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On February 16, 2023, Florida Gov. Ron DeSantis signed HB 7B, which makes several amendments to Florida’s name, image, and likeness (NIL) law, adding Florida to the growing list of states loosening prior state NIL restrictions. Florida was one of the first states to enact NIL legislation, which provided the state with guidance and rules once NIL became permissible under National Collegiate Athletic Association rules on July 1, 2021; however, as time passed, Florida, and other states, determined that its NIL law imposed unnecessary restrictions on NIL activities, potentially putting schools in Florida at a competitive disadvantage and unnecessarily harming college athletes. 

While falling short of repealing Florida’s NIL law in its entirety, the latest amendments remove many of the restrictions and rules surrounding NIL activities in the state of Florida. Among the most significant changes, the amendments remove:

  • Restrictions prohibiting schools, teams, and coaches from participating in or facilitating NIL deals for players;
  • Restrictions prohibiting schools from revoking or reducing a student athlete’s scholarship as a result of the student athlete earning NIL compensation or obtaining professional representation;
  • Restrictions preventing a student athlete from entering into an NIL contract that conflicts with the terms of a school’s team contract;
  • Requirement that a student athlete’s NIL compensation “be commensurate with the market value” of the authorized use of the student athlete’s NIL; and
  • Requirement that the duration of a contract for representation of a student athlete for use of their NIL not extend beyond their participation in an athletic program at a school.

The most notable change is the removal of the restriction on schools and coaches participating in or facilitating NIL deals for student athletes, which now allows Florida schools and coaches to actively participate in the NIL space and aligns Florida’s NIL laws with current NCAA NIL rules. Additionally, the amendment provides liability protection for schools and coaches from damages to a student athlete’s ability to earn NIL compensation resulting from “actions routinely taken in the course of intercollegiate athletics.”

Florida’s NIL law changes came just weeks before the NCAA issued its first ruling in an NIL infractions case – coincidentally against a school located in the state. On February 24, 2023, a case involving two women’s basketball players at the University of Miami and one prominent booster, John Ruiz, reached a negotiated resolution that resulted in a three-game suspension for University of Miami women’s basketball coach Katie Meier, which was served at the beginning of the 2022-2023 season. Most notably, Ruiz, who violated NCAA rules by contacting the players and providing an impermissible meal before their enrollment at the university, was not disassociated from the University of Miami program.

In addition to Meier’s three-game suspension, the NCAA issued the following penalties to the University of Miami women’s basketball program:

  • A one-year probation, which could result in harsher penalties if the program violates rules during the probationary period;
  • A $5,000 fine plus 1% of the women’s basketball budget;
  • A 7% reduction in the number of official visits during the 2022-2023 academic year;
  • A reduction of nine recruiting days in 2022-2023; and
  • A three-week probation on recruiting communication by staff members starting with the opening of the transfer portal on March 13.

Despite the relatively mild penalties levied by the NCAA, the University of Miami’s case is significant in that it is the first NCAA infractions ruling related to NIL. Had the University of Miami’s case been processed after the NCAA adopted a new presumption and evidentiary standard for NIL violations, which took effect January 1, 2023, the penalties might have been more severe. Under the new standard, NIL cases would, based on circumstantial evidence, be subject to a presumption that a violation has occurred. It would then be incumbent on the NCAA member institution to show that the alleged violation had not occurred. Increased NCAA investigations and NIL infractions are expected in the future as the NCAA attempts to reign in NIL. 

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Photo of Grant T. Williamson Grant T. Williamson

Grant Williamson is an associate in the firm’s Real Estate Practice Group. Grant provides counsel to clients in commercial real estate transactions, general corporate matters, and commercial financing, including commercial real estate acquisitions and dispositions (including the acquisition and financing of long term…

Grant Williamson is an associate in the firm’s Real Estate Practice Group. Grant provides counsel to clients in commercial real estate transactions, general corporate matters, and commercial financing, including commercial real estate acquisitions and dispositions (including the acquisition and financing of long term care and senior housing facilities), corporate formation and management, and secured lending and loan modifications.

He has experience drafting, reviewing, and negotiating financing documents, construction documents, purchase and sale agreements, ground lease and space lease agreements, operating agreements, and other documents and agreements for various real estate development projects.

He also frequently contributes to Conduct Detrimental, a leading sports law blog and podcast, on topics including name, image, and likeness (NIL) in college sports; corporate structure and governance; real estate matters; and social activism in sports.

Photo of Jonathan D. Wohlwend Jonathan D. Wohlwend

Jonathan Wohlwend’s practice is focused on intellectual property matters.

Prior to joining Bradley, Jonathan served as an Assistant Staff Judge Advocate in the United States Air Force. In that role, he served as a federal prosecutor as well as an advisor to military…

Jonathan Wohlwend’s practice is focused on intellectual property matters.

Prior to joining Bradley, Jonathan served as an Assistant Staff Judge Advocate in the United States Air Force. In that role, he served as a federal prosecutor as well as an advisor to military leadership. He frequently provided leadership on a broad range of legal issues, including trial practice, government investigations, government contracts, and federal regulatory compliance.

As a 2014 graduate of Cumberland School of Law at Samford University, he served as an editor for the Cumberland Law Review and as an Honor Court Justice. Jonathan received his Bachelor of Science in Biology from Samford University in 2009. Prior to starting law school, Jonathan worked a laboratory technician for a biotechnology company headquartered in Birmingham, Alabama.