ENROLLED 2020 Legislature CS for CS for SB 646 2020646er 1 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 and other entities, institutions, and their employees 17 from compensating intercollegiate athletes or 18 prospective intercollegiate athletes for the use of 19 their names, images, or likenesses; prohibiting a 20 postsecondary educational institution from preventing 21 or unduly restricting intercollegiate athletes from 22 obtaining specified representation; requiring athlete 23 agents and attorneys to meet specified requirements; 24 providing that specified aid for intercollegiate 25 athletes is not compensation; prohibiting the 26 revocation or reduction of certain aid as a result of 27 intercollegiate athletes earning certain compensation 28 or obtaining specified representation; providing 29 approval requirements for certain contracts for 30 compensation for intercollegiate athletes who are 31 minors; providing contract requirements; prohibiting 32 intercollegiate athletes from entering into contracts 33 for specified compensation that conflict with terms of 34 her or his team contract; providing intercollegiate 35 athlete contract disclosure requirements; prohibiting 36 an intercollegiate athlete contract from extending 37 beyond a specified timeframe; requiring each 38 postsecondary institution to conduct a financial 39 literacy and life skills workshop for intercollegiate 40 athletes; requiring the Board of Governors and the 41 State Board of Education to adopt regulations and 42 rules, respectively; amending s. 468.453, F.S.; 43 providing requirements for certain athlete agents; 44 providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Section 1006.74 Florida Statutes, is created to 49 read: 50 1006.74 Intercollegiate athlete compensation and rights. 51 The Legislature finds that intercollegiate athletics provide 52 intercollegiate athletes with significant educational 53 opportunities. However, participation in intercollegiate 54 athletics should not infringe upon an intercollegiate athlete’s 55 ability to earn compensation for her or his name, image, or 56 likeness. An intercollegiate athlete must have an equal 57 opportunity to control and profit from the commercial use of her 58 or his name, image, or likeness, and be protected from 59 unauthorized appropriation and commercial exploitation of her or 60 his right to publicity, including her or his name, image, or 61 likeness. 62 (1) DEFINITIONS.—As used in this section, the term: 63 (a) “Athletic program” means an intercollegiate athletic 64 program at a postsecondary educational institution. 65 (b) “Intercollegiate athlete” means a student who 66 participates in an athletic program. 67 (c) “Postsecondary educational institution” means a state 68 university, a Florida College System institution, or a private 69 college or university receiving aid under chapter 1009. 70 (2) INTERCOLLEGIATE ATHLETES’ COMPENSATION AND RIGHTS AND 71 POSTSECONDARY EDUCATIONAL INSTITUTIONS RESPONSIBILITIES.— 72 (a) An intercollegiate athlete at a postsecondary 73 educational institution may earn compensation for the use of her 74 or his name, image, or likeness. Such compensation must be 75 commensurate with the market value of the authorized use of the 76 athlete’s name, image, or likeness. To preserve the integrity, 77 quality, character, and amateur nature of intercollegiate 78 athletics and to maintain a clear separation between amateur 79 intercollegiate athletics and professional sports, such 80 compensation may not be provided in exchange for athletic 81 performance or attendance at a particular institution and may 82 only be provided by a third party unaffiliated with the 83 intercollegiate athlete’s postsecondary educational institution. 84 (b) A postsecondary educational institution may not adopt 85 or maintain a contract, rule, regulation, standard, or other 86 requirement that prevents or unduly restricts an intercollegiate 87 athlete from earning compensation for the use of her or his 88 name, image, or likeness. Earning such compensation may not 89 affect the intercollegiate athlete’s grant-in-aid or athletic 90 eligibility. 91 (c) A postsecondary educational institution, an entity 92 whose purpose includes supporting or benefitting the institution 93 or its athletic programs, or an officer, director, or employee 94 of such institution or entity may not compensate or cause 95 compensation to be directed to a current or prospective 96 intercollegiate athlete for her or his name, image, or likeness. 97 (d) A postsecondary educational institution may not prevent 98 or unduly restrict an intercollegiate athlete from obtaining 99 professional representation by an athlete agent or attorney 100 engaged for the purpose of securing compensation for the use of 101 her or his name, image, or likeness. Pursuant to s. 468.453(8), 102 an athlete agent representing an intercollegiate athlete for 103 purposes of securing compensation for the use of her or his 104 name, image, or likeness, must be licensed under part IX of 105 chapter 468. An attorney representing an intercollegiate athlete 106 for purposes of securing compensation for the use of her or his 107 name, image, or likeness must be a member in good standing of 108 The Florida Bar. 109 (e) A grant-in-aid, including cost of attendance, awarded 110 to an intercollegiate athlete by a postsecondary educational 111 institution is not compensation for the purposes of this 112 subsection, and may not be revoked or reduced as a result of an 113 intercollegiate athlete earning compensation or obtaining 114 professional representation under this subsection. 115 (f) An intercollegiate athlete under 18 years of age must 116 have any contract for compensation for the use of her or his 117 name, image, or likeness approved under ss. 743.08 and 743.09. 118 (g) An intercollegiate athlete’s contract for compensation 119 for the use of her or his name, image, or likeness may not 120 violate this subsection. 121 (h) An intercollegiate athlete may not enter into a 122 contract for compensation for the use of her or his name, image, 123 or likeness if a term of the contract conflicts with a term of 124 the intercollegiate athlete’s team contract. A postsecondary 125 educational institution asserting a conflict under this 126 paragraph must disclose each relevant contract term that 127 conflicts with the team contract to the intercollegiate athlete 128 or her or his representative. 129 (i) An intercollegiate athlete who enters into a contract 130 for compensation for the use of her or his name, image, or 131 likeness shall disclose the contract to the postsecondary 132 educational institution at which she or he is enrolled, in a 133 manner designated by the institution. 134 (j) The duration of a contract for representation of an 135 intercollegiate athlete or compensation for the use of an 136 intercollegiate athlete’s name, image, or likeness may not 137 extend beyond her or his participation in an athletic program at 138 a postsecondary educational institution. 139 (k) A postsecondary institution shall conduct a financial 140 literacy and life skills workshop for a minimum of 5 hours at 141 the beginning of the intercollegiate athlete’s first and third 142 academic years. The workshop shall, at a minimum, include 143 information concerning financial aid, debt management, and a 144 recommended budget for full and partial grant-in-aid 145 intercollegiate athletes based on the current academic year’s 146 cost of attendance. The workshop shall also include information 147 on time management skills necessary for success as an 148 intercollegiate athlete and available academic resources. The 149 workshop may not include any marketing, advertising, referral, 150 or solicitation by providers of financial products or services. 151 (3) REGULATIONS AND RULES.—The Board of Governors and the 152 State Board of Education shall adopt regulations and rules, 153 respectively, to implement this section. 154 Section 2. Subsections (8) and (9) are added to section 155 468.453, Florida Statutes, to read: 156 468.453 Licensure required; qualifications; license 157 nontransferable; service of process; temporary license; license 158 or application from another state.— 159 (8) Notwithstanding subsection (3), a person must hold a 160 valid license as an athlete agent to act as an athlete agent 161 representing an intercollegiate athlete for purposes of 162 contracts authorized under s. 1006.74. 163 (9) Notwithstanding athletic conference or collegiate 164 athletic association rules, bylaws, regulations, and policies to 165 the contrary, an athlete agent may represent an intercollegiate 166 athlete in securing compensation for the use of her or his name, 167 image, or likeness under s. 1006.74. 168 Section 3. This act shall take effect July 1, 2021.