Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 646
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/10/2020 .
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The Committee on Education (Mayfield) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5
6 Section 1. Section 1006.74 Florida Statutes, is created to
7 read:
8 1006.74 Intercollegiate athlete compensation and rights.
9 The Legislature finds that intercollegiate athletics provide
10 intercollegiate athletes with significant educational
11 opportunities. However, participation in intercollegiate
12 athletics should not infringe upon an intercollegiate athlete’s
13 ability to earn compensation for her or his name, image, or
14 likeness. An intercollegiate athlete must have an equal
15 opportunity to control and profit from the commercial use of her
16 or his name, image, or likeness, and be protected from
17 unauthorized appropriation and commercial exploitation of her or
18 his right to publicity, including her or his name, image, or
19 likeness.
20 (1) DEFINITIONS.—As used in this section, the term:
21 (a) “Athletic program” means an intercollegiate athletic
22 program at a postsecondary educational institution.
23 (b) “Intercollegiate athlete” means a student who
24 participates in an athletic program.
25 (c) “Postsecondary educational institution” means a state
26 university, a Florida College System institution, or a private
27 college or university receiving aid under chapter 1009.
28 (2) INTERCOLLEGIATE ATHLETES’ COMPENSATION AND RIGHTS AND
29 POSTSECONDARY EDUCATIONAL INSTITUTIONS RESPONSIBILITIES.—
30 (a) An intercollegiate athlete at a postsecondary
31 educational institution may earn compensation for the use of her
32 or his name, image, or likeness. Such compensation must be
33 commensurate with the market value the market value of the
34 authorized use of the athlete’s name, image, or likeness. To
35 preserve the integrity, quality, character, and amateur nature
36 of intercollegiate athletics and to maintain a clear separation
37 between amateur intercollegiate athletics and professional
38 sports, such compensation may not be provided in exchange for
39 athletic performance or attendance at a particular institution
40 and may only be provided by a third party unaffiliated with the
41 intercollegiate athlete’s postsecondary educational institution.
42 (b) A postsecondary educational institution may not adopt
43 or maintain a contract, rule, regulation, standard, or other
44 requirement that prevents or unduly restricts an intercollegiate
45 athlete from earning compensation for the use of her or his
46 name, image, or likeness. Earning such compensation may not
47 affect the intercollegiate athlete’s grant-in-aid or athletic
48 eligibility.
49 (c) A postsecondary educational institution may not
50 compensate a current or prospective intercollegiate athlete for
51 the use of her or his name, image, or likeness.
52 (d) A postsecondary educational institution may not prevent
53 or unduly restrict an intercollegiate athlete from obtaining
54 professional representation by an athlete agent or attorney
55 engaged for the purpose of securing compensation for the use of
56 her or his name, image, or likeness. Pursuant to s. 468.453(8),
57 an athlete agent representing an intercollegiate athlete for
58 purposes of securing compensation for the use of her or his
59 name, image, or likeness, must be licensed under part IX of
60 chapter 468. An attorney representing an intercollegiate athlete
61 for purposes of securing compensation for the use of her or his
62 name, image, or likeness must be a member in good standing of
63 The Florida Bar.
64 (e) A grant-in-aid, including cost of attendance, awarded
65 to an intercollegiate athlete by a postsecondary educational
66 institution is not compensation for the purposes of this
67 subsection, and may not be revoked or reduced as a result of an
68 intercollegiate athlete earning compensation or obtaining
69 professional representation under this subsection.
70 (f) An intercollegiate athlete under 18 years of age must
71 have any contract for compensation for the use of her or his
72 name, image, or likeness approved under ss. 743.08 and 743.09.
73 (g) An intercollegiate athlete’s contract for compensation
74 for the use of her or his name, image, or likeness may not
75 violate this subsection.
76 (h) An intercollegiate athlete may not enter into a
77 contract for compensation for the use of her or his name, image,
78 or likeness if a term of the contract conflicts with a term of
79 the intercollegiate athlete’s team contract. A postsecondary
80 educational institution asserting a conflict under this
81 paragraph must disclose each relevant contract term that
82 conflicts with the team contract to the intercollegiate athlete
83 or her or his representative.
84 (i) An intercollegiate athlete who enters into a contract
85 for compensation for the use of her or his name, image, or
86 likeness shall disclose the contract to the postsecondary
87 educational institution at which she or he is enrolled, in a
88 manner designated by the institution.
89 (j) The duration of a contract for representation of an
90 intercollegiate athlete or compensation for the use of an
91 intercollegiate athlete’s name, image, or likeness may not
92 extend beyond her or his participation in an athletic program at
93 a postsecondary educational institution.
94 (3) REGULATIONS AND RULES.—The Board of Governors and the
95 State Board of Education shall adopt regulations and rules,
96 respectively, to implement this section.
97 Section 2. Subsections (8) and (9) are added to section
98 468.453, Florida Statutes, to read:
99 468.453 Licensure required; qualifications; license
100 nontransferable; service of process; temporary license; license
101 or application from another state.—
102 (8) Notwithstanding subsection (3), a person must hold a
103 valid license as an athlete agent to act as an athlete agent
104 representing an intercollegiate athlete for purposes of
105 contracts authorized under s. 1006.74.
106 (9) Notwithstanding athletic conference or collegiate
107 athletic association rules, bylaws, regulations, and policies to
108 the contrary, an athlete agent may represent an intercollegiate
109 athlete in securing compensation for the use of her or his name,
110 image, or likeness under s. 1006.74.
111 Section 3. This act shall take effect July 1, 2020.
112
113 ================= T I T L E A M E N D M E N T ================
114 And the title is amended as follows:
115 Delete everything before the enacting clause
116 and insert:
117 A bill to be entitled
118 An act relating to intercollegiate athlete
119 compensation and rights; creating s. 1006.74, F.S.;
120 providing legislative findings; defining terms;
121 authorizing certain intercollegiate athletes to earn
122 compensation for the use of their names, images, or
123 likenesses; providing requirements for such
124 compensation; prohibiting postsecondary educational
125 institutions from adopting or maintaining contracts,
126 rules, regulations, standards, or other requirements
127 that prevent or unduly restrict intercollegiate
128 athletes from earning specified compensation;
129 providing that certain compensation does not affect
130 certain intercollegiate athlete eligibilities;
131 prohibiting a postsecondary educational institution
132 from compensating intercollegiate athletes or
133 prospective intercollegiate athletes for the use of
134 their names, images, or likenesses; prohibiting a
135 postsecondary educational institution from preventing
136 or unduly restricting intercollegiate athletes from
137 obtaining specified representation; requiring athlete
138 agents and attorneys to meet specified requirements;
139 providing that specified aid for intercollegiate
140 athletes is not compensation; prohibiting the
141 revocation or reduction of certain aid as a result of
142 intercollegiate athletes earning certain compensation
143 or obtaining specified representation; providing
144 approval requirements for certain contracts for
145 compensation for intercollegiate athletes who are
146 minors; providing contract requirements; prohibiting
147 intercollegiate athletes from entering into contracts
148 for specified compensation that conflict with terms of
149 her or his team contract; providing intercollegiate
150 athlete contract disclosure requirements; prohibiting
151 an intercollegiate athlete contract from extending
152 beyond a specified timeframe; requiring the Board of
153 Governors and the State Board of Education to adopt
154 regulations and rules, respectively; amending s.
155 468.453, F.S.; providing requirements for certain
156 athlete agents; providing an effective date.