The state of Florida has passed a bill allowing college athletes to profit off of their own name, image and likeness effective July 1, 2021.
Earlier this week, the Senate approved the bill 37-2. On Friday, The House voted to pass the bill to Gov. Ron DeSantis, 98-14.
BREAKING: Florida House has passed bill allowing college athletes to earn $ from name, image & likeness beginning July 2021. Also passed by Florida Senate.— Darren Heitner (@DarrenHeitner) March 14, 2020
The bill goes to Florida Governor DeSantis for approval. Effective date earlier than CA by 2 years. Great job @ChipLaMarca!
If Gov. DeSantis provides his signature (which he has previously stated he would), Florida will join California in having name, image and likeness (NIL) legislation. However, Florida’s law would be in effect eight months before California’s.
In addition to start date, Florida’s bill differs from California’s in a few ways.
Florida legislators do not reference the NCAA in the law and for that reason, they believe that it will be less vulnerable to being challenged legally by the governing body. California, conversely, explicitly states that the NCAA can’t keep athletes or schools with athletes that are being compensated for their NIL from participating in collegiate athletics.
Florida’s law outlines NIL compensation as follows:
• “Compensation must be commensurate with the market value of the authorized use of the athlete’s name, image and likeness,” but the bill does not define market value.
• Compensation can’t come from the school, only a third-party not affiliated with the school.
• Schools, boosters and other fundraising groups can’t compensate or cause compensation for athletes, prospective or current.
While various NCAA groups have their eyes set on rule changes after the convention in January 2021, the governing body itself views this legislation as a violation of the commerce clause in the U.S. Constitution. The clause states that only Congress has the authority to regulate intrastate commerce.