Postsecondary Education & Workforce Subcommittee Meeting Packet, January 17, 2023

Summary

A meeting packet of the Postsecondary Education & Workforce Subcommittee for Tuesday, January 17, 2023, at 2:00 PM in Morris Hall (17 HOB), listing Lauren Melo as Chair and Paul Renner as Speaker. The committee meeting notice lists consideration of HB 99, Intercollegiate Athlete Compensation and Rights, by LaMarca. The staff analysis states that the bill removes the prohibition on institutions causing compensation to be directed to student athletes and removes the requirement that name, image & likeness (NIL) compensation come from a third party unaffiliated with the institution. It states that the bill retains the prohibition on direct compensation from the institution to current or prospective student athletes and takes effect upon becoming a law.

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“Postsecondary Education & Workforce Subcommittee Meeting Packet, January 17, 2023.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-01-17-3247-postsecondary-education-workforce-subcommittee-meeting-ec15bbd217/, SHA-256 41d4e56b5bf4c1d4daf6f612cae69d4d29f838ad165916feeda7ea5223a22102.

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Postsecondary Education &
Workforce Subcommittee
January 17, 2023
2:00 PM
Morris Hall (17 HOB)

Meeting Packet

Paul Renner Lauren Melo
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES

Postsecondary Education & Workforce Subcommittee

Start Date and Time: Tuesday, January 17, 2023 02:00 pm

End Date and Time: Tuesday, January 17, 2023 04:00 pm

Location: Morris Hall (17 HOB)
Duration: 2.00 hrs

Consideration of the following bill(s):

HB 99 Intercollegiate Athlete Compensation and Rights by LaMarca

To submit an electronic appearance form, and for information about attending or testifying at a committee
meeting, please see the “Visiting the House” tab at www.myfloridahouse.gov.

NOTICE FINALIZED on 01/10/2023 4:17PM by Jones.Missy

01/10/2023 04:17:32PM Leagis ® Page 1 of 1
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 99 Intercollegiate Athlete Compensation and Rights
SPONSOR(S): LaMarca
TIED BILLS: None. IDEN./SIM. BILLS: None.

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Postsecondary Education & Workforce Wolff Kiner
Subcommittee

2) Commerce Committee

3) Education & Employment Committee

SUMMARY ANALYSIS
Florida was an early leader in allowing intercollegiate student athletes to earn compensation for the use of their
name, image & likeness (NIL). Since that time, over two dozen other states have followed Florida’s lead and
enacted NIL laws of their own. In response to these actions, the National Collegiate Athletic Association
(NCAA) adopted an interim policy allowing intercollegiate athletes to earn NIL compensation without
jeopardizing their amateur status or athletic eligibility.

While Florida’s NIL law has not been updated since its enactment, other states have had the opportunity to
learn and benefit from Florida’s early action. For example, Florida’s NIL law prohibits institutions from causing
NIL compensation to be directed to an intercollegiate athlete. As a result, athletes may not be aware of NIL
opportunities that exist, or if they are aware, are unable to receive information or other support from their
institutions beyond the statutorily required financial literacy and life skills workshop they receive in their first
and third years.

Consequently, several states have since revised their laws by removing this prohibition. In addition, the NCAA
issued new guidance in October 2022 clarifying that institutions may, in fact, have limited involvement in the
NIL process, such as: providing information to student athletes about NIL opportunities of which the institution
has become aware; arranging space for a NIL entity and student athlete to meet on campus or in the
institution’s facilities; or through other specified actions. As a result of these other state actions and newly-
issued NCAA guidance, Florida’s NIL law is currently more restrictive than the NCAA.

To assist student athletes in maximizing their NIL opportunities, the bill:
 Removes the prohibition on institutions causing compensation to be directed to student athletes.
 Removes the requirement that NIL compensation come from a third party unaffiliated with the
institution.

These proposed changes allow for limited institutional and booster organization involvement and are consistent
with the NCAA’s Interim Policy and associated guidance, as well as NIL laws in several other states. The bill
retains the prohibition on direct compensation from the institution to current or prospective student athletes. In
addition, long-standing NCAA policies prohibiting ‘pay-for-play’ and illegal recruiting inducements remain in
effect.

The bill provides protections to postsecondary educations institutions for the use of their trademarks and logos
and holds them harmless for their limited involvement in the NIL process.

The bill has an indeterminate positive fiscal impact on student athletes at Florida’s postsecondary institutions .

The bill takes effect upon becoming a law.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Background

National Collegiate Athletic Association

The National Collegiate Athletic Association (NCAA) regulates intercollegiate athletic competitions in
various sports across three divisions (Division I, Division II, and Division III). 1 As the governing body for
the majority of intercollegiate athletic programs, the NCAA provides that its basic purpose is to
“maintain intercollegiate athletics as an integral part of the educational program and the athlete as an
integral part of the student body and, by so doing, retain a clear line of demarcation between
intercollegiate athletics and professional sports.” 2

The NCAA issues and enforces rules governing athletic competitions among its member schools.
The rules are developed by a member-led governance system in which members introduce and vote on
proposed rules. The rules for student-athletes vary by division.

Student-athletes are allowed to receive scholarships, or "grants-in-aid," which may cover tuition and
fees, room and board, required course-related books, food, and cash stipends to help defray the actual
cost of attending school.

The NCAA and member colleges and universities award nearly $3.6 billion in athletic scholarships
every year to more than 180,000 student-athletes.3 According to the NCAA, they also provide almost
$100 million each year to support student-athletes’ academic pursuits and assist them with the basic
needs of college life, such as a computer, clothing or emergency travel expenses. 4

Florida Intercollegiate Athletic Programs

In Florida, 13 schools participate in NCAA Division I athletics, of which seven compete in the Football
Bowl Subdivision, three compete in the Football Championship Subdivision, and three do not field
football teams. There are 14 NCAA Division II athletic programs located in the state, and no NCAA
Division III athletic programs. Additionally, Florida is home to 26 institutions participating in the National
Junior College Athletic Association (NJCAA), nine institutions participating in the National Association
of Intercollegiate Athletics (NAIA), and six institutions participating in the National Christian College
Athletic Association (NCCAA).

Intercollegiate Athletics Revenue and Expenses

NCAA Revenues and Expenses

College athletics, particularly football and basketball, is big business. The games associated with the
College Football Playoff paid out a combined $549 million to athletic conferences and schools in 2018-
2019.5 ESPN will reportedly pay approximately $7.3 billion to televise the games associated with the

1 Division I is further subdivided in to the Football Bowl Subdivision (FBS),Football Championship Subdivision (FCS), and Division
I Subdivision.
2 NCAA Constitution Art. I, s. A, available at https://web3.ncaa.org/lsdbi/reports/getReport/90008.
3 NCAA, Scholarships, https://www.ncaa.org/sports/2014/10/6/scholarships.aspx (last visited Dec. 28, 2022).
4 See NCAA, 2023 Division I Revenue Distribution Plan, available at

https://ncaaorg.s3.amazonaws.com/ncaa/finance/d1/2023D1Fin_RevenueDistributionPlan.pdf.
5 Brent Schrotenboer, College Football Playoff Business is Booming at Halfway Point, but Expansion Looms , USA Today, Jan. 9,

2020, available at https://www.usatoday.com/story/sports/ncaaf/2020/01/09/college-football-playoff-financial-success-expansion-
future/2838495001/ (last visited Jan. 9, 2023).
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College Football Playoff over the twelve-year period.6 The NCAA’s current eight-year television contract
with CBS and Turner Sports for the NCAA’s men’s March Madness basketball tournament is reportedly
worth $8.8 billion. For the year ending August 31, 2021, the NCAA reported revenue of $1.15 billion
and expenses of $1.03 billion.7 The vast majority of revenues were received from television and
marketing rights fees ($915 million) while $613 million was distributed to Division I member institutions. 8

Division I Revenue and Expenses

In 2020-2021, 350 Division I schools reported a total revenue of $13.3 billion through the NCAA
financial reporting system.9 The majority of this revenue was received from institution and government
support (37 percent), media rights (26 percent), and donor contributions and endowments (17
percent).10 However, these same institutions had $13.7 billion in expenses, with the largest expenses
being coach compensation (22 percent), student athletics aid (21 percent), administrative
compensation (18 percent) and facilities (18 percent). 11 Of the 350 institutions that reported financial
data to the NCAA in 2021, only nine FBS and no FCS institutions reported revenue that exceeded
expenses.12

Name, Image, and Likeness

NCAA Interim Policy

Prior to July 1, 2021, the NCAA prohibited intercollegiate athletes from earning compensation for the
use of their name, image, and likeness. In June 2021, the United States Supreme Court (Supreme
Court) upheld a ruling against the NCAA striking down long-standing restrictions on permissible
education-related benefits for student athletes, such as rules that limit scholarships for graduate or
vocational school, payments for academic tutoring, or paid posteligibility internships. 13

In light of the Supreme Court ruling and changes in public sentiment regarding student athlete
compensation, including a number of state laws authorizing student-athlete name, image, and likeness
opportunities, the NCAA adopted an interim policy governing name, image and likeness opportunities
for member institutions.14 The interim policy provides the following regarding college athletes, recruits,
their families and member schools:
 Individuals can engage in NIL activities that are consistent with the law of the state where the
school is located. Colleges and universities may be a resource for state law questions.
 College athletes who attend a school in a state without a NIL law can engage in this type of
activity without violating NCAA rules related to name, image and likeness.
 Individuals can use a professional services provider for NIL activities.
 Student-athletes should report NIL activities consistent with state law or school and conference
requirements to their school.15

6 Id.
7 NCAA, Consolidated Financial Statements August 31, 2021 and 2020 , p.6, available at

https://ncaaorg.s3.amazonaws.com/ncaa/finance/2020-21NCAAFIN_FinancialStatement.pdf.
8 Id.
9 NCAA, Trends in Division I Athletics Financing, p. 13, available at

https://ncaaorg.s3.amazonaws.com/research/Finances/2022RES_DI-RevExp Report_FINA L.pdf.
10 Id. at 14.
11 Id. at 21-22.
12 Id. at 8-9. At least one Division I Subdivision school reported revenue greater than expenses, but the NCAA report does not provide

a specific count. Id. at 10.
13 See NCAA v. Alston, 141 S.Ct. 2141 (2021).
14 NCAA, NCAA adopts interim name, image and likeness policy, https://www.ncaa.org/news/2021/6/30/ncaa-adopts-interim-name-

image-and-likeness-policy.aspx (last visited Dec. 29, 2022).
15 Id.
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In October 2022, the NCAA issued additional guidance seeking to clarify its interim NIL policy.16 The
guidance addressed three main areas of confusion related to the interim policy: 17
 Schools generally can and should provide education to current student-athletes on topics such
as financial literacy, taxes, social media practices and entrepreneurship. Schools also can
provide NIL education to collectives, boosters and prospects. 18
 Schools can inform student-athletes about potential NIL opportunities and can work with a NIL
service provider to administer a "marketplace" that matches student-athletes with those
opportunities, schools cannot engage in negotiations on behalf of a NIL entity or a student-
athlete to secure specific NIL opportunities.
 School personnel (including coaches) can assist a NIL entity with fundraising through
appearances or by providing autographed memorabilia but cannot donate cash directly to those
entities. School staff members also cannot be employed by or have an ownership stake in a NIL
entity.

To aid institutions in understanding the new guidance, the NCAA’s guidance document also included
several other examples of activities that are permissible and activities that are impermissible. 19 The
NCAA stressed that this additional guidance was a clarification of existing policy, but acknowledged
that the guidance may render prior acts by institutions violations of the interim policy. However, the
NCAA directed its enforcement staff to only pursue the most egregious offenses that were “clear
violations” of the interim policy.20

Florida Name, Image, and Likeness Law

Recognizing that intercollegiate athletes have a property right in their name, image, and likeness and
generate significant revenue for their institutions, in 2020, Florida adopted the ‘Intercollegiate Athlete
Bill of Rights’ (Florida NIL Law).

Effective July 1, 2021, Florida’s NIL Law permits intercollegiate athletes at postsecondary educational
institutions to earn compensation for the use of their name, image, or likeness. 21 Such athletes may do
so by, among other things, endorsing products and/or services, making public appearances, signing
autographs, participating in sports camps, or even starting their own businesses. The compensation
provided must be commensurate with the market value of the authorized use of the athlete’s name,
image, or likeness.22 To preserve the integrity, quality, character, and amateur nature of intercollegiate
athletics and to maintain a clear separation between amateur intercollegiate athletics and professional
sports, state law prohibits such compensation from being provided in exchange for athletic performance
or attendance at a particular institution.23 Additionally, the duration of an intercollegiate athlete’s name,
image, or likeness contract may not extend beyond his or her participation in an athletic program at a
postsecondary educational institution.24 An intercollegiate athlete must disclose the contract to her or
his postsecondary educational institution.25

After Florida, several other states enacted name, image, and likeness laws and, as of January 2023, 29
states have adopted NIL laws and five states have proposed NIL laws. 26

16 NCAA, DI board approves clarifications for interim NIL policy, https://www.ncaa.org/news/2022/10/26/media-center-d i-board-

approves-clarifications-for-interim-nil-policy.aspx (last visited Dec. 29, 2022).
17 Id.
18 The board also noted that — when permitted by applicable state laws — schools can and should require student-athletes to report

NIL activities to the athletics department. Id.
19 NCAA, Institutional Involvement in a Student-Athlete’s Name, Image and Likeness Activities, available at

https://ncaaorg.s3.amazonaws.com/ncaa/NIL/D1NIL_InstitutionalInvo lvementNILActiv ities.pdf.
20 Id.
21 Section 1006.74, F.S.
22 Id.
23 Id.
24 Id.
25 Id.
26 See Justia, Laws for College Athlete Name, Image, and Likeness Rights: 50 -State Survey, https://www.justia.com/sports -

law/college-athlete-name-image-and-likeness-rights-50-state-survey/ (last visited Dec. 29, 2022).
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Prohibition on Directing Compensation to Student Athletes

Florida and only six other states prohibit a postsecondary educational institution, as well as its booster
organization, from causing compensation to be directed to a current intercollegiate athlete for the use of
his or her name, image, or likeness.27

However, the prohibition against causing compensation to be directed to a current intercollegiate
athlete has resulted in confusion as to the extent to which a postsecondary educational institution, any
of its staff, or its booster organization, may be involved in the NIL process at all. For example, this
portion of Florida’s NIL law could be interpreted to prohibit athletic department staff from merely
answering questions from a current student athlete regarding the NIL process and/or setting up an
introduction between the current student athlete and a third-party. As a result of the confusion,
institutions and coaches have shied away from discussions surrounding NIL altogether.

The confusion exists in some of the other states that have NIL laws similar to Florida’s. However, in
2022, Louisiana, Mississippi, Missouri, and Tennessee amended their NIL laws to address the
confusion and clarify that institutions are not prohibited from being involved in the NIL process
altogether. Alabama repealed its NIL law entirely. Several other states, such as Arkansas, Georgia,
North Carolina, and Texas have codified NIL laws, but do not have the prohibition. South Carolina’s NIL
law has the prohibition, but its NIL law has been suspended for the 2022-2023 academic year.28

Because the October 2022 guidance from the NCAA clarifies that some institutional involvement in NIL
is permissible, and in some instances, encouraged, Florida’s prohibition on ‘causing compensation to
be directed’ has been interpreted as being more restrictive that what is allowed by the NCAA Interim
Policy.29

Hold Harmless Provisions

As part of their NIL laws, 11 states have enacted hold harmless provisions to provide clarity to
educational institutions and student athletes and to protect educational institutions from unintended
liability arising from the ever-evolving and accelerated proliferation of state NIL laws. These hold
harmless provisions take various forms, including the following:
 Provisions declaring that neither the state’s NIL law, nor a student athlete’s receipt of NIL
compensation should be construed to render the student athlete an employee of the educational
institution.30
 Provisions limiting the liability of educational institutions for any damages a student athlete
might suffer from decisions made in the ordinary course of operating a postsecondary athletics
program.31
 Provisions clarifying that no postsecondary institution is required to identify, create, facilitate,
negotiate or otherwise enable NIL opportunities for athletes. 32

Florida Public Postsecondary Educational Institution Trademarks

The registration and protection of trademarks in Florida is governed by both Florida law and the federal
Trademark Act of 1946, as amended.33 Formal registration of trademarks is not required. However,

27 Section 1006.74(2)(c), F.S.
28 Andy Wittry, University of South Carolina Embraces Suspension of NIL law, On3NIL.com, July 1, 2022, available at
https://www.on3.com/nil/news/south-carolina-gamecocks-facilitate-nil-deals-after-state-law-suspended/ (last visited Jan. 9, 2023).
29 NCAA, DI board approves clarifications for interim NIL policy, https://www.ncaa.org/news/2022/10/26/media-center-d i-board-

approves-clarifications-for-interim-nil-policy.aspx (last visited Dec. 29, 2022).
30 See e.g. TEX. EDUC. CODE A NN. § 51.9246(g)(3).
31 See e.g. 110 ILL . COMP . ST AT . 190/35.
32 See e.g. A RK. CODE A NN. § 4-75-1307(a)(2).
33 See ch. 495, F.S., and 15 U.S.C. 1051, et seq.
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such registration may provide additional protections for the holder of the trademark.34 Florida law
expressly authorizes the Department of Education,35 Florida College System institution Boards of
Trustees,36 and State University System institutions 37 to seek trademarks and take actions to defend
their trademarks.

Effect of Proposed Changes

The bill removes the prohibition on postsecondary educational institutions causing compensation to be
directed to a current or prospective intercollegiate athlete for the use of his or her name, image, or
likeness. The effect of such change will allow postsecondary educational institutions to be more
involved in the NIL process, including by making introductions and helping set up meetings between
student athletes and NIL entities. The change also applies to a postsecondary educational institution’s
booster organization. The bill further clarifies that such involvement is authorized, but not required, of
any postsecondary educational institution or its employees.

The proposed change will not, however, allow a postsecondary educational institution or its booster
organization to directly compensate a current or prospective intercollegiate athlete for the use of their
name, image, or likeness.

The bill provides that a student athlete is not considered an employee of the postsecondary institution
based on their participation in intercollegiate athletics or their receipt of NIL compensation.

The bill protects postsecondary institutions and their staff from liability related to loss of NIL
compensation due to routine decisions taken in the course of intercollegiate athletics.

The bill defines the term “mark” to mean any trademark, service mark, certification mark, or collective
mark entitled to registration under chapter 495 or the Trademark Act of 1946, of a Florida
postsecondary educational institution. The bill requires that any use of such “marks” by a student
athlete in an NIL opportunity must be done with the express written consent of the institution.

B. SECTION DIRECTORY:
Section 1: Amends s. 1006.74, F.S.; defining the term "mark"; deleting a requirement that
compensation to a intercollegiate athlete be provided by certain third parties; authorizing
certain entities and persons to cause compensation to be directed to a current
intercollegiate athlete; prohibiting entities and persons who provide specified services to
a postsecondary educational institution from causing compensation to be directed to a
current or prospective intercollegiate athlete; prohibiting an intercollegiate athlete from
entering into a compensation contract that conflicts with her or his athletic program or
postsecondary educational institution, rather than team, contract; prohibiting certain
parties from using a postsecondary educational institution's mark without written consent
of such institution or its designee; prohibiting intercollegiate athletes from being
considered employees of a postsecondary educational institution under certain
circumstances; providing that postsecondary educational institutions and specified
individuals are not liable for damages under certain circumstances; providing that
postsecondary educational institutions and certain entities and individuals are not
required to take specified actions.

Section 2: Provides an effective date of upon becoming law.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

34 United States Patent and Trademark Office, Why register your trademark?, https://www.uspto.gov/trademarks/basics/why-register-
your-trademark (last visited Jan. 6, 2023).
35 Section 1001.23(4), F.S.
36 Section 1001.726, F.S.
37 Section 1004.23(1), F.S.
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A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill has an indeterminate positive fiscal impact on student athletes at Florida’s post-secondary
institutions due to increased awareness of NIL opportunities that may be available to them.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
None.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
Current law requires the adoption of rules and regulations governing NIL by the SBE and BOG,
respectively, and such rules and regulations will need to be updated to address changes made in the
bill.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.

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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

HB 99 2023

1 A bill to be entitled
2 An act relating to intercollegiate athlete
3 compensation and rights; amending s. 1006.74, F.S.;
4 defining the term "mark"; deleting a requirement that
5 compensation to a intercollegiate athlete be provided
6 by certain third parties; authorizing certain entitie s
7 and persons to cause compensation to be directed to a
8 current intercollegiate athlete; prohibiting entities
9 and persons who provide specified services to a
10 postsecondary educational institution from causing
11 compensation to be directed to a current or
12 prospective intercollegiate athlete; prohibiting an
13 intercollegiate athlete from entering into a
14 compensation contract that conflicts with her or his
15 athletic program or postsecondary educational
16 institution, rather than team, contract; prohibiting
17 certain parties from using a postsecondary educational
18 institution's mark without written consent of such
19 institution or its designee; prohibiting
20 intercollegiate athletes from being considered
21 employees of a postsecondary educational institution
22 under certain circumstances; providing that
23 postsecondary educational institutions and specified
24 individuals are not liable for damages under certain
25 circumstances; providing that postsecondary

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26 educational institutions and certain entities and
27 individuals are not required to take specified
28 actions; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Paragraph (c) of subsection (1) of section
33 1006.74, Florida Statutes, is redesignated as paragraph (d),
34 subsection (3) is renumbered as subsection (6), paragraphs (a),
35 (c), and (h) of subsection (2) are amended, a new paragraph (c)
36 is added to subsection (1), paragraph (l) is added to subsection
37 (2), and a new subsection (3) and subsections (4) and (5) are
38 added to that section, to read:
39 1006.74 Intercollegiate athlete compensation and rights.—
40 The Legislature finds that intercollegiate athletics provide
41 intercollegiate athletes with significant educational
42 opportunities. However, participation in intercollegiate
43 athletics should not infringe upon an intercollegiate athlete's
44 ability to earn compensation for her or his name, image, or
45 likeness. An intercollegiate athlete must have an equal
46 opportunity to control and profit from the commercial use of her
47 or his name, image, or likeness, and be protected from
48 unauthorized appropriation and commercial exploitation of her or
49 his right to publicity, including her or his name, image, or
50 likeness.

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51 (1) DEFINITIONS.—As used in this section, the term:
52 (c) "Mark" means any trademark, service mark,
53 certification mark, or collective mark entitled to registration
54 under chapter 495 or the Trademark Act of 1946, as amended,
55 regardless of whether it is registered, or any other trademark,
56 indicia, logo, uniform, or landmark associated with a
57 postsecondary educational institution.
58 (2) INTERCOLLEGIATE ATHLETE COMPENSATION AND RIGHTS AND
59 POSTSECONDARY EDUCATIONAL INSTITUTION RESPONSIBILITIES. —
60 (a) An intercollegiate athlete at a postsecondary
61 educational institution may earn compensation for t he use of her
62 or his name, image, or likeness. Such compensation must be
63 commensurate with the market value of the authorized use of the
64 athlete's name, image, or likeness. To preserve the integrity,
65 quality, character, and amateur nature of intercollegiat e
66 athletics and to maintain a clear separation between amateur
67 intercollegiate athletics and professional sports, such
68 compensation may not be provided in exchange for athletic
69 performance or attendance at a particular institution and may
70 only be provided by a third party unaffiliated with the
71 intercollegiate athlete's postsecondary educational institution .
72 (c) A postsecondary educational institution; an entity
73 whose purpose includes supporting or benefiting the institution
74 or its athletic programs; or an officer, director, or employee
75 of such institution or entity may not compensate or cause

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76 compensation to be directed to a current or prospective
77 intercollegiate athlete for her or his name, image, or likeness.
78 However, such institution, entity, or officer, director, or
79 employee of such institution or entity may, through an act that
80 does not conflict with any provision of this section, cause
81 compensation to be directed to a current intercollegiate athlete
82 for her or his name, image, or likeness. An entity that, by
83 contract or other agreement with a postsecondary educational
84 institution, provides disclosures, compliance, or educational
85 services under this section for a postsecondary educational
86 institution or an officer, director, or employee of such entity
87 may not cause compensation to be directed to a current or
88 prospective intercollegiate athlete for her or his name, image,
89 or likeness.
90 (h) An intercollegiate athlete may not enter into a
91 contract for compensation for the use of her or his name, image,
92 or likeness if a term of the contract conflicts with a term of
93 the intercollegiate athlete's athletic program or postsecondary
94 educational institution team contract. A postsecondary
95 educational institution asserting a conflict under this
96 paragraph must disclose each relevant contract term that
97 conflicts with the athletic program or postsecondary educational
98 institution team contract to the intercollegiate athlete or her
99 or his representative.
100 (l) Any party in an agreement to compensate an

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101 intercollegiate athlete for the use of her or his name, image,
102 or likeness may not use a postsecondary educational
103 institution's mark without the express written consent of such
104 postsecondary educational institution or the institution's
105 designee.
106 (3) INTERCOLLEGIATE ATHLETE EMPLOYMENT STATUS.—An
107 intercollegiate athlete at a postsecondary educational
108 institution is not considered an employee of the institution
109 based on her or his participation in its athletic programs or
110 compensation earned for the use of her or his name, image, or
111 likeness.
112 (4) LIMITATION OF LIABILITY.—A postsecondary educational
113 institution or an employee of such institution, including an
114 athletic coach, is not liable for any damages to an
115 intercollegiate athlete's ability to earn compensation for the
116 use of her or his name, image, or likeness resulting from
117 decisions and actions routinely taken in the course of
118 intercollegiate athletics.
119 (5) OPPORTUNITIES FOR INTERCOLLEGIATE ATHLETES.—
120 Notwithstanding any other provision of this section, a
121 postsecondary educational institution; an entity whose purpose
122 includes supporting or benefiting the institution or its
123 athletic programs; or an officer, director, or employee of such
124 institution or entity is not required to identify, create,
125 facilitate, negotiate, or otherwise enable opportunities for an

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hb0099-00
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

HB 99 2023

126 intercollegiate athlete to earn compensation for the use of her
127 or his name, image, or likeness.
128 Section 2. This act shall take effect upon becoming a law.

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hb0099-00
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 99 (2023)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Postsecondary Education &
2 Workforce Subcommittee
3 Representative LaMarca offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 100-127 and insert:
7 (k) A postsecondary institution shall conduct a financial
8 literacy, entrepreneurship, and life skills workshop for a
9 minimum of 5 hours during each at the beginning of the
10 intercollegiate athlete's first and third academic years.
11 Beginning with the 2023-2024 academic year, a postsecondary
12 educational institution shall conduct such financial literacy,
13 entrepreneurship, and life skills workshop within 120 days after
14 an intercollegiate athlete transfers to the postsecondary
15 educational institution. The workshop shall, at a minimum,
16 include information concerning entrepreneurship, financial aid,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 99 (2023)
Amendment No. 1

17 debt management, and a recommended budget for full and partial
18 grant-in-aid intercollegiate athletes based on the current
19 academic year's cost of attendance. The workshop shall also
20 include information on time management skills necessary for
21 success as an intercollegiate athlete and available academic
22 resources. The workshop may not include any marketing,
23 advertising, referral, or solicitation by providers of financial
24 products or services.
25 (l) Any party in an agreement to compensate an
26 intercollegiate athlete for the use of her or his name, image,
27 or likeness may not use a postsecondary educational
28 institution's mark without the express written consent of such
29 postsecondary educational institution or the institution's
30 designee.
31 (3) SUPPORT SERVICES FOR INTERCOLLEGIATE ATHLETES.—A
32 postsecondary educational institution may provide contract
33 review, tax preparation, and financial advisor services for all
34 intercollegiate athletes. Any professional providing such
35 services may not charge an intercollegiate athlete any fees or
36 commissions, or require any compensation from such athlete. If
37 the professional is an employee of the postsecondary educational
38 institution, such professional may not be employed by, or have a
39 conflicting contractual relationship with, a third party.
40
41 -----------------------------------------------------
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 99 (2023)
Amendment No. 1

42 T I T L E A M E N D M E N T
43 Remove lines 16-28 and insert:
44 institution, rather than team, contract; requiring institutions
45 to provide a financial literacy, entrepreneurship, and life
46 skills workshop for intercollegiate athletes each academic year;
47 requiring institutions to provide a financial literacy,
48 entrepreneurship, and life skills workshop for intercollegiate
49 athletes that transfer to postsecondary educational
50 institutions; prohibiting certain parties from using a
51 postsecondary educational institution's mark without written
52 consent of such institution or its designee; authorizing public
53 postsecondary institutions to provide specified services to
54 intercollegiate athletes; providing an effective date.

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