Florida High School Athletic Association approves NIL for deals for athletes

NIL is coming to the Sunshine State for high school athletes.

The Florida High School Athletic Association Board of Directors passed sweeping bylaw changes on Tuesday to allow name, image and likeness activities for its student-athletes without forfeiting the ability to play prep sports.

The new policy passed by a unanimous vote and after 45 minutes of additional debate, including from a coach who spoke about his opposition to the new bylaw. The FHSAA clarified that the policy does not go into effect immediately, and still needs to be ratified by the Florida State Board of Education. The board is not scheduled to meet again until July 24.

With the change, 36 local athletic associations now allow student-athletes to participate in NIL deals on the high school level. The South Dakota High School Activities Association could become the 37th governing body to permit NIL activities for high school players when the results of a membership vote become public in the coming days.

There’s been a significant shift over the past year in how high school administrators view NIL and it’s now acceptable in a majority of states from coast-to-coast. And now Florida is officially part of the change.

The Sunshine State is a perennial producer of top high school recruits across multiple sports. Florida’s 2025 class in football alone has four five-star prospects – including the nation’s No. 1 linebacker in Solomon Thomas – and there are 56 players ranked four stars or higher. Florida’s 2025 class in basketball features two five-stars, including Five-Star Plus+ standout Cameron Boozer.

Plus, Florida is annually home to top high school athletes and recruits in women’s sports. The state is also a haven for standouts in non-revenue sports, such as golf, soccer and lacrosse. The changes mean recruits in Florida high school athletes in Florida can also participate in NIL brand deals without fear of missing playing time with their high school program.

Where is NIL prohibited for HS athletes?

What’s allowed in Florida’s new HS NIL policy

In many ways, the new Florida High School Athletic Association NIL bylaw mirrors what is now acceptable for other high schoolers nationwide.

The new bylaws state that student-athletes and their parents/guardians must negotiate any NIL activities independent of their school, school district or the FHSAA. Student-athletes will be prohibited from monetizing their NIL with the use of their school’s uniform, equipment, logo, name, proprietary patents, products and/or copyrights associated with an FHSAA member school and/or school district, either in public, print or social media platforms. Student-athletes are also encouraged to seek legal counsel and tax advice when considering NIL activities.

Interestingly, the FHSAA does include a line in its new bylaws that says a student-athlete could impact their amateur status by hiring a registered agent to manage his/her athletic career – other than for the purpose of advising on NIL-related matters.

Bylaws aim to curb recruiting for high schools

The new rules also aim to protect against recruiting and high-school-oriented collectives focused on retaining talent at the high school level. This was of significant concern for high school coaches and athletic directors throughout the Sunshine State leading up to the change.

Florida high schools and boosters can’t offer NIL deals to try to pluck student-athletes from other schools. Plus, high school athletes who transfer in season won’t be allowed to secure an NIL agreement for that season unless granted a Good Cause Exemption from the district. High school collectives and transfers were discussed at length before the vote again on Tuesday with multiple board members raising concerns that punishments were too light for violators.

NIL on the high school level has been a simmering issue in Florida for years.

Since initially asking for input on NIL in Florida last January, the FHSAA has held discussions, workshops and fact-finding conversations about the topic. The FHSAA was sued in a Miami court in January 2022 by Westminster Christian School baseball player Sal Stewart and former Miami and Louisville football player Gilbert Frierson to allow athletes in Florida to profit off their NIL.

Florida is one of the most progressive states when it comes to NIL at the collegiate level. On July 1, 2001, college athletes in Florida became eligible to profit off their name, image and likeness under a bill signed into law by Gov. Ron DeSantis. But up until recently, there has been some pushback from high school administrators and coaches about allowing it in the Sunshine State. But others have pinpointed a threat of losing talent to other states where NIL is allowed as a big reason Florida is now allowing it.