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Florida proposes bill relating to college athletes’ name and likeness

This morning, California governor Gavin Newsom signed the Fair Pay to Play Act into law, allowing athletes who attend college in the state to earn money off their names, images, and likenesses starting in 2023. With this law, players will now be able to hire agents, sign endorsement deals, and accept paid youth coaching positions.

This evening, Steve Berkowitz of USA Today is reporting that the state of Florida also proposed a bill relating to college athletes’ name, image, and likeness, with Fla. Rep. Chip LaMarca adding that another bill on the matter is coming.

The bill “authorizes students participating in intercollegiate athletics to receive specified compensation,” “provides requirements for specified students, postsecondary educational institutions, certain organizations, and specified representatives,” and “creates Florida College System Athlete Name, Image, and Likeness Task Force.”

According to the release, the bill, if signed, will go into effect on July 1, 2020, two-and-a-half years before the California bill is expected to go into effect (January 1, 2023).

Last week, NCAA president Mark Emmert told a group of Division I athletic directors that granting players likeness rights is an ‘existential threat’ to college sports and earlier this month, the NCAA informed Governor Newsom that if the law is adopted, the organization could declare all student athletes at the 58 NCAA schools in the state of California ineligible.

After the California bill was signed, the NCAA released the following statement on the matter:

As a membership organization, the NCAA agrees changes are needed to continue to support student-athletes, but improvement needs to happen on a national level through the NCAA’s rules-making process. Unfortunately, this new law already is creating confusion for current and future student-athletes, coaches, administrators and campuses, and not just in California.

We will consider next steps in California while our members move forward with ongoing efforts to make adjustments to NCAA name, image and likeness rules that are both realistic in modern society and tied to higher education.

As more states consider their own specific legislation related to this topic, it is clear that a patchwork of different laws from different states will make unattainable the goal of providing a fair and level playing field for 1,100 campuses and nearly half a million student-athletes nationwide.


Article written by Jack Pilgrim

Follow me on Twitter: @JackPilgrimKSR

33 Comments for Florida proposes bill relating to college athletes’ name and likeness

  1. maximumscott
    10:09 pm September 30, 2019 Permalink

    Its coming and the NCAA now has to share its profit

    • kacat2
      12:56 am October 1, 2019 Permalink

      How is the NCAA “sharing profit” from marketing agreements that don’t currently exist? Are you suggesting that the NCAA was going to set up a scenario where people pay for autographs from players but keep all of the money? Is the NCAA going to send players out to work camps only to have their salaries go back to the NCAA? Come on, read the law before making moronic comments. This has nothing to do about the ncaa or the universities paying players. It’s about eligibility. Not splitting up profits.

    • satcheluk
      11:53 am October 1, 2019 Permalink

      The Florida bill keeps control of the marketing in the hands of the schools.

    • satcheluk
      1:08 pm October 1, 2019 Permalink

      As I reread the bill summary, the language is vague and I may have misinterpreted.

  2. The Real LindaS
    10:32 pm September 30, 2019 Permalink

    Hey, what happened to the story on DeMarcus….I was reading it and it disappeared.

  3. makeitstop
    11:16 pm September 30, 2019 Permalink

    The harder the issue the less suitable it is for politicians. I hate the NCAA but it’s a membership organization that sets rules for members and legislators abrogating those rules bc they poll tested it won’t create balance it will create mayhem. Jefferson said no one’s life liberty or property were safe when the legislature is in session. Boy was he right.

  4. njcat54
    11:37 pm September 30, 2019 Permalink

    This is now an issue only because of the NCAA’s arrogant stubborn attitude about not sharing the billions generated by these athletes.

    The chickens have come home to roost. The cats outa the bag. The genie’s outa the bottle. The horse has left the barn. Etc…

    • Cousins Fake Tooth
      12:07 am October 1, 2019 Permalink

      No ones forcing them to go to school. But if they go, they have to agree to the NCAA rules. Pretty simple concept.

    • CrystalBall
      10:26 am October 1, 2019 Permalink

      Cousins. My sentiments exactly.

    • satcheluk
      1:13 pm October 1, 2019 Permalink

      Actually, it’s not. According to CNBC DoJ sources have indicated if the NCAA tries to ban Calif/FL etc schools from post season, then they will hit them with an anti-trust lawsuit. The tower crumbles.

    • kacat2
      12:45 am October 1, 2019 Permalink

      NCAA is a membership organization. It doesn’t make money for itself. The schools make money from their voluntary participation. Nothing is roosting unless you advocate for zero rules for eligibility. Basically you have a handful of male athletes who will get paid and go to schools who offer the best chance for compensation. That will be fun to watch.

    • njcat54
      6:36 am October 1, 2019 Permalink

      Actually… both the NBA and NFL DO force them to go to school. But that is beside the point. The POINT is these athletes are professional athletes masquerading as students – and many are grossly under-compensated given the value they generate. They are not allowed to work as most other students do to generate spending money. And most are funneled into classes of little to no value for achieving any other professional career just to keep them eligible. UNC was the tip of the iceberg.

      Now, if the coaches and administrators want to accept a professor wage scale and are required to also teach classes, then maybe, MAYBE, it would be a little more equitable.

      MBB and college football are big money entertainment. It’s time the individuals who are primarily responsible for the wealth being generated receive something other than a worthless degree.

    • CrystalBall
      10:29 am October 1, 2019 Permalink

      njcat54. The NBA does not force them to go to school. They have the option to play pro ball out of high school. Just not in the NBA.

    • Megan
      1:38 pm October 1, 2019 Permalink

      Not billions. The NCAA pulled in $1.06 billion in fiscal 2016-17, $761 million of which came from the men’s basketball tournament. The NCAA’s expenses were $956 million. The largest chunk went to dispersing $560.3 million back to its roughly 1,100 member institutions, as well as $200 million for a one-time payment the NCAA made to schools to fund additional programs. Another $160.5 million went to the Division I performance fund, which awards conferences based on how many teams play in the NCAA tournament and how far they advance. The NCAA also recorded a $209 million settlement related to those past athletes who argued the value of their scholarships was illegally capped.

      So most of the money goes right back to the member institutions, only a handful of which — the biggest names in football and basketball — ever turn a profit. Most by far are in the red. That’s why tuition keeps rising. So you can talk about the “billions” generated by the student-athletes, but you need to get your figures right and understand where that money goes before demanding that some of it has to go elsewhere, leaving colleges and universities in this country in even worse fiscal shape.

  5. ukwildcat1991
    12:00 am October 1, 2019 Permalink

    Two democratic states (Cali and Florida) Interesting…

    • kacat2
      12:39 am October 1, 2019 Permalink

      FL has two Rep senators a Rep Gov and voted for Trump. So not the same as CA.

    • TPACAT
      12:49 am October 1, 2019 Permalink

      Uh, Florida has been pretty Republican of late…

    • njcat54
      6:42 am October 1, 2019 Permalink

      I thought conservatives were for freedom, free enterprise and individual rights. Seems they only think that applies if it doesn’t disrupt the things they value.

      Florida is only considering this because they don’t want their precious football programs to be left behind. CA is doing it because it’s the right thing to do.

  6. Collie
    12:54 am October 1, 2019 Permalink

    The NCAA is a sham fo sure. However, I think that any profit gained by athelites should be equally shared some how some way. If benny snell was allowed to profit on his ability, which would be well earned, the offensive lineman that opened the line for him should be compensated in someway as well. The linemens names or contributions to his accomplishments are never recognized and rarely talked about. The income has been taken in from may avenues, whether likeness, jerseys or whatever, but it has to be taken away from the NCAA and equally shared to all athletes. If benny received all the benefits it could very well cause distention amongst the team.

    • Collie
      1:05 am October 1, 2019 Permalink

      Perfect example is the #10 tweet of the day. The online opened a hole for boom to hit full speed, and then boom drug the secondary into the End zone. The that aboys went to boom, but it most likely would not have happened it the unmentioned lineman had not opened the hole for him…

    • kacat2
      1:09 am October 1, 2019 Permalink

      That sounds wonderful but where is the money coming from? Yes schools “profit” from shoe and TV deals but they also have massive expenditures. Does Snell also have to pay the equipment managers and trainers? Do athletes pay for the expanse to run the facilities? Who picks up the tab for every other sport that runs at a deficit? What do you mean share equally? Pay soccer players the same as BB and FB players? Does the gymnastics team get paid? How do you get away with paying male athletes but not pay female athletes the same? Ky makes money but what about all of the schools that don’t. So now all of those athletic programs go away along with the scholarships to all of those kids? What is the schedule now, just the few schools that have money? How many schools is that going to be?

    • satcheluk
      1:17 pm October 1, 2019 Permalink

      Expenses are the responsibility of the company owner (The University Athletic Dept) not the employees (athletes). Labor cost is an expense.

  7. catsarerunnin
    7:05 am October 1, 2019 Permalink

    Everyone gets a trophy….

  8. wes720
    8:32 am October 1, 2019 Permalink

    Look I’m all for these kids getting paid but let’s be real. The only people that will get rich off the endorsements and likeness will be the agents who will get 30-40% and the government who will get 30-40% in income tax depending on where the school is. In California the tax will be so high the kids will be borrowing money to pay taxes. It’s still not about the athletes it’s just somebody else will be making money off their backs.

  9. makeitstop
    9:38 am October 1, 2019 Permalink

    No one “forces” anyone to go to college. They can work out with a trainer, they can play post graduate high school ball, they can go overseas… But if they choose to go to college and get a college scholarship to fill the spot that could have gone to someone else then they have to follow the rules that come with that transaction. My father went to Kentucky on a basketball scholarship and law school on the G.I. Bill and that was a lot of compensation that allowed him a great career. This proposal, with typical California insanity, will do nothing but lead to more money in the hands of the younger kids who will eventually make more money bc they are the ones that will go pro. It’s not helping 99% of the athletes who are actual student athletes it’s just helping kids get more money a year or two earlier – that’s not fairness it’s greed. And incidentally if anyone has paid a private tuition lately it’s over $250,000 for four years! That’s pretty damn fair compensation for 19 and 20-year-old kids whose job it is to go to class get good grades and play a sport for four years. Who do u think is behind paying players?? St. Francis?? It’s the same people being prosecuted by the DoJ right now!! Do you really think they give a rats ass about fairness for kids?? C’mon man. Why do we enjoy college athletics more than the pros? Think.

    • CrystalBall
      10:31 am October 1, 2019 Permalink

      makeitstop. Well said.

  10. neat1ky
    9:57 am October 1, 2019 Permalink

    So if players start making money, then they won’t need scholarships. Then we can have an even bigger divide between haves and have nots, yep exciting times for college . Also will their agents tell them which games to play in or maybe that little pain in their finger they should sit. Watch what you wish for!

    • makeitstop
      12:02 pm October 1, 2019 Permalink

      And if u think overbearing parents, “guardians” and hangers-on are a bad influence now, and a distraction, can u imagine what it would be like if every would be agent and posse member were advising on when a big name was needed bc the shoe company deal was thiiiis close. It would be an unmitigated disaster that the small minded Cali-fate Legislature (who have not passed a budget in going on 2 decades, u know, their REAL job) even begins to comprehend or actually care about.

    • makeitstop
      12:05 pm October 1, 2019 Permalink

      That’s “when a big GAME was needed” not “name” – I really shutter to think the fact this will have – It’s social media plus AAU bandits on steroids

  11. ScoggDog
    10:31 am October 1, 2019 Permalink

    It’s obvious that – for the premier athletes – the value of the scholarship is not fair market value. Why do I say that ? Because so much additional money exists, in the form of shoe endorsements, for these exceptional college players.

    Its not fair – life isn’t. We’re not all equally talented. Bottom line, the cream of the crop are not receiving fair market value under the existing system. The existing system will either adapt or fail. It must.

    How much sports fans wish these exceptional players would simply accept less than fair market value won’t matter, in the end.

    • makeitstop
      11:56 am October 1, 2019 Permalink

      They don’t have to accept less – they can go overseas and cash in on their high school fame like the LaVar Ball Vaudeville Act… but if they want to play for an American college they forego immediate ok money in pursuit of team goals and long term gain. That’s our system. Doesn’t mean u can’t hv a means tested allowance or stipend like some national teams, but commercial deals are negotiated by agents and u don’t want them in college sports and u don’t hv to allow them.

  12. Megan
    1:23 pm October 1, 2019 Permalink

    An individual state can’t make the rules for a member-led national organization. Those rules are developed by some 1200 colleges and universities across the country. And keep in mind that some of California’s biggest universities oppose the newly signed law. Why? Because they understand the consequences. It’s the NCAA, not the state of California, that determines whether a student-athlete is eligible to compete.

    The courts have pretty much settled the NCAA’s ability to impose amateurism rules. In NCAA v. Bd. of Regents of the Univ. of Oklahoma (1984), the Supreme Court found: “In order to preserve the character and quality of the ‘product,’ athletes must not be paid, must be required to attend class, and the like.” And in the O’Bannon case (2015), the Court of Appeals for the Ninth Circuit, to which California belongs, reaffirmed the right of the NCAA to impose amateurism rules, including any “pay” based on athletic ability, such as money for NIL. And it overturned an attempt to force the NCAA to pay as little at $5000 in deferred compensation above the student-athletes’ full cost of attendance. That’s how much deference the courts have given the NCAA.

    California is free, of course, to opt out of the NCAA. That’s what this legislation effectively does. But California and Florida really don’t want to do that. They really don’t. And I, for one, would love to see them suffer the consequences for at least a brief period of time. Just to make a point.

  13. CombatMedic_98
    2:36 pm October 1, 2019 Permalink

    Good. Then we get rid of the NCAA and make up the National Student-Athletic Association…NSAA…Let’s go…!