Florida Senate - 2020 CS for SB 646 By the Committee on Education; and Senator Mayfield 581-03379-20 2020646c1 1 A bill to be entitled 2 An act relating to intercollegiate athlete 3 compensation and rights; creating s. 1006.74, F.S.; 4 providing legislative findings; defining terms; 5 authorizing certain intercollegiate athletes to earn 6 compensation for the use of their names, images, or 7 likenesses; providing requirements for such 8 compensation; prohibiting postsecondary educational 9 institutions from adopting or maintaining contracts, 10 rules, regulations, standards, or other requirements 11 that prevent or unduly restrict intercollegiate 12 athletes from earning specified compensation; 13 providing that certain compensation does not affect 14 certain intercollegiate athlete eligibilities; 15 prohibiting a postsecondary educational institution 16 from compensating intercollegiate athletes or 17 prospective intercollegiate athletes for the use of 18 their names, images, or likenesses; prohibiting a 19 postsecondary educational institution from preventing 20 or unduly restricting intercollegiate athletes from 21 obtaining specified representation; requiring athlete 22 agents and attorneys to meet specified requirements; 23 providing that specified aid for intercollegiate 24 athletes is not compensation; prohibiting the 25 revocation or reduction of certain aid as a result of 26 intercollegiate athletes earning certain compensation 27 or obtaining specified representation; providing 28 approval requirements for certain contracts for 29 compensation for intercollegiate athletes who are 30 minors; providing contract requirements; prohibiting 31 intercollegiate athletes from entering into contracts 32 for specified compensation that conflict with terms of 33 her or his team contract; providing intercollegiate 34 athlete contract disclosure requirements; prohibiting 35 an intercollegiate athlete contract from extending 36 beyond a specified timeframe; requiring the Board of 37 Governors and the State Board of Education to adopt 38 regulations and rules, respectively; amending s. 39 468.453, F.S.; providing requirements for certain 40 athlete agents; providing an effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. Section 1006.74 Florida Statutes, is created to 45 read: 46 1006.74 Intercollegiate athlete compensation and rights. 47 The Legislature finds that intercollegiate athletics provide 48 intercollegiate athletes with significant educational 49 opportunities. However, participation in intercollegiate 50 athletics should not infringe upon an intercollegiate athlete’s 51 ability to earn compensation for her or his name, image, or 52 likeness. An intercollegiate athlete must have an equal 53 opportunity to control and profit from the commercial use of her 54 or his name, image, or likeness, and be protected from 55 unauthorized appropriation and commercial exploitation of her or 56 his right to publicity, including her or his name, image, or 57 likeness. 58 (1) DEFINITIONS.—As used in this section, the term: 59 (a) “Athletic program” means an intercollegiate athletic 60 program at a postsecondary educational institution. 61 (b) “Intercollegiate athlete” means a student who 62 participates in an athletic program. 63 (c) “Postsecondary educational institution” means a state 64 university, a Florida College System institution, or a private 65 college or university receiving aid under chapter 1009. 66 (2) INTERCOLLEGIATE ATHLETES’ COMPENSATION AND RIGHTS AND 67 POSTSECONDARY EDUCATIONAL INSTITUTIONS RESPONSIBILITIES.— 68 (a) An intercollegiate athlete at a postsecondary 69 educational institution may earn compensation for the use of her 70 or his name, image, or likeness. Such compensation must be 71 commensurate with the market value of the authorized use of the 72 athlete’s name, image, or likeness. To preserve the integrity, 73 quality, character, and amateur nature of intercollegiate 74 athletics and to maintain a clear separation between amateur 75 intercollegiate athletics and professional sports, such 76 compensation may not be provided in exchange for athletic 77 performance or attendance at a particular institution and may 78 only be provided by a third party unaffiliated with the 79 intercollegiate athlete’s postsecondary educational institution. 80 (b) A postsecondary educational institution may not adopt 81 or maintain a contract, rule, regulation, standard, or other 82 requirement that prevents or unduly restricts an intercollegiate 83 athlete from earning compensation for the use of her or his 84 name, image, or likeness. Earning such compensation may not 85 affect the intercollegiate athlete’s grant-in-aid or athletic 86 eligibility. 87 (c) A postsecondary educational institution may not 88 compensate a current or prospective intercollegiate athlete for 89 the use of her or his name, image, or likeness. 90 (d) A postsecondary educational institution may not prevent 91 or unduly restrict an intercollegiate athlete from obtaining 92 professional representation by an athlete agent or attorney 93 engaged for the purpose of securing compensation for the use of 94 her or his name, image, or likeness. Pursuant to s. 468.453(8), 95 an athlete agent representing an intercollegiate athlete for 96 purposes of securing compensation for the use of her or his 97 name, image, or likeness, must be licensed under part IX of 98 chapter 468. An attorney representing an intercollegiate athlete 99 for purposes of securing compensation for the use of her or his 100 name, image, or likeness must be a member in good standing of 101 The Florida Bar. 102 (e) A grant-in-aid, including cost of attendance, awarded 103 to an intercollegiate athlete by a postsecondary educational 104 institution is not compensation for the purposes of this 105 subsection, and may not be revoked or reduced as a result of an 106 intercollegiate athlete earning compensation or obtaining 107 professional representation under this subsection. 108 (f) An intercollegiate athlete under 18 years of age must 109 have any contract for compensation for the use of her or his 110 name, image, or likeness approved under ss. 743.08 and 743.09. 111 (g) An intercollegiate athlete’s contract for compensation 112 for the use of her or his name, image, or likeness may not 113 violate this subsection. 114 (h) An intercollegiate athlete may not enter into a 115 contract for compensation for the use of her or his name, image, 116 or likeness if a term of the contract conflicts with a term of 117 the intercollegiate athlete’s team contract. A postsecondary 118 educational institution asserting a conflict under this 119 paragraph must disclose each relevant contract term that 120 conflicts with the team contract to the intercollegiate athlete 121 or her or his representative. 122 (i) An intercollegiate athlete who enters into a contract 123 for compensation for the use of her or his name, image, or 124 likeness shall disclose the contract to the postsecondary 125 educational institution at which she or he is enrolled, in a 126 manner designated by the institution. 127 (j) The duration of a contract for representation of an 128 intercollegiate athlete or compensation for the use of an 129 intercollegiate athlete’s name, image, or likeness may not 130 extend beyond her or his participation in an athletic program at 131 a postsecondary educational institution. 132 (3) REGULATIONS AND RULES.—The Board of Governors and the 133 State Board of Education shall adopt regulations and rules, 134 respectively, to implement this section. 135 Section 2. Subsections (8) and (9) are added to section 136 468.453, Florida Statutes, to read: 137 468.453 Licensure required; qualifications; license 138 nontransferable; service of process; temporary license; license 139 or application from another state.— 140 (8) Notwithstanding subsection (3), a person must hold a 141 valid license as an athlete agent to act as an athlete agent 142 representing an intercollegiate athlete for purposes of 143 contracts authorized under s. 1006.74. 144 (9) Notwithstanding athletic conference or collegiate 145 athletic association rules, bylaws, regulations, and policies to 146 the contrary, an athlete agent may represent an intercollegiate 147 athlete in securing compensation for the use of her or his name, 148 image, or likeness under s. 1006.74. 149 Section 3. This act shall take effect July 1, 2020.