Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. PCS (453996) for CS for SB 1050
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/25/2016           .                                

       The Committee on Appropriations (Hays) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete line 515
    4  and insert:
    5         Section 29. Section 468.456, Florida Statutes, is amended
    6  to read:
    7         468.456 Prohibited acts.—
    8         (1) Any of the following acts shall be grounds for the
    9  civil causes of action disciplinary actions and remedies as
   10  provided for in s. 468.4562 subsection (3):
   11         (a) A violation of any law relating to the practice as an
   12  athlete agent including, but not limited to, violations of this
   13  part and chapter 455 and any rules promulgated thereunder.
   14         (a)(b) Failure to account for or to pay, within a
   15  reasonable time, not to exceed 30 days, assets belonging to
   16  another which have come into the control of the athlete agent in
   17  the course of conducting business as an athlete agent.
   18         (b)(c) Any conduct as an athlete agent which demonstrates
   19  bad faith or dishonesty.
   20         (c)(d) Commingling money or property of another person with
   21  the athlete agent’s money or property. Every athlete agent shall
   22  maintain a separate trust or escrow account in an insured bank
   23  or savings and loan association located in this state in which
   24  shall be deposited all proceeds received for another person
   25  through the athlete agent.
   26         (d)(e) Accepting as a client a student athlete referred by
   27  and in exchange for any consideration made to an employee of or
   28  a coach for a college or university located in this state.
   29         (e)(f) Offering anything of value to any person to induce a
   30  student athlete to enter into an agreement by which the agent
   31  will represent the student athlete. However, negotiations
   32  regarding the agent’s fee shall not be considered an inducement.
   33         (g) Knowingly providing financial benefit from the
   34  licensee’s conduct of business as an athlete agent to another
   35  athlete agent whose license to practice as an athlete agent is
   36  suspended or has been permanently revoked within the previous 5
   37  years.
   38         (f)(h) Committing mismanagement or misconduct as an athlete
   39  agent which causes financial harm to a student athlete or
   40  college or university.
   41         (i) Failing to include the athlete agent’s name and license
   42  number in any advertising related to the business of an athlete
   43  agent. Advertising shall not include clothing or other novelty
   44  items.
   45         (g)(j) Publishing or causing to be published false or
   46  misleading information or advertisements, or giving any false
   47  information or making false promises to a student athlete
   48  concerning employment or financial services.
   49         (h)(k) Violating or aiding and abetting another person to
   50  violate the rules of the athletic conference or collegiate
   51  athletic association governing a student athlete or student
   52  athlete’s college or university.
   53         (i)(l) Having contact, as prohibited by this part, with a
   54  student athlete.
   55         (j)(m) Postdating agent contracts.
   56         (n) Having an athlete agent certification acted against by
   57  a professional athletic club or association.
   58         (k)(o) Being employed to illegally recruit or solicit
   59  student athletes by being utilized by or otherwise collaborating
   60  with a person known to have been convicted or found guilty of,
   61  or to have entered a plea of nolo contendere to, a violation of
   62  s. 468.45615, regardless of adjudication.
   63         (2) This part does not prohibit an athlete agent from:
   64         (a) Sending to a student athlete written materials provided
   65  that the athlete agent simultaneously sends an identical copy of
   66  such written materials to the athletic director, or the
   67  director’s designee, of the college or university in which the
   68  student athlete is enrolled or to which the student athlete has
   69  provided a written intent to participate in intercollegiate
   70  athletics; and
   71         (b) Otherwise contacting a student athlete, provided that
   72  the student athlete initiates the contact with the athlete
   73  agent, and the athlete agent gives prior notice, as provided for
   74  by rule of the department, to the college or university in which
   75  the student athlete is enrolled or to which the student athlete
   76  has provided a written intent to participate in intercollegiate
   77  athletics.
   78         (3) When the department finds any person guilty of any of
   79  the prohibited acts set forth in subsection (1), the department
   80  may enter an order imposing one or more of the penalties
   81  provided for in s. 455.227, and an administrative fine not to
   82  exceed $25,000 for each separate offense. In addition to any
   83  other penalties or disciplinary actions provided for in this
   84  part, the department shall suspend or revoke the license of any
   85  athlete agent licensed under this part who violates paragraph
   86  (1)(f) or paragraph (1)(o) or s. 468.45615.
   88  ================= T I T L E  A M E N D M E N T ================
   89  And the title is amended as follows:
   90         Delete lines 66 - 68
   91  and insert:
   92         contract is void and unenforceable; amending s.
   93         468.456, F.S.; providing that certain actions are
   94         grounds for civil causes of action and remedies;
   95         deleting a provision authorizing the department to
   96         impose certain penalties and fines; deleting the
   97         requirement to suspend or revoke an athlete agent’s
   98         license for certain violations; repealing s. 468.4561,
   99         F.S., relating to