Florida NIL Legislation Reform Takes Steps Toward Governor Approval

In early January 2023, Representative Chip LaMarca filed House Bill 99 with the hopes of leveling the NIL playing field in Florida. Many changes in NIL law throughout the country have shown a clear shift in the landscape itself and suggested that states were repealing and suspending their NIL policies with the thought to abide by the NCAA interim NIL policy instead.

The proposed legislation would change Florida law and allow coaches and schools to facilitate NIL deals for their athletes, as well as a change  the provision that requires partnerships to be “commensurate with the market value,” allowing for more freedom in deciding what deals to make and take for the athletes. This comes on the heels of the New Mexico Senate introducing Senate Bill 219 in January 2023 which, if passed, would amend the current state law by removing the prohibition that prevents colleges and universities from being involved in the arrangement of NIL deals in the form of 3^rd party compensation. The bill would also allow the inducement of athletes through the use of NIL deals.

Currently House Bill 99 has been put on pause and House Bill 7B has been introduced on the fast track in the NIL space. The revisions proposed to House Bill 7B, which is called the Intercollegiate Athlete Compensation and Rights Act, have passed with a 113-0 vote. If the Bill passes the Senate, it could reach Gov. DeSantis’s desk by Monday February 13th, or even as early as Friday February 10^th.

LaMarca remains firm in the thought that Florida cannot get mixed up in the allowance of athletic departments into the inducement of athletes to go to their school by promising or obtaining NIL deals, which is a direct violation of NCAA policies.

The NIL space, though allowing for athletes to earn money for their name, image, and likeness, also comes with some risks. A huge fear of some proponents of House Bill is that without the education on the free market these athletes are entering, they may be at a significant disadvantage, causing NIL opportunities to turn into burdens. In order to avoid this, if this bill passes, other revisions will include the addition of a focus on financial literacy training for the athletes as well.

The name, image, and likeness space in Florida is rapidly changing, bringing to light what could be a new era of NIL in the state.