Florida Updates NIL Legislation: What You Need to Know
In late June 2021, Florida updated its name, image, and likeness (NIL) legislation, allowing college athletes to profit from their NIL rights without jeopardizing their eligibility. While the new law has been met with excitement from many athletes, it has also raised questions about compliance and regulation.
Here is a breakdown of the key elements of Florida’s updated NIL legislation and what they mean for college athletes, universities, and third-party entities.
What is NIL?
NIL refers to a person’s right to use their name, image, and likeness for commercial purposes. This can include things like product endorsements, sponsorships, and social media campaigns. Prior to the new legislation, college athletes were prohibited from profiting off their NIL rights, but the updated law now allows them to do so.
What are the updates to Florida’s NIL legislation?
Under the updated NIL legislation, Florida college athletes are now able to earn compensation for the use of their NIL rights. Colleges and universities cannot prevent athletes from earning money from their NIL, and the NCAA is prohibited from penalizing athletes who do so. The updated legislation also requires colleges and universities to educate their athletes on the new law and provide resources for them to navigate NIL deals.
How can college athletes make money under the updated NIL legislation?
College athletes can now make money by entering into NIL deals with third-party entities, such as sponsors and advertisers. They can also use their social media platforms to promote brands and products, provided they follow the guidelines outlined in the updated law.
What are the compliance considerations for colleges and universities?
To comply with Florida’s updated NIL legislation, colleges and universities need to develop policies and procedures for monitoring and regulating NIL deals. Some key considerations for compliance include:
- Developing a clear and concise NIL policy that outlines the rights and responsibilities of athletes, schools, and third-party entities.
- Establishing a system for monitoring and approving NIL deals to ensure they comply with the law and do not create conflicts of interest.
- Providing educational resources and support for athletes to help them understand their rights and responsibilities under the new law.
The Law office of Mahmud Yennes, PLLC, located in Tampa Florida, can provide guidance and legal advice to college athletes, universities, and third-party entities navigating Florida’s updated NIL legislation. They can be contacted via email at [email protected].
| Previous NIL Legislation | Revised NIL Legislation | |
|---|---|---|
| Legalization of NIL | Not allowed | Allowed |
| Ability to hire agents | Not allowed | Allowed |
| Right to publicity | Limited | Full rights |
| Athletic scholarship impact | Ineligible | Eligible |
Frequently asked questions
When did the original Florida NIL legislation take effect?
The updates took effect on July 1, 2021. Where as the new NIL Laws were passed on February 16, 2023
What are some examples of NIL deals that college athletes can enter into?
Some examples of NIL deals that college athletes can enter into include sponsorship deals, endorsement deals, social media promotions, appearances, and autograph signings.
Are there any restrictions on the types of businesses that can enter into NIL deals with college athletes?
There are no restrictions on the types of businesses that can enter into NIL deals with college athletes, except for those that conflict with the school’s existing sponsorship agreements.
How can college athletes protect themselves when entering into NIL deals?
College athletes can protect themselves when entering into NIL deals by consulting with an attorney who specializes in sports law. The Law office of Mahmud Yennes, PLLC is a law firm located in Tampa, Florida that provides legal services to athletes, coaches, and sports organizations. Their email address is [email protected].
What are the potential benefits of NIL deals for college athletes?
The potential benefits of NIL deals for college athletes include the ability to earn money for their name, image, and likeness, which can help them pay for expenses such as tuition, housing, and food. Additionally, NIL deals can help athletes build their personal brand and increase their exposure to potential fans and sponsors.
In conclusion, the updated NIL legislation in Florida has significant implications for college athletes, schools, and third-party entities. Colleges and universities need to develop policies and procedures for monitoring and regulating NIL deals to ensure compliance with the new legislation. Athletes need to be aware of their rights and responsibilities when entering into NIL deals, and should consult with an attorney who specializes in sports law to protect their interests. The potential benefits of NIL deals for college athletes are significant, and could have a major impact on the landscape of college sports in Florida and beyond.
References:
