Florida Senate - 2020                                     SB 582
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00612-20                                            2020582__
    1                        A bill to be entitled                      
    2         An act relating to students participating in
    3         intercollegiate athletics; creating s. 1004.098, F.S.;
    4         prohibiting a postsecondary educational institution
    5         from upholding any rule, requirement, standard, or
    6         limitation that prevents students participating in
    7         intercollegiate athletics from earning specified
    8         compensation; prohibiting certain organizations from
    9         preventing such students from earning specified
   10         compensation; prohibiting certain organizations from
   11         preventing postsecondary educational institutions from
   12         participating in intercollegiate athletics under
   13         certain circumstances; prohibiting postsecondary
   14         educational institutions and certain organizations
   15         from providing compensation to prospective students
   16         under certain conditions; prohibiting certain entities
   17         from preventing students participating in
   18         intercollegiate athletics from obtaining professional
   19         representation; providing requirements for such
   20         representation; providing that specified scholarships
   21         are not considered compensation; prohibiting the
   22         revocation of scholarships for specified reasons;
   23         prohibiting students participating in intercollegiate
   24         athletics from entering into contracts that meet
   25         certain criteria; providing student disclosure
   26         requirements for certain contracts; providing
   27         requirements for such disclosure; providing
   28         postsecondary education institution requirements for
   29         conflicts with specified contracts; providing
   30         requirements for specified contracts; providing
   31         applicability; providing definitions; providing for
   32         regulations and rulemaking; requiring the Chancellor
   33         of the Florida College System to convene a College
   34         System Athlete Name, Image, and Likeness Task Force;
   35         providing membership, meeting requirements, and duties
   36         of the task force; requiring the task force to submit
   37         a report by a certain date; providing for the
   38         expiration of the task force; providing an effective
   39         date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Section 1004.098, Florida Statutes, is created
   44  to read:
   45         1004.098Compensation for students participating in
   46  intercollegiate athletics.—
   47         (1)(a)A postsecondary educational institution may not
   48  uphold any rule, requirement, standard, or other limitation that
   49  prevents a student of that institution from participating in
   50  intercollegiate athletics from earning compensation as a result
   51  of the use of the student’s name, image, or likeness. Earning
   52  compensation from the use of a student’s name, image, or
   53  likeness may not affect the student’s scholarship eligibility.
   54         (b)An athletic association, conference, or other group or
   55  organization with authority over intercollegiate athletics,
   56  including, but not limited to, the National Collegiate Athletic
   57  Association (NCAA), may not prevent a student athlete from
   58  earning compensation as a result of the use of the student’s
   59  name, image, or likeness.
   60         (c)An athletic association, conference, or other group or
   61  organization with authority over intercollegiate athletics,
   62  including, but not limited to, the NCAA, may not prevent a
   63  postsecondary educational institution from participating in
   64  intercollegiate athletics as a result of the compensation of a
   65  student athlete for the use of the student’s name, image, or
   66  likeness.
   67         (2)A postsecondary educational institution, athletic
   68  association, conference, or other group or organization with
   69  authority over intercollegiate athletics may not provide a
   70  prospective student who may participate in intercollegiate
   71  athletics with compensation in relation to the student’s name,
   72  image, or likeness.
   73         (3)(a)A postsecondary educational institution, athletic
   74  association, conference, or other group or organization with
   75  authority over intercollegiate athletics may not prevent a
   76  student athlete in this state from obtaining professional
   77  representation in relation to contracts or legal matters,
   78  including, but not limited to, representation provided by an
   79  athlete agent or legal representation provided by an attorney.
   80         (b)Professional representation obtained by a student
   81  athlete must be from persons licensed by the state.
   82  Notwithstanding s. 468.453(3), an athlete agent representing a
   83  student athlete for purposes of earning compensation as a result
   84  of the use of the student’s name, image, or likeness must be
   85  licensed under part IX of chapter 468. An attorney representing
   86  a student athlete for purposes of earning compensation as a
   87  result of the use of the student’s name, image, or likeness must
   88  be licensed to practice in the state.
   89         (c)An athlete agent representing a student athlete shall
   90  comply with the federal Sports Agent Responsibility and Trust
   91  Act in 15 U.S.C. ss. 7801-7807 in their relationships with the
   92  student.
   93         (4)A scholarship from the postsecondary educational
   94  institution in which a student is enrolled that meets the cost
   95  of attendance is not compensation for purposes of this section,
   96  and a scholarship may not be revoked as a result of the student
   97  earning compensation or obtaining professional or legal
   98  representation under this section.
   99         (5)(a)1.A student athlete may not enter into a contract
  100  providing compensation to the student for use of the student’s
  101  name, image, or likeness if a provision of such contract is in
  102  conflict with a provision of the student’s team contract.
  103         2.A postsecondary educational institution asserting a
  104  conflict under subparagraph 1. must disclose the relevant
  105  contractual provisions that are in conflict with a provision of
  106  the student’s team contract to the student athlete or his or her
  107  representation.
  108         (b)A student athlete who enters into a contract providing
  109  compensation to the student for use of the student’s name,
  110  image, or likeness shall disclose the contract to an official of
  111  the postsecondary educational institution in which he or she is
  112  enrolled, to be designated by the institution.
  113         (6)A team contract of a postsecondary educational
  114  institution’s athletic program may not prevent a student athlete
  115  from using the student’s name, image, or likeness for a
  116  commercial purpose when the student is not engaged in official
  117  team activities. This subsection applies only to contracts
  118  entered into, modified, or renewed on or after January 1, 2023.
  119         (7)For purposes of this section:
  120         (a)The term “postsecondary educational institution” means
  121  a state university, a Florida College System institution, or a
  122  private college or university.
  123         (b)The term “student athlete” means a student of a
  124  postsecondary educational institution who participates in
  125  intercollegiate athletics.
  126         (8)The Board of Governors and the State Board of Education
  127  shall adopt regulations and rules, respectively, to administer
  128  this section.
  129         (9)This section shall take effect on January 1, 2023.
  130         Section 2. (1)The Chancellor of the Florida College System
  131  shall convene a College System Athlete Name, Image, and Likeness
  132  Task Force, a task force as defined in s. 20.03(8), Florida
  133  Statutes. Except as otherwise provided in this section, the task
  134  force shall operate in a manner consistent with s. 20.052,
  135  Florida Statutes. The task force shall be composed of the
  136  following members:
  137         (a)One member appointed by the President of the Senate.
  138         (b)One member appointed by the Speaker of the House of
  139  Representatives.
  140         (c)One member appointed by the Chancellor of the Florida
  141  College System.
  142         (d)One member appointed by the President of the Florida
  143  College System Activities Association.
  144         (e)Two members appointed by the Chancellor of the Florida
  145  College System who are Florida College System institution
  146  students who participate in intercollegiate athletics.
  147         (f)One member appointed by the Chancellor of the Florida
  148  College System who is a Florida College System institution
  149  athletic administrator.
  150         (g)One member appointed by the Chancellor of the Florida
  151  College System who is a Florida College System institution
  152  athletic coach.
  153         (h)One member appointed by the Chancellor of the Florida
  154  College System who is a Florida College System student
  155  government association representative.
  156  
  157  All appointments to the task force shall be completed on or
  158  before December 1, 2020.
  159         (2)The task force shall meet at least twice and elect a
  160  chair and vice chair. A quorum shall consist of a majority of
  161  the group’s members.
  162         (3)The task force shall:
  163         (a)Review existing Florida College System Activities
  164  Association bylaws, state and federal laws, and national
  165  athletic association bylaws regarding the use of a Florida
  166  College System institution student’s name, image, and likeness
  167  for compensation if he or she participates in intercollegiate
  168  athletics.
  169         (b)On or before December 1, 2021, submit a report to the
  170  President of the Senate, the Speaker of the House of
  171  Representatives, the Chancellor of the Florida College System,
  172  and the Florida College System Activities Association containing
  173  its findings and policy recommendations.
  174         (4)Upon submission of its report pursuant to paragraph
  175  (3)(b), the task force shall expire.
  176         Section 3. This act shall take effect July 1, 2020.