s. 468.456,
5 F.S.; providing for increased administrative
6 fines; amending s. 468.45615, F.S.; providing
7 additional criminal penalties for certain acts;
8 amending s. 468.4562, F.S.; revising provisions
9 relating to civil remedies available to
10 colleges and universities for violations of
11 athlete agent regulations; amending s.
12 468.4565, F.S.; revising business record
13 requirements; repealing s. 468.4563, F.S.,
14 relating to authority to require continuing
15 education by athlete agents; repealing s.
16 468.4564, relating to license display
17 requirements;
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