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 1004.098 Compensation 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.