By: Josh Goldberg, Esq.
It’s official: high school athletes in Florida can now participate in Name, Image, and Likeness (“NIL”) deals. This morning, the Florida Board of Education (“FBOE”) unanimously approved and ratified Florida High School Athletic Association (“FHSAA”) Bylaw 9.9, which specifically addresses Name, Image, and Likeness rights and amateurism rules for student-athletes. This is a significant step forward, empowering Florida high school athletes to explore opportunities previously reserved for collegiate and professional players. Earlier in June 2024, the FHSAA unanimously approved the proposed Bylaw 9.9, with today being the waiting moment for the FBOE to ratify the changes.
On Monday, July 22, 2024, the FHSAA held an emergency meeting to refine Bylaw 9.9, focusing on restrictions concerning NIL Collectives. These Collectives, defined under Bylaw 9.9.4.2, include but are not limited to, groups, organizations, or cooperative enterprises that exist to collect funds from donors, individuals, or businesses to: 1) help facilitate NIL deals for student-athletes; 2) facilitate payments to or transfers funds to student-athletes; 3) create ways for athletes to monetize from their NIL; and/or 4) otherwise promote NIL for schools or student-athletes
Notably, school-sanctioned team fundraising remains permissible under these guidelines, ensuring athletes can benefit from community support.
Meanwhile, the Georgia High School Athletic Association (“GHSA”) has mirrored Florida’s approach by adopting similar restrictions on NIL Collectives. This decision, approved unanimously by the GHSA Board of Trustees, underscores the importance of equitable opportunities while maintaining the integrity of high school sports.
During the Florida Board of Education meeting today, FHSAA Executive Director Craig Damon answered questions for 45 minutes regarding the newly adopted Bylaw as well as concerns around monitoring the new policy, student safety, and bad actors in the space.
Mr. Damon said the FHSAA will soon put together a subpage on their website to address its new NIL policy with additional resources, including a sample contract that complies with the FHSAA’s bylaws that student-athletes and parents can refer to. While there is no one-size-fits-all for a NIL marketing agreement, a sample agreement can be helpful in order to avoid ambiguity on any rules and for student-athletes to maintain their eligibility. Most notably, per Bylaw 9.9, all NIL marketing contracts may not extend past a student-athlete’s high school graduation date and there are additional restrictions on using school, FHSAA, or NFHS intellectual property without the parties’ prior written consent.
For high schools, student-athletes, and parents navigating these new waters in Florida or Georgia, legal guidance and education are crucial. At Greenspoon Marder LLP, we’re committed to supporting you through these changes. Whether you’re seeking clarity on NIL regulations, drafting school policies and building out compliance procedures, seeking advice on navigating sponsorship opportunities, or understanding your rights as a student-athlete, our team is here to help.
Don’t hesitate to reach out if you have any questions or need guidance regarding high school NIL.
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