Senate Bill sb1788c2

    Florida Senate - 2003                    CS for CS for SB 1788

    By the Committees on Criminal Justice; Education; and Senator
    Hill




    307-2508-03

  1                      A bill to be entitled

  2         An act relating to student athletes; creating

  3         s. 877.135, F.S.; prohibiting the giving or

  4         offering of inducements to certain student

  5         athletes for the purpose of encouraging such

  6         athlete to attend or not attend certain

  7         academic institutions, to become a professional

  8         athlete, or to endorse products or commercial

  9         establishments; providing exceptions; providing

10         penalties; providing an effective date.

11  

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

13  

14         Section 1.  Section 877.135, Florida Statutes, is

15  created to read:

16         877.135  Corrupting or attempting to corrupt student

17  athletes.--

18         (1)  For the purpose of this section, the term "student

19  athlete" means a student in grades 6 through 12 who

20  participates in interscholastic athletic contests as a

21  representative of the school the student attends and who

22  resides in this state.

23         (2)  A person who, knowing another person is a student

24  athlete, gives or offers an item of monetary value to the

25  person who is a student athlete or to another person with the

26  intent to encourage the person who is a student athlete to

27  attend or not attend a particular academic institution, to

28  become a professional athlete, or to endorse a product or

29  commercial establishment, commits a misdemeanor of the second

30  degree, punishable as provided in s. 775.082 or by a fine not

31  

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    Florida Senate - 2003                    CS for CS for SB 1788
    307-2508-03




 1  to exceed $1,000 or three times the value of the inducement

 2  given or offered, whichever is the greater amount.

 3         (3)  The provisions of this section do not apply to:

 4         (a)  A written statement by an academic institution to

 5  a student athlete in which the student athlete is offered a

 6  scholarship or the provision of items and expenses

 7  specifically permitted under the rules and regulations

 8  governing the recruitment of athletes by the academic

 9  institution.

10         (b)  A written statement by a professional sports team

11  or organization to a student athlete in which the student

12  athlete is offered employment with the professional sport team

13  or organization, if that written statement also includes a

14  written statement specifying any limitation that the

15  acceptance of such offer will place on the amateur career of

16  the student athlete.

17         (c)  An item of monetary value that is given to the

18  student athlete by a spouse, parent, sibling, grandparent, or

19  legal guardian of such student athlete, unless such item was

20  given to the spouse, parent, sibling, grandparent, or legal

21  guardian by a person in violation of this section.

22         (d)  An endorsement of a product or commerical

23  establishment by a student athlete, if the student athlete is

24  not paid or compensated for the endorsement.

25         (e)  An endorsement of a product or commerical

26  establishment in which a person who is a student athlete is

27  compensated or paid for the endorsement, if the endorsement

28  does not identify the person who is a student athlete as a

29  student athlete through any direct or indirect means and does

30  not depict, describe, or display such person's athletic

31  

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    Florida Senate - 2003                    CS for CS for SB 1788
    307-2508-03




 1  ability as it relates to the sport in which such person

 2  participates as a student athlete.

 3         Section 2.  This act shall take effect July 1, 2003.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                          CS for SB 1788

 7                                 

 8  -    Defines the term "student athlete."

 9  -    Punishes inducements to the student athlete.

10  -    Provides that the newly created offense does not apply if
         the athlete is not paid or compensated for an endorsement
11       or, if paid or compensated, the endorsement does not
         identify the student athlete as a student athlete or
12       depict, describe, or display the athlete's ability in the
         particular sport the athlete plays.
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    -    Requires that a person subject to the newly created
14       section know that the student athlete is a student
         athlete.
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CODING: Words stricken are deletions; words underlined are additions.