Florida High School Athletic Association asks for input on NIL reform

This past October, the Georgia High School Association amended rules to allow high school student-athletes to participate in NIL without losing their eligibility. On the same day as the changes in Georgia, the Florida High School Athletic Association revealed it is in the process of drafting an NIL reform proposal for its board of directors to review.

The FHSAA showed another sign on Wednesday that it’s seriously considering change.

In a social media post, the FHSAA asked for public input for allowing NIL deals for high school athletes across the Sunshine State. The post takes participants to an online survey that asks what they want to see the high school association include in a future NIL policy.

ON3 NIL HIGH SCHOOL RULES

After selecting which school you or your child attends, the form then asks whether NIL should be allowed at the high school level in Florida.

Interestingly, the form also asks whether or not there should be a cap on yearly earnings for student-athletes, and if so, what should that amount be?

“That question stood out to me as a cap on NIL compensation would most likely violate antitrust law,” Dan Greene, a NIL expert and associate attorney at Newman & Lickstein, told On3.

“There may be a concern from those in Florida about some players potentially making more money than the coaches. But if such a rule was enacted it would immediately be subject to a legal challenge. Why should someone’s earning potential be capped if someone is willing to pay them?”

The survey also asks what brands or companies should be allowed to offer NIL deals to high school athletes. Other high school associations that allow NIL deals on the high school level often prohibit student-athletes from participating in deals with adult establishments, gambling activities and anything involved with alcohol.

What do Florida coaches think about NIL?

Florida is one of the most progressive states when it comes to NIL at the collegiate level. 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 being a big reason why Florida is now moving toward allowing it.

Yet, the Florida Coaches Coalition, the “largest coaching organization” in Florida, urged the discussion to be tabled until the state legislation acts. Florida lawmakers are set to hear presentations on high school NIL on Friday during a meeting of the House’s Education Quality Subcommittee.

When you have kids that will be making more money than their coaches at the high school level, you have a serious problem.

This needs to be tabled until the State Legislature passes a resolution to pay Florida High School Coaches!#PayFLCoaches https://t.co/DLSqAhsyN0

— Florida Coaches Coalition (@PayFLCoaches) January 17, 2024

Who could benefit from NIL changes in Florida?

Florida has historically produced some of the top talent to come out of the high school ranks. Florida, Florida State and Miami are three of the most storied programs in college football, thanks to the talent inside the state.

In the last five years, 145 athletes from the state have been picked in the NFL draft. Another 37 have been drafted in the NBA.

The 2025 football recruiting class in Florida features five-star prospects DJ Pickett and Jaime Ffrench. In addition, there are 45 other recruits in the class ranked as four stars, according to the On3 Industry Ranking.

Florida allowing athletes to monetize their publicity rights would signify a major dominio in NIL across the high school landscape.

“NIL, like many industries, has proven to be a copycat industry where everyone wants to be able to keep up with their peers,” Green said. “Now that Georgia high school athletes can monetize their NIL, I wouldn’t be surprised if Florida and Alabama are next considering their proximity and competition on the gridiron. Perhaps these other associations will realize that the ‘Wild, Wild West’ aspect of NIL has either come and gone or is not as big as some others have made it out to be.”

Where is NIL allowed in high school?

With the change in Georgia, 34 local athletic associations now allow student-athletes to participate in NIL deals without forfeiting the ability to play high school sports.

The exact number of high school associations that allow NIL is still somewhat hazy because of limitations with some activities and pending state legislation. Nonetheless, there’s been a significant shift over the past year in how high school administrators view NIL and it’s now allowed in a majority of states from coast-to-coast.

Yet, there are still 17 state associations – including a handful in some of the country’s top talent-producing regions like Florida – where NIL is not allowed if players want to participate in prep sports.

On3 recently examined what the latest is in those states to see if changes could be coming.