PCB WTS 20-01 (2020): An Act Relating to Intercollegiate Athlete (Compensation and Rights) — Florida House of Representatives
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- Congressional materials
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- 2020 3015 Workforce Development Tourism Subcommittee Proposed Committee Bills Pcbs Fn Pcb
Summary
Proposed Committee Bill PCB WTS 20-01, a Florida House of Representatives bill on intercollegiate athlete compensation and rights for the 2020 session. It creates section 1006.72, Florida Statutes, authorizing intercollegiate athletes to earn compensation for their names, images, likenesses and personas from third parties unaffiliated with their institution, and bars postsecondary educational institutions from paying for those rights or unduly restricting representation by a licensed athlete agent or attorney. It requires institutions to maintain health and disability insurance, specifying at least $400 per month for the first 12 months of total disability, $2,700 per month thereafter and a death benefit of at least $25,000, and to provide continued grant-in-aid and a workshop of at least 5 hours. It amends section 468.453 and takes effect July 1, 2020.
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Cite this document
“PCB WTS 20-01 (2020): An Act Relating to Intercollegiate Athlete (Compensation and Rights) — Florida House of Representatives.”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-3015-workforce-development-tourism-subcommittee-proposed-committee-bills-pcbs-fn-pcb-wts-20-01/
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1 A bill to be entitled
2 An act relating to intercollegiate athlete
3 compensation and rights; creating s. 1006.72, F.S.;
4 providing legislative findings; providing definitions;
5 authorizing certain intercollegiate athletes to earn
6 compensation for their names, images, likenesses, and
7 personas; providing requirements for such
8 compensation; prohibiting postsecondary educational
9 institutions from adopting or maintaining rules,
10 regulations, standards, or other requirements that
11 prevents or unduly restricts intercollegiate athletes
12 from earning specified compensation; providing that
13 certain compensation does not affect certain
14 intercollegiate athlete eligibility; prohibiting a
15 postsecondary educational institution from
16 compensating intercollegiate athletes or prospective
17 intercollegiate athletes for their names, images,
18 likenesses, or personas; prohibiting a postsecondary
19 educational institution from preventing or unduly
20 restricting intercollegiate athletes from obtaining
21 specified representation; requiring athlete agents and
22 attorneys to meet specified requirements; providing
23 that specified aid for intercollegiate athletes is not
24 considered compensation; prohibiting the revocation of
25 certain aid as a result of intercollegiate athletes
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26 earning certain compensation; providing approval
27 requirements for certain contracts for compensation
28 for intercollegiate athletes who are minors; providing
29 contract requirements; prohibiting intercollegiate
30 athletes from entering into contracts for specified
31 compensation that conflict with terms of her or his
32 team contract; providing intercollegiate athlete
33 contract disclosure requirements; requiring
34 postsecondary educational institutions to maintain
35 certain insurance for intercollegiate athletes;
36 providing requirements for such insurance; requiring
37 postsecondary educational institutions to provide
38 specified grant-in-aid to intercollegiate athletes
39 under certain circumstances and provide a specified
40 workshop; providing requirements for such grant-in-aid
41 and workshop; providing applicability; prohibiting the
42 use of state funds for specified purposes; providing
43 requirements for reporting certain injuries and claims
44 for benefits related to certain injuries; providing
45 requirements for certain disability compensation
46 benefits; prohibiting a postsecondary educational
47 institution from membership in specified associations,
48 conferences, or organizations; requiring the Board of
49 Governors and the State Board of Education to adopt
50 regulations and rules, respectively; amending s.
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51 468.453, F.S.; providing requirements for certain
52 athlete agents; providing an effective date.
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. Section 1006.72, Florida Statutes, is created
57 to read:
58 1006.72 Intercollegiate athlete compensation and rights.—
59 The Legislature finds that intercollegiate athletics provide
60 intercollegiate athletes with significant educational
61 opportunities. However, participation in intercollegiate
62 athletics should not infringe upon an intercollegiate athlete's
63 ability to earn compensation for her or his name, image,
64 likeness, or persona. An intercollegiate athlete must have an
65 equal opportunity to control and profit from the commercial use
66 of her or his name, image, likeness, and persona and be
67 protected from unauthorized appropriation and commercial
68 exploitation of her or his right to publicity, including her or
69 his name, image, likeness, and persona. Moreover, an
70 intercollegiate athlete's inability to participate in
71 intercollegiate athletics due to an injury should not impair her
72 or his future health or academic success.
73 (1) DEFINITIONS.—As used in this section, the term:
74 (a) "Athletic program" means an intercollegiate athletic
75 program at a postsecondary educational institution.
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76 (b) "Disability insurance" means insurance covering
77 disability compensation benefits for an intercollegiate athlete
78 participating in an athletic program.
79 (c) "Health insurance" means primary health insurance
80 covering injuries resulting from the intercollegiate athlete's
81 participation in an athletic program that provides for all
82 medically necessary treatment and care until the intercollegiate
83 athlete is restored to her or his condition before the injury.
84 (d) "Injury" means an injury sustained by an
85 intercollegiate athlete while participating in an athletic
86 program's activities.
87 (e) "Insurance" means health insurance and disability
88 insurance.
89 (f) "Intercollegiate athlete" means a student who
90 participates in an athletic program. The term includes a former
91 intercollegiate athlete who suffered an injury.
92 (g) "Partial disability" means the intercollegiate
93 athlete's incapacity because of the injury to earn full-time
94 wages.
95 (h) "Physician" means a physician licensed under chapter
96 458, an osteopathic physician licensed under chapter 459, a
97 podiatric physician licensed under chapter 461, or an
98 optometrist licensed under chapter 463.
99 (i) "Postsecondary educational institution" means a state
100 university, a Florida College System institution, or a private
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101 college or university receiving aid under chapter 1009.
102 (j) "Total disability" means an intercollegiate athlete's
103 inability to earn wages because of an injury.
104 (2) INTERCOLLEGIATE ATHLETES' COMPENSATION AND RIGHTS AND
105 POSTSECONDARY EDUCATIONAL INSTITUTIONS RESPONSIBILITIES.—
106 (a) An intercollegiate athlete at a postsecondary
107 educational institution may earn compensation for her or his
108 name, image, likeness, or persona, as long as the compensation
109 is commensurate with the market value of the services provided.
110 To preserve the integrity, quality, character, and amateur
111 nature of intercollegiate athletics and to maintain a clear
112 separation between amateur intercollegiate athletics and
113 professional sports, such compensation may not be provided in
114 exchange for athletic performance or attendance at a particular
115 institution and may only be provided by a third party
116 unaffiliated with the intercollegiate athlete's postsecondary
117 educational institution.
118 (b) A postsecondary educational institution may not adopt
119 or maintain a contract, rule, regulation, standard, or other
120 requirement that prevents or unduly restricts an intercollegiate
121 athlete from earning compensation for the use of her or his
122 name, image, likeness, or persona. Earning such compensation may
123 not affect the intercollegiate athlete's grant-in-aid or
124 athletic eligibility.
125 (c) A postsecondary educational institution may not
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126 compensate a current or prospective intercollegiate athlete for
127 her or his name, image, likeness, or persona.
128 (d) A postsecondary educational institution may not
129 prevent or unduly restrict an intercollegiate athlete from
130 obtaining professional representation by an athlete agent or
131 attorney engaged for the purpose of securing compensation for
132 her or his name, image, likeness, or persona. Pursuant to s.
133 468.453(8), an athlete agent representing an intercollegiate
134 athlete for purposes of securing compensation for her or his
135 name, image, likeness, or persona must be licensed under part IX
136 of chapter 468. An attorney representing an intercollegiate
137 athlete for purposes of securing compensation for her or his
138 name, image, likeness, or persona must be a member in good
139 standing of The Florida Bar.
140 (e) Grant-in-aid, including cost of attendance, awarded to
141 an intercollegiate athlete by a postsecondary educational
142 institution is not compensation for the purposes of this
143 subsection, and may not be revoked or reduced as a result of an
144 intercollegiate athlete earning compensation or obtaining
145 professional representation under this subsection.
146 (f) An intercollegiate athlete under the age of 18 years
147 must have any contract for compensation for her or his name,
148 image, likeness, or persona approved under ss. 743.08 and
149 743.09.
150 (g) An intercollegiate athlete's contract for compensation
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151 for her or his name, image, likeness, or persona may not violate
152 this subsection.
153 (h) An intercollegiate athlete may not enter into a
154 contract for compensation for her or his name, image, likeness,
155 or persona if a term of the contract conflicts with a term of
156 the intercollegiate athlete's team contract. A postsecondary
157 educational institution asserting a conflict under this
158 paragraph must disclose each relevant contract term that
159 conflicts with the team contract to the intercollegiate athlete
160 or her or his representative.
161 (i) An intercollegiate athlete who enters into a contract
162 for compensation for her or his name, image, likeness, or
163 persona shall disclose the contract to the postsecondary
164 educational institution at which she or he is enrolled, in a
165 manner designated by the institution.
166 (j) The duration of a contract for representation of an
167 intercollegiate athlete or compensation of an intercollegiate
168 athlete's name, image, likeness, or persona may not extend
169 beyond her or his participation in an athletic program at a
170 postsecondary educational institution.
171 (k) Each postsecondary educational institution shall:
172 1.a. Maintain for each intercollegiate athlete health
173 insurance and disability insurance that meets the requirements
174 of sub-subparagraphs c. and d., respectively, by:
175 I. Verifying that the intercollegiate athlete is provided
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176 the benefits required by this section by her or his own
177 insurance or insurance provided by an immediate family member;
178 II. Providing insurance covering the intercollegiate
179 athlete;
180 III. Participating in an insurance program, which provides
181 at least the benefits required by this section, offered by an
182 intercollegiate athletics sanctioning body or intercollegiate
183 athletics association of which the postsecondary educational
184 institution is a member; or
185 IV. Any combination of sub-sub-subparagraphs I.-III.
186 b. If the intercollegiate athlete's insurance under sub-
187 sub-subparagraph I. lapses or does not provide the required
188 medical benefits, the postsecondary educational institution must
189 provide coverage under sub-sub-subparagraph II. or sub-sub-
190 subparagraph III., or a combination thereof, beginning with the
191 first dollar of a claim. If coverage is secured under sub-sub-
192 subparagraph I., any deductible, copay, or coinsurance amounts
193 must be paid by the postsecondary educational institution. If
194 coverage is secured under sub-sub-subparagraph II. or sub-sub-
195 subparagraph III., or a combination thereof, the entire premium
196 and any deductible, copay, or coinsurance amounts must be paid
197 by the postsecondary educational institution.
198 c. Health insurance under sub-subparagraph a. must include
199 dental benefits for dental conditions related to the injury,
200 medically necessary emergency and nonemergency medical
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201 transportation, professional and nonprofessional attendant care,
202 prosthetics, orthotics, durable medical equipment, and medically
203 necessary physical rehabilitation and vocational rehabilitation
204 benefits.
205 d. Disability insurance under sub-subparagraphs a. must
206 provide at least $400 per month for the first 12 months of total
207 disability and $2,700 per month for each month of total
208 disability beyond the first 12 months of total disability; at
209 least $270 per month for the first 12 months of partial
210 disability and $1,800 per month for each month of partial
211 disability beyond the first 12 months of partial disability; and
212 a death benefit of at least $25,000.
213 2. Provide an intercollegiate athlete who was receiving
214 athletic related grant-in-aid and is in good standing, an
215 equivalent grant-in-aid for:
216 a. Up to one academic year or until the intercollegiate
217 athlete completes her or his primary undergraduate degree,
218 whichever is shorter, if the intercollegiate athlete has
219 exhausted athletic eligibility.
220 b. Up to five academic years or until the intercollegiate
221 athlete completes her or his primary undergraduate degree,
222 whichever is shorter, if the intercollegiate athlete suffered an
223 injury, and an independent physician with a specialty
224 appropriate to each applicable injury determines that she or he
225 is medically ineligible to participate in intercollegiate
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226 athletics.
227 3. Conduct a financial literacy and life skills workshop
228 for a minimum of 5 hours at the beginning of the intercollegiate
229 athlete's first and third academic years. The workshop shall, at
230 a minimum, include information concerning financial aid, debt
231 management, and a recommended budget for full and partial grant-
232 in-aid intercollegiate athletes based on the current academic
233 year's cost of attendance. The workshop shall also include
234 information on time management skills necessary for success as
235 an intercollegiate athlete and available academic resources.
236 (3) LIMITATIONS.–
237 (a) This section does not require the medical treatment of
238 a preexisting medical condition except to the extent that the
239 preexisting medical condition is aggravated by the injury or
240 treatment of the preexisting medical condition is medically
241 necessary to the treatment of the injury.
242 (b) State funds may not be used to comply with the
243 requirements of this section.
244 (c) An injury must be reported by the earlier of the 30th
245 day after occurrence of the injury, the 30th day after the
246 intercollegiate athlete knew or should have known that an injury
247 existed, or 2 years after the intercollegiate athlete separates
248 from the postsecondary educational institution.
249 (d) An intercollegiate athlete's claim for benefits
250 related to an injury is barred after 2 years after the report of
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251 injury or 2 years after provision of compensable medical
252 treatment, whichever is later.
253 (e) For a former intercollegiate athlete receiving
254 disability compensation benefits under this section who is
255 earning wages while receiving such benefits or is determined by
256 a functional capacity expert to be capable of earning wages,
257 beginning 12 months after the date of the injury, the benefit
258 shall be reduced by an amount equal to one half of the former
259 intercollegiate athlete's after tax earnings in excess of the
260 base amount. The base amount shall be $1,000 for the first 12
261 months the reduction provided by this paragraph is applied and
262 shall increase by 2.5 percent annually thereafter. If the former
263 intercollegiate athlete is determined by a functional capacity
264 expert to have a wage earning capacity, but is not earning
265 wages, the disability compensation benefit shall be reduced by
266 one-half for any period more than 12 months after the date of
267 the injury that the former intercollegiate athlete is not
268 earning wages, unless the former intercollegiate athlete
269 documents her or his employment search, which must include at
270 least four employment applications submitted monthly.
271 (4) PROHIBITION OF MEMBERSHIP.—A postsecondary educational
272 institution may not be a member of any association, conference,
273 or organization that requires its members to comply with bylaws,
274 regulations, or policies that are inconsistent with this
275 section.
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276 (5) REGULATIONS AND RULES.—The Board of Governors and the
277 State Board of Education shall adopt regulations and rules,
278 respectively, to implement this section.
279 Section 2. Subsections (8) and (9) are added to section
280 468.453, Florida Statutes, to read:
281 468.453 Licensure required; qualifications; license
282 nontransferable; service of process; temporary license; license
283 or application from another state.—
284 (8) Notwithstanding subsection (3), a person must hold a
285 valid license as an athlete agent to act as an athlete agent
286 representing an intercollegiate athlete for purposes of
287 contracts authorized under s. 1006.72.
288 (9) Notwithstanding athletic conference or collegiate
289 athletic association rules, bylaws, regulations, and policies to
290 the contrary, an athlete agent may represent an intercollegiate
291 athlete in securing compensation for use of her or his name,
292 image, likeness, and persona under s. 1006.72.
293 Section 3. This act shall take effect July 1, 2020.
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