Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 200
Ì103246ÊÎ103246
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/09/2023 .
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The Committee on Education Postsecondary (Hutson) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (8) and (9) of section 468.453,
6 Florida Statutes, are amended to read:
7 468.453 Licensure required; qualifications; license
8 nontransferable; service of process; temporary license; license
9 or application from another state.—
10 (8) Notwithstanding subsection (3), a person must hold a
11 valid license as an athlete agent to act as an athlete agent
12 representing an intercollegiate athlete for purposes of
13 contracts that allow an intercollegiate athlete to profit from
14 the commercial use of her or his name, image, or likeness and to
15 be protected from unauthorized appropriation and commercial
16 exploitation of her or his right to publicity, including her or
17 his name, image, or likeness authorized under s. 1006.74.
18 (9) Notwithstanding athletic conference or collegiate
19 athletic association rules, bylaws, regulations, and policies to
20 the contrary, an athlete agent may represent an intercollegiate
21 athlete in securing compensation for the use of her or his name,
22 image, or likeness under s. 1006.74.
23 Section 2. Section 1006.74, Florida Statutes, is amended to
24 read:
25 1006.74 Intercollegiate athlete compensation and rights.
26 The Legislature finds that intercollegiate athletics provide
27 intercollegiate athletes with significant educational
28 opportunities. However, participation in intercollegiate
29 athletics should not infringe upon an intercollegiate athlete’s
30 ability to earn compensation for her or his name, image, or
31 likeness. An intercollegiate athlete must have an equal
32 opportunity to control and profit from the commercial use of her
33 or his name, image, or likeness, and be protected from
34 unauthorized appropriation and commercial exploitation of her or
35 his right to publicity, including her or his name, image, or
36 likeness.
37 (1) For the purpose of DEFINITIONS.—As used in this
38 section, the term:
39 (a) “Athletic program” means an intercollegiate athletic
40 program at a postsecondary educational institution.
41 (b) “Intercollegiate athlete” means a student who
42 participates in an athletic program.
43 (c) “Postsecondary educational institution” means a state
44 university, a Florida College System institution, or a private
45 college or university receiving aid under chapter 1009.
46 (2) INTERCOLLEGIATE ATHLETE COMPENSATION AND RIGHTS AND
47 POSTSECONDARY EDUCATIONAL INSTITUTION RESPONSIBILITIES.—
48 (a) An intercollegiate athlete at a postsecondary
49 educational institution may earn compensation for the use of her
50 or his name, image, or likeness. Such compensation must be
51 commensurate with the market value of the authorized use of the
52 athlete’s name, image, or likeness. To preserve the integrity,
53 quality, character, and amateur nature of intercollegiate
54 athletics and to maintain a clear separation between amateur
55 intercollegiate athletics and professional sports, such
56 compensation may not be provided in exchange for athletic
57 performance or attendance at a particular institution and may
58 only be provided by a third party unaffiliated with the
59 intercollegiate athlete’s postsecondary educational institution.
60 (b) A postsecondary educational institution may not adopt
61 or maintain a contract, rule, regulation, standard, or other
62 requirement that prevents or unduly restricts an intercollegiate
63 athlete from earning compensation for the use of her or his
64 name, image, or likeness. Earning such compensation may not
65 affect the intercollegiate athlete’s grant-in-aid or athletic
66 eligibility.
67 (c) A postsecondary educational institution; an entity
68 whose purpose includes supporting or benefiting the institution
69 or its athletic programs; or an officer, director, or employee
70 of such institution or entity may not compensate or cause
71 compensation to be directed to a current or prospective
72 intercollegiate athlete for her or his name, image, or likeness.
73 (d) A postsecondary educational institution may not prevent
74 or unduly restrict an intercollegiate athlete from obtaining
75 professional representation by an athlete agent or attorney
76 engaged for the purpose of securing compensation for the use of
77 her or his name, image, or likeness. Pursuant to s. 468.453(8),
78 an athlete agent representing an intercollegiate athlete for
79 purposes of securing compensation for the use of her or his
80 name, image, or likeness must be licensed under part IX of
81 chapter 468. An attorney representing an intercollegiate athlete
82 for purposes of securing compensation for the use of her or his
83 name, image, or likeness must be a member in good standing of
84 The Florida Bar.
85 (e) A grant-in-aid, including cost of attendance, awarded
86 to an intercollegiate athlete by a postsecondary educational
87 institution is not compensation for the purposes of this
88 subsection and may not be revoked or reduced as a result of an
89 intercollegiate athlete earning compensation or obtaining
90 professional representation under this subsection.
91 (f) An intercollegiate athlete under 18 years of age must
92 have any contract for compensation for the use of her or his
93 name, image, or likeness approved under ss. 743.08 and 743.09.
94 (g) An intercollegiate athlete’s contract for compensation
95 for the use of her or his name, image, or likeness may not
96 violate this subsection.
97 (h) An intercollegiate athlete may not enter into a
98 contract for compensation for the use of her or his name, image,
99 or likeness if a term of the contract conflicts with a term of
100 the intercollegiate athlete’s team contract. A postsecondary
101 educational institution asserting a conflict under this
102 paragraph must disclose each relevant contract term that
103 conflicts with the team contract to the intercollegiate athlete
104 or her or his representative.
105 (i) An intercollegiate athlete who enters into a contract
106 for compensation for the use of her or his name, image, or
107 likeness shall disclose the contract to the postsecondary
108 educational institution at which she or he is enrolled, in a
109 manner designated by the institution.
110 (j) The duration of a contract for representation of an
111 intercollegiate athlete or compensation for the use of an
112 intercollegiate athlete’s name, image, or likeness may not
113 extend beyond her or his participation in an athletic program at
114 a postsecondary educational institution.
115 (k) A postsecondary educational institution must shall
116 conduct at least two a financial literacy, and life skills, and
117 entrepreneurship workshops, each workshop for a minimum of 5
118 hours, before the graduation of an intercollegiate athlete at
119 the beginning of the intercollegiate athlete’s first and third
120 academic years. The workshops may not be identical, and the
121 second workshop must include more rigorous instruction. The
122 workshops may not be conducted in the same semester. Each The
123 workshop must shall, at a minimum, include information
124 concerning entrepreneurship, financial aid, debt management, and
125 a recommended budget for full and partial grant-in-aid
126 intercollegiate athletes based on the current academic year’s
127 cost of attendance. Each The workshop must shall also include
128 information on time management skills necessary for success as
129 an intercollegiate athlete and available academic resources.
130 Each The workshop may not include any marketing, advertising,
131 referral, or solicitation by providers of financial products or
132 services.
133 (3) A postsecondary educational institution or an employee
134 of such institution, including an athletic coach, is not liable
135 for any damages to an intercollegiate athlete’s ability to earn
136 compensation for the use of her or his name, image, or likeness
137 resulting from decisions and actions routinely taken in the
138 course of intercollegiate athletics.
139 (4) REGULATIONS AND RULES.—The Board of Governors and the
140 State Board of Education shall adopt regulations and rules,
141 respectively, to implement this section.
142 Section 3. This act shall take effect upon becoming a law.
143 ================= T I T L E A M E N D M E N T ================
144 And the title is amended as follows:
145 Delete everything before the enacting clause
146 and insert:
147 A bill to be entitled
148 An act relating to intercollegiate athlete
149 compensation and rights; amending s. 468.453, F.S.;
150 revising requirements for athlete agents representing
151 intercollegiate athletes for certain purposes;
152 conforming provisions to changes made by the act;
153 amending s. 1006.74, F.S.; deleting definitions;
154 deleting requirements regarding the compensation that
155 intercollegiate athletes may receive; deleting certain
156 requirements for postsecondary educational
157 institutions whose intercollegiate athletes seek to
158 earn compensation or to have professional
159 representation; requiring a postsecondary educational
160 institution to conduct at least two financial
161 literacy, life skills, and entrepreneurship workshops
162 under certain conditions; making technical changes;
163 providing that postsecondary educational institutions
164 and specified individuals are not liable for damages
165 under certain circumstances; providing an effective
166 date.