Florida is in deep

[WestTNdawg]

Just saw this on Twitter concerning the rashada situation... According to collegefootballnerds
"Understand the Rashada situation at Florida is a legal game about enforcing the $13 million contract:
- If UF claims it was NIL, it can't be conditioned on enrollment, so they have to pay.
- If they claim it was conditioned on enrollment, it isn't NIL and is an NCAA violation."

 

[UpTheMiddlex3Punt]

Just saw this on Twitter concerning the rashada situation... According to collegefootballnerds
"Understand the Rashada situation at Florida is a legal game about enforcing the $13 million contract:
- If UF claims it was NIL, it can't be conditioned on enrollment, so they have to pay.
- If they claim it was conditioned on enrollment, it isn't NIL and is an NCAA violation."

I thought it could be conditioned on enrollment but that agreement cannot involve the university as a party. Like if I'm an auto dealer in Gainesville, I'm not paying a lot of money for some player not at UF.

 

[WestTNdawg]

I hear you on that... Matt Wyatt has a Twitter string with a series of tweets from collegefootballnerds (assuming some type of website) laying out the particulars... Plus the money doesn't come directly from the auto dealer... He had a deal with their collective

 

[turkish]

Just saw this on Twitter concerning the rashada situation... According to collegefootballnerds
"Understand the Rashada situation at Florida is a legal game about enforcing the $13 million contract:
- If UF claims it was NIL, it can't be conditioned on enrollment, so they have to pay.
- If they claim it was conditioned on enrollment, it isn't NIL and is an NCAA violation."

What’s an NCAA violation?

 

[BoDawg.sixpack]

Just saw this on Twitter concerning the rashada situation... According to collegefootballnerds
"Understand the Rashada situation at Florida is a legal game about enforcing the $13 million contract:
- If UF claims it was NIL, it can't be conditioned on enrollment, so they have to pay.
- If they claim it was conditioned on enrollment, it isn't NIL and is an NCAA violation."

Mullen is the clear winner in all of this.

 

[3000lbchicken]

I've not been following. Who breached the "contract"? The school should in no way be held accountable. I think.

 

[WestTNdawg]

According to cfbnerds, the state of Florida has specific laws concerning NIL, they're one of the states that passed legislation to counter the NCAA, and they fall on the side of the player for the most part

 

[MarkDallas]

I thought it could be conditioned on enrollment but that agreement cannot involve the university as a party. Like if I'm an auto dealer in Gainesville, I'm not paying a lot of money for some player not at UF.

NIL is based on value to the buyer. Surely the lawyers could come up with a clause that states the contract is contingent on the athlete being a notable figure in the local area or customer base.

Will Rogers ain’t selling many cars in Oxford or Gainesville.

 

[WestTNdawg]

I've not been following. Who breached the "contract"? The school should in no way be held accountable. I think.

I agree, I don't know who's accountable, but somebody's getting sued

 

[OG Goat Holder]

This is one way to get NIL under control for sure.

Let the blue bloods fight this out.

 

[QMartinez]

Bargain Bin Billy

 

[onewoof]

 

[thatsbaseball]

What’s an NCAA violation?

An NCAA violation is Mississippi State providing a recruit a ride across campus in a private vehicle. **

 

[3000lbchicken]

NIL is based on value to the buyer. Surely the lawyers could come up with a clause that states the contract is contingent on the athlete being a notable figure in the local area or customer base.

Will Rogers ain’t selling many cars in Oxford or Gainesville.

I think the lawyers can give the middle finger to the NCAA at this point. Just got to have the money for their end of the deal.

 

[jethreauxdawg]

And the lawyers say, “Hallelujah”.

 

[WestTNdawg]

But they can't middle finger Florida law... They're one of the states that has very specific laws concerning NIL... state directly that money cannot be tied to athletic achievements or to any particular institution... If he had a signed contract (which I'm pretty sure he did) somebody's gonna be on the hook for that money

 

[3000lbchicken]

But they can't middle finger Florida law... They're one of the states that has very specific laws concerning NIL... state directly that money cannot be tied to athletic achievements or to any particular institution... If he had a signed contract (which I'm pretty sure he did) somebody's gonna be on the hook for that money

I don't disagree with that at all but they probably will and it will go to a federal judge and they'll say the state can't do that. A lot of money will be spent arguing it. Funny how that works.

 

[Irondawg]

If that’s really the law that every high schooler should exploit that and never enroll and take an NIL from another school.

I’ll be curious to see some legs experts break this down.

 

[HumpDawgy]

If someone wants to be stupid with their money, the law should allow them to do so. I wish I had more stupid money.

 

[CochiseCowbell]

I’ll be curious to see some legs experts break this down.

 

[Dawgbite]

 

[aTotal360]

It should be conditioned on whatever the 17 the collective wants.

 

[Perd Hapley]

The only drama is whether the kid gets paid or not. NCAA isn’t going to do a damn thing no matter what.

 

[horshack.sixpack]

If that’s really the law that every high schooler should exploit that and never enroll and take an NIL from another school.

I’ll be curious to see some legs experts break this down.

This may be the start of a lot of 5* commits to FL institutions long enough to get an NIL, then go play wherever they like...

 

[johnson86-1]

If that’s really the law that every high schooler should exploit that and never enroll and take an NIL from another school.

I’ll be curious to see some legs experts break this down.

If that's really the law you'll see a lot of law and forum selection clauses that pick a state other than Florida. Will probably actually push their collectives slightly away from committing more money to instate recruits because of a concern over enforceability. And at that point the florida legislature will change the law.

 

[The Peeper]

But they can't middle finger Florida law... They're one of the states that has very specific laws concerning NIL... state directly that money cannot be tied to athletic achievements or to any particular institution... If he had a signed contract (which I'm pretty sure he did) somebody's gonna be on the hook for that money

If somebody is STUPID enough to hand some kid $13M with no kind of performance or enrollment clause that ensures they get something for their check, then they deserve to lose it. If that happened in the underworld, Guido would pay a visit to Mr Rashada and systematically break every bone in his body 1 at a time then start pulling fingernails and teeth.

 

[goindhoo]

The Bill is rather short. https://legiscan.com/FL/text/S0646/2020
Here is the relevant part:

2. a. An intercollegiate athlete at a postsecondary educational institution may earn compensation for the use of her or his name, image, or likeness. Such compensation must be commensurate with the market value of the authorized use of the athlete’s name, image, or likeness. To preserve the integrity, quality, character, and amateur nature of intercollegiate athletics and to maintain a clear separation between amateur intercollegiate athletics and professional sports, such compensation may not be provided in exchange for athletic performance or attendance at a particular institution and may only be provided by a third party unaffiliated with the intercollegiate athlete’s postsecondary educational institution.

Interestingly, the contract cannot violate this section. That means the contract cannot be tied to the athletic performance or school attendance.

(g) An intercollegiate athlete’s contract for compensation for the use of her or his name, image, or likeness may not violate this subsection.

 

[patdog]

So what's he going to do if the NIL goes bankrupt and another, completely separate, entity springs up to provide NIL money to Florida athletes?

 

[mcdawg22]

This is one way to get NIL under control for sure.

Let the blue bloods fight this out.

That’s my thought. We needed something like this to blow up in someone else’s face. We can complain about what the players are getting paid, but realistically, we, the consumers control the market, unfortunately 5-10 blue bloods are setting the price point right now.

 

[Perd Hapley]

If somebody is STUPID enough to hand some kid $13M with no kind of performance or enrollment clause that ensures they get something for their check, then they deserve to lose it. If that happened in the underworld, Guido would pay a visit to Mr Rashada and systematically break every bone in his body 1 at a time then start pulling fingernails and teeth.

Except the sticking point here is that the collective didn’t live up to their end (allegedly). Meaning that he was likely due some form of compensation around or after the time that he signed his letter of intent (albeit not directly tied to the letter of intent), and therefore he didn’t show up.
There are plenty of ways around the enrollment thing….you just require that the kid makes X number of appearances or even just social media posts / retweets from the Gainesville area per week. And by doing that you make it impossible for him to attend any other school besides UF. That isn’t what this is about.

This thing has been going on for several weeks. Napier delayed his signing day press conference by over an hour to get to the bottom of it because he didn’t sign in the morning. Eventually he did sign which on the surface indicated everything was good on the NIL end of things, except it wasn’t. For some reason, the collective tried to balk on the deal, either partially by denying him an upfront payment that he was due, or fully wanting out of the whole thing. Remains to be seen. But it sounds like he signed in good faith but is not getting compensated in the manner that was agreed in the NIL contract.

 

[Dawghouse]

The Bill is rather short. https://legiscan.com/FL/text/S0646/2020
Here is the relevant part:

2. a.AAn intercollegiate athlete at a postsecondary educational institution may earn compensation intercollegiate athlete at a postsecondary educational institution may earn compensation for the use of her or his name, image, or likeness. Such compensation must be commensurate with the market value of the authorized use of the athlete’s name, image, or likeness. To preserve the integrity, quality, character, and amateur nature of intercollegiate athletics and to maintain a clear separation between amateur intercollegiate athletics and professional sports, such compensation may not be provided in exchange for athletic performance or attendance at a particular institution and may only be provided by a third party unaffiliated with the intercollegiate athlete’s postsecondary educational institution.

Interestingly, the contract cannot violate this section. That means the contract cannot be tied to the athletic performance or school attendance.

(g) An intercollegiate athlete’s contract for compensation for the use of her or his name, image, or likeness may not violate this subsection.

How does the first sentence jibe with the underlined portion?

"An intercollegiate athlete at a postsecondary educational institution may earn compensation"

If he's not enrolled he's not eligible for NIL.
It's definitely a mess and I'm here for all the chaos. This might be better than mama refusing to sign the NLI.

 

[SyonaraStanz]

The Bill is rather short. https://legiscan.com/FL/text/S0646/2020
Here is the relevant part:

2. a. An intercollegiate athlete at a postsecondary educational institution may earn compensation for the use of her or his name, image, or likeness. Such compensation must be commensurate with the market value of the authorized use of the athlete’s name, image, or likeness. To preserve the integrity, quality, character, and amateur nature of intercollegiate athletics and to maintain a clear separation between amateur intercollegiate athletics and professional sports, such compensation may not be provided in exchange for athletic performance or attendance at a particular institution and may only be provided by a third party unaffiliated with the intercollegiate athlete’s postsecondary educational institution.

Interestingly, the contract cannot violate this section. That means the contract cannot be tied to the athletic performance or school attendance.

(g) An intercollegiate athlete’s contract for compensation for the use of her or his name, image, or likeness may not violate this subsection.

Did they actually use his name, image or likeness? Also does the market value have to be the $13MM promised, or can they evaluate it based on similar deals in college football, assuming name, image or likeness were actually used?

 

[paindonthurt]

But they can't middle finger Florida law... They're one of the states that has very specific laws concerning NIL... state directly that money cannot be tied to athletic achievements or to any particular institution... If he had a signed contract (which I'm pretty sure he did) somebody's gonna be on the hook for that money

Surely if they had a signed contract there was something in it about the guying paying for Florida.

 

[bsquared24]

As Charlie has said several times don’t believe all the numbers you see around NIL. Even if it was 13M over 4 years that is like 275k a month and this has to be broken into monthly requirements and payments. Not a small amount, but no way they will pay out anything near the full amount.

 

[NewTweederEndzoneDance]

But they can't middle finger Florida law... They're one of the states that has very specific laws concerning NIL... state directly that money cannot be tied to athletic achievements or to any particular institution... If he had a signed contract (which I'm pretty sure he did) somebody's gonna be on the hook for that money

That depends entirely on what is in the contract. If he's not there to fulfill his end of the bargain, then he's not providing any consideration on his end to receive that money and he's not entitled to it. Contracts run both ways.

 

[Perd Hapley]

That depends entirely on what is in the contract. If he's not there to fulfill his end of the bargain, then he's not providing any consideration on his end to receive that money and he's not entitled to it. Contracts run both ways.

He didn’t show up AFTER he did not get something that was promised in his contract. He almost didn’t even sign the letter of intent, because he was supposed to get something before signing day. At least that is the version from Rashada’s side. Somebody on UF’s side has bungled this badly. They either over-promised / underdelivered, or were intentionally misleading about the benefits of the NIL package. Time will tell. In either case, UF is out a QB they were counting on at the 11th hour, and it’s up to the kid and his representation as far as how ugly they want to make it.

 

[greenbean.sixpack]

As Charlie has said several times don’t believe all the numbers you see around NIL. Even if it was 13M over 4 years that is like 275k a month and this has to be broken into monthly requirements and payments. Not a small amount, but no way they will pay out anything near the full amount.

Concur with this. It will be interesting to see how this works out.

 

[UpTheMiddlex3Punt]

The Bill is rather short. https://legiscan.com/FL/text/S0646/2020
Here is the relevant part:

2. a. An intercollegiate athlete at a postsecondary educational institution may earn compensation for the use of her or his name, image, or likeness. Such compensation must be commensurate with the market value of the authorized use of the athlete’s name, image, or likeness. To preserve the integrity, quality, character, and amateur nature of intercollegiate athletics and to maintain a clear separation between amateur intercollegiate athletics and professional sports, such compensation may not be provided in exchange for athletic performance or attendance at a particular institution and may only be provided by a third party unaffiliated with the intercollegiate athlete’s postsecondary educational institution.

Interestingly, the contract cannot violate this section. That means the contract cannot be tied to the athletic performance or school attendance.

(g) An intercollegiate athlete’s contract for compensation for the use of her or his name, image, or likeness may not violate this subsection.

That's actually quite easy to fix. You can add terms to the contract that require appearances at specific locations and specific times (that could be adjusted or waived at the discretion of the sponsor). Like if you're a car dealership, you could require the player to show up for autographs every Saturday from noon to 3pm. You'll waive it every week so long as the player is at your local school, but if they transfer you enforce that bad boy and they pretty much cannot play football anywhere else without getting out of the contract.

 

[Cantdoitsal]

UF releases him from his LOI so he's a free agent now. Not understanding how the money thing broke down cuz I'm sure the Gator Fund (or WTF they call it) had it. He's prolly Oxford Bound I reckon. Why not?