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The FHSAA could soon approve a proposal that would lead to high-school athletes getting paid through business agreements such as endorsement deals. PHOTO/NEWS SERVICE OF FLORIDA
News Service of Florida -- The governing body that oversees Florida high-school athletics could soon approve a proposal that would lead to high-school athletes getting paid through business agreements such as endorsement deals.
The Florida High School Athletic Association held a recent discussion about a potential change to the organization’s bylaws that would allow student-athletes to profit from their name, image and likeness under what is commonly known as an NIL policy. The 13-member board, which includes eight members appointed by Gov. Ron DeSantis in August, is slated to vote on the proposal during a June 4 meeting.
The proposal would overhaul a part of the FHSAA’s bylaws that govern “amateurism” in athletics. Schools and districts would have to remain on the sidelines in the deals, according to the plan.
“Student-athletes and their parents/guardians will be required to negotiate any NIL activities independent of their school, school district, or the FHSAA (Florida High School Athletic Association),” the proposal says.
Business deals allowed under the policy would include, but not be limited to, commercial endorsements, promotional activities, social media presence, and product or service advertisements.
The potential change at the high-school level follows a seismic shift in collegiate sports over the past several years that allows college athletes to profit from their name, image and likeness. An initial NIL law went into effect in Florida in July 2021, and last year DeSantis approved changes expanding the law to allow universities to become more involved in the process.
Under Florida’s collegiate NIL law, colleges and universities are required to offer financial literacy workshops for student-athletes before they graduate. The high-school NIL policy discussed Thursday also seeks to promote financial education for athletes.
“By providing student-athletes with knowledge about potential legal and financial drawbacks associated with NIL activities, high schools can contribute to the overall welfare of their student-athletes,” the proposal says. “The FHSAA stands ready to help its student-athletes succeed in this new sports and business landscape.”
Board members did not decide during their discussion how high-school financial education would be addressed or whether districts would be responsible for providing it.
Tuesday’s discussion also touched off a debate about whether student-athletes should be allowed to hire agents to assist them in navigating NIL deals.
A draft of the proposal posted on the FHSAA’s website prior to Tuesday’s meeting included an existing rule that prohibits high-school athletes from hiring agents “to manage his/her athletic” career.
Part of the policy also says that student-athletes and their families are “encouraged to seek legal counsel and tax advice when considering NIL activity.”
Osceola County School District leaders asked about it who said they’ve looked into it say they still have a number of questions about how this would get implemented before they form an opinion.
“How would it be monitored, locally or at the state level?” Osceola County Athletic Director Ryan Adams said. “I’d be happy for the kids who would get paid for NIL, but I feel like the rich would get richer. At the heart of it, you don’t play for money.”
Osceola school Superintendent Dr. Mark Shanoff said he’d been looking into it for months, and keeps coming back to the feeling that athletics don’t drive academic designs.
“NIL has not produced positive results at the college level,” he said. “Sports are co-curricular, or extra-curricular. Our job is to maintain students’ academic trajectory.”
Members of the state board agreed to a change in the proposed policy that would ease the prohibition against hiring agents. The revised plan would restrict the hiring of agents “for all other activities other than advising on NIL related matters.”
High-school athletes also would face various other restrictions when negotiating endorsement deals.
For example, student-athletes would not be allowed to use their school’s logos, mascots or uniforms when promoting businesses or products “unless granted authorization by prior written consent from the school, district or (Florida High School Athletic) Association, respectively,” according to the proposal.
Athletes looking to cash in from NIL deals also would be prohibited from endorsing certain products and services. Alcohol, tobacco, vaping, gambling, cannabis, prescription drugs and weapons are among the products and services that are not allowed under the proposal.
The proposal also would prohibit NIL business agreements from being used to recruit student-athletes.
“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. The NIL agreement shall not be used as a guise for athletic recruiting,” the proposal says, in part.
