To align the rule with changes made regarding intercollegiate student athlete compensation and rights in House Bill 7-B (2023), including the removal of restrictions and the addition of financial literacy enhancements.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-14.0582Florida College System Intercollegiate Student-Athlete Compensation and Rights

PURPOSE AND EFFECT: To align the rule with changes made regarding intercollegiate student athlete compensation and rights in House Bill 7-B (2023), including the removal of restrictions and the addition of financial literacy enhancements.

SUMMARY: Amendments to the rule language clarify the removal of restrictions and requirements related to a student athlete’s rights to compensation.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are anticipated as a result of the rule changes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02(2)(n), 1006.74(4), F.S.

LAW IMPLEMENTED: 1006.74, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: August 23, 2023, 9:00 a.m.

PLACE: Collier County School Board Office 5775 Osceola Trail, Naples, FL 34109.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Shanna Autry, Ed.D., Director of Student Affairs, Division of Florida Colleges, [e-mail] or 850-245-9488

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-14.0582 Florida College System Intercollegiate Student-Athletes Compensation and Rights.

Each student athlete participating in an intercollegiate athletics program at a Florida College System institution may earn compensation for the use of their name, image, or likeness (NIL) as provided in Section 1006.74, F.S.

(1) Student athlete compensation and rights. Each student athlete participating in an intercollegiate athletics program at a Florida College System institution may earn compensation for the use of their name, image, or likeness (NIL) as provided in Section 1006.74, F.S. Intercollegiate student athletes at Florida College System institutions:

(a) May earn compensation for the use of their NIL if the compensation is provided by a third party unaffiliated with the athlete’s postsecondary educational institution. Compensation may not extend beyond the students’ participation in the intercollegiate athletics program;

(b) Who are under the age of 18 must have any contract for compensation for the use of their NIL approved pursuant to Sections 743.08 and 743.09, F.S.;

(c) Who enter into a contract for compensation for their NIL must adhere to Section 1006.74(2), F.S.;

(d) May not enter into a contract for compensation for their NIL if the contract conflicts with a clause found in the student athlete’s team contract; and

(e) Must notify their postsecondary educational institution of a contract for compensation for their NIL, in a manner designated by the postsecondary educational institution.

(2) Florida College System institution responsibilities. Each Florida College System institution with intercollegiate athletics programs:

(a) May not prevent or restrict an intercollegiate athlete from earning compensation for their NIL. This compensation may not affect the athlete’s grant-in-aid or athletic eligibility;

(b) May not compensate or cause compensation to be directed to any prospective or current intercollegiate athlete for the use of their NIL. This requirement extends to organizations that support the postsecondary institution, its athletics programs, officers, directors, or employees of said organizations;

(c) May not prevent or restrict an intercollegiate athlete from obtaining professional representation for the purpose of securing compensation for the use of their NIL. Athletic agents must be licensed pursuant to Part IX, Chapter 468 of F.S., and attorneys must be in good standing with the Florida Bar;

(a) (d) Each Florida College System institution with intercollegiate athletics programs must Shall, in the process of recruiting student athletes and signing letters of intent, agreements, and contracts, post or make available the requirements as specified in Section 1006.74, F.S.; and

(b) (e) Each Florida College System institution with intercollegiate athletics programs may Shall adopt policies or procedures consistent with Section 1006.74, F.S., and this Rule regarding student athlete compensation. Minimally, the policies or procedures must include the process student athletes must follow to notify the institution of a contract for compensation for their NIL.

(c) A Florida College System institution or an employee of such institution, including an athletic coach, is not liable for any damages to an intercollegiate athlete's ability to earn compensation for the use of her or his name, image, or likeness resulting from decisions and actions routinely taken in the course of intercollegiate athletics.

(2) (3) Financial literacy, and life skills, and entrepreneurship workshops. Each Florida College System institution with intercollegiate athletics programs must shall conduct at least two (2) financial literacy, and life skills, and entrepreneurship workshops, each for a minimum of five (5) hours before the graduation of an intercollegiate athlete at the beginning of student athletes’ first and third academic years pursuant to Section 1006.74, F.S. The workshops may not be identical, and the second workshop must include more rigorous instruction. The workshops may not be conducted in the same semester. All student athletes, including those who are not receiving compensation for their NIL, are required to complete the workshops. Institutions may utilize new or existing curriculum incorporating the required topics, and the instruction may be delivered through student life skills and related courses, orientation sessions, learning management systems or other technology solutions, workshops, or other appropriate means. 

Rulemaking Authority 1001.02(2)(n), 1006.74 FS. Law Implemented 1006.74 FS. History‒New 7-14-21, Amended

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Shanna Autry, Ed.D., Director of Student Affairs, Division of Florida Colleges.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 24, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 7, 2023