Florida's NIL Laws, Rules, and Regulations for College and High School Student-Athletes - Everything You Need To Know
The State of Florida has found itself at the center of some of the biggest name, image and likeness (“NIL”) disputes involving college and high school student-athletes. These disputes have left many people wondering what the laws, rules and regulations are that govern and apply to college and high school student-athletes, as well as, third parties that want to partner with these athletes such as collectives, businesses, and athlete agents. In this article, I dive into everything you need to know about Florida’s NIL laws, rules, and regulations.
History of Florida’s NIL Laws
In June 2020, Governor Ron DeSantis signed a bill that allowed college athletes in Florida to earn compensation for the use of their NIL. This law, however, did not take effect until July 1, 2021, when the National Collegiate Athletic Association (NCAA) adopted interim guidance which allowed college athletes to earn compensation for the use of their NIL without impacting the athlete’s eligibility with the NCAA. Florida’s original version of its NIL law, Fla. § 1006.74, contained several provisions designed to protect student-athletes from commercial exploitation of the use of an athlete’s NIL.
Florida’s Current NIL Laws for College Athletes
In the wake of the NCAA adopting its interim NIL guidance, college athletics completely changed. Initially, the Florida State Legislature intended for Florida’s NIL Statute to protect student athletes from commercial exploitation. States and universities began analyzing their NIL laws, rules, and regulations to ensure that other states and universities across the country were not getting an unfair competitive advantage based solely on the laws of the state in which those universities are located. By 2023, the Florida Legislature revised its original NIL laws. Florida’s revised NIL law notably focused on removing restrictions or protections for student-athletes while ensuring that employees, including athletic coaches, for colleges and universities in Florida were immune from liability for damages to a student athlete’s “ability to earn compensation using her or his name, image, or likeness resulting from decision and actions routinely taken in the course of intercollegiate athletics.” Notably, Florida’s NIL laws no longer prevent college athletes from entering into agreements that conflict with their school’s team contract or extend beyond an athlete’s eligibility to participate in college athletics. Florida’s revised NIL law also removed the requirement for athletes and their representatives to report and disclose contracts to their university - although several universities in Florida still have NIL “Rules and Regulations” that require disclosure of these contracts.
Florida’s Current NIL Rules and Regulations for High School Athletes
Just like college athletics, high school athletics are rapidly changing. In 2024, the Florida High School Athletic Association (FHSAA) changed FHSAA Bylaw 9.9, which governs amateurism, and now, NIL for Florida high school student athletes. Now, Florida high school student-athletes have the opportunity to profit from the use of their NIL without impacting their high school athletic eligibility. Specifically, high school student athletes in Florida are allowed to use their NIL for: commercial endorsements; promotional activities; social media presence; or product or service endorsements.
The use of a high school student-athlete’s NIL is, however, limited and restricted. Specifically, Florida high school student athletes can impact their eligibility by participating in the following activities: competing for money or other monetary compensations; receiving an award or prize of monetary value which has not been approved by the FHSAA; capitalizing on athletic fame or performance by receiving money or gifts of a monetary nature; signing a professional playing contract in any sport or hiring a registered agent to manage his/her athletic career, other than for the purpose of advising on NIL-related matters; competing under an assumed name; or accepting an NIL agreement that otherwise violates FHSAA Bylaw 9.9. Additionally, there are categories or businesses, products and services that Florida high school student-athletes cannot endorse such as: NIL Collectives; Gambling, including sports betting, the lottery, and betting in connection with video games, online games, and mobile devices; adult entertainment products and services; alcohol, tobacco, vaping, and nicotine products; cannabis products; controlled substances; prescription pharmaceuticals; and weapons, firearms, and ammunition.
If a Florida high school student-athlete violations those aforementioned rules then there are penalties for these offenses. For a first offense: the student-athlete shall receive a formal warning. If applicable, the student shall immediately terminate/modify the NIL agreement, remove any advertisement, promotional activity, or endorsement, and return any awards, gifts, or other compensation. For a second offense: the student-athlete will be ineligible to represent any member school for a period of one year from the date of discovery. For a third offense, the student-athlete will be ineligible to compete in any interscholastic athletic contest in any sport for the duration of the student-athlete’s high school career.
In order to avoid loss of eligibility or the penalties outlined above, the FHSAA encourages student-athletes and their families to seek counsel from legal and tax professionals before considering any NIL activities.
In Florida, people under the age of 18 are considered minors, and therefore, lack the capacity to enter into a contract on their own. There are certain exceptions under Florida law that would allow a minor to enter into a contract, but in the absence of a qualifying exception, contracting with a minor high school student-athletes will require the signature of the student-athlete’s parent or guardian.
FHSAA’s NIL Bylaw also has implications for high schools, universities, colleges, coaches, NIL Collectives and other third parties that wish to contract with high school student-athletes to use their NIL. NIL activities must be used to recruit, specifically, NIL activities shall not be used to pressure, urge, or entice a student-athlete to attend a school for the purpose of competing or participating in intercollegiate athletics. Further, NIL agreements shall not be used as a guise for athletic recruiting.
Notably, like Florida’s original NIL Laws, an NIL agreement with a Florida high school student-athlete is limited to the student-athlete’s high school period of athletic eligibility and shall not extend beyond a student-athlete’s high school graduation date.
Regardless of whether you are a college or high school student athlete, you need to understand that entering into NIL agreements for the use of your NIL can have tax, contractual and compliance implications of which can impact your amateur status, ability to receive financial aid or subject you to civil penalties in the effect of a breach of contract by the athlete.
Nicholas Patti is a former collegiate student-athlete and is currently a licensed athlete-agent and attorney in the State of Florida.
