After months of discussion, and a vote on Tuesday, the Florida High School Athletic Association board of directors unanimously approved language in its bylaws to allow high school athletes, much like NCAA college athletes have been able to do for a few years, to earn money from Name, Image and Likeness (NIL) deals, such as endorsements.
New Bylaw 9.9 will be presented to the state's Board of Education in July, and if it signs off it would go into effect in time for the 2024-25 school year and fall sports schedule.
Under the change, student-athletes and their parents or guardians would be required to “negotiate any NIL activities independent of their school, school district, or the FHSAA.” The board also agreed to allow high-school athletes to hire agents to assist them in navigating business deals — reversing course on a longstanding prohibition. The revamped bylaws now allow for the hiring of “registered” agents only for the “purpose of advising on NIL related” matters.
The updated regulations define “permissible activities” under the new NIL policy to include, but not be limited to, commercial endorsements, promotional activities, social media presence, and product or service advertisements.
The FHSAA board said during Tuesday's meeting that it can come back to the table to make changes to this NIL policy in the future, but that, "This is a very good starting point for us to move forward with,” said Monica Colucci, a Miami-Dade County school-board member who is president of the FHSAA Board of Directors.
The new NIL rules also include some restrictions. For example, Bylaw 9.9.2(f) noes that "Accepting a Name, Image, and Likeness (NIL) agreement that does not adhere to FHSAA Bylaw 9.9" can affect a student-athlete's eligibility.
Bylaws 9.9.4.1.1/2 releases the FHSAA, their school or school district from any liability related to, or arising from the NIL agreement.
Bylaw 9.9.4.2 bars what are known as NIL “collectives” — funding organizations through which student-athlete compensation frequently is funneled.from being allowed under the policy, which have become part of the fabric of college sports. Kimberly Richey, a senior chancellor with the Florida Department of Education who also is on the FHSAA board, has pushed to have the bylaws include a ban on collectives.
“I think what we’re doing is, we’re saying there cannot be any groups out there that exist to collect funds from donors to facilitate NIL deals for student athletes. That's what a collective is. If you exist solely for that purpose, you cannot operate in Florida,” Richey said during Tuesday’s meeting.
Athletes are barred from collectives, as well as engaging in NIL activities that promote adult entertainment products and services, alcohol, tobacco, cannabis, vaping, nicotine products and other controlled substances, prescriptions, gambling, sports betting or betting on any games, weapons, firearms and ammunition and political or social activism.
Bylaws 9.9.4.6/7 address what some education leaders feared as a "pay for play" ploy schools would use to lure players to transfer for arranged NIL deals:
"A student-athlete who transfers after starting a sport, shall be prohibited from securing an NIL agreement that season ... NIL activities shall not be used to pressure, urge, or entice a student-athlete to attend a school for the purpose of participating in interscholastic athletics."
And Bylaw 9.9.5.3 address abuse of the system; those receiving "impermissible benefits" will be deemed ineligible, with a warning for the first offense, a one-year competition ban for a second an becoming ineligible for their entire high school career for a third,
Ryan Dailey of the News Service of Florida contributed to this report.
