Florida High School Athletic Association set to discuss NIL proposal

Nakos updated headshotby:Pete Nakos02/23/24

PeteNakos_

After months of drafting legislation to allow high school athletes to monetize their NIL, the Florida High School Athletic Association (FHSAA) is set to meet next week to discuss its latest proposal.

The three-page proposal will be discussed at Monday’s board of directors meeting and has been tabbed as a “discussion item.” The latest edition is similar to a draft of the reform proposal that was first circulated on Jan. 19 after FHSAA officials met with lawmakers on the Education Quality Subcommittee in Florida’s House of Representatives.

The most notable edition in this version is the addition of language making it harder for transfers to ink NIL deals. In the state of Florida, transfer students are eligible immediately to join an existing team. The NIL proposal would prohibit an athlete who transfers in-season from signing NIL agreements that season unless granted an FHSAA exemption.

“A year ago, they were targeting this summer,” a source who has worked closely with the FHSAA on the proposal told On3. “From what I’ve been hearing, the governor’s office has been putting a lot of pressure for this to happen through the FHSAA or the governor’s office will just get it done. What some are fearful of, is unlike other states, Florida is open transfer. Now you compound NIL, how are they going to control it? That’s why they’re dragging their feet.”

FHSAA proposal similar to other state associations

Currently, 34 local athletic associations allow high school 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.

Florida is one of the major talent pools that does not allow NIL at the high school level. Included in the proposal that will be reviewed on Monday, athletes would be allowed to leverage their NIL without losing eligibility. High schoolers could sign agreements for commercial endorsements, promotional activities, social media promotions and other service advertisements. The FHSAA would not have to approve deals, which is another change from earlier drafts of the reform proposal.

Similar to other state high school associations, athletes would be prohibited from promoting adult entertainment, vaping, alcohol, tobacco, cannabis, gambling and firearms. Another trend in state rules that would be carried over, athletes would not be allowed to use school logos or uniforms in NIL activations. Promotion of FHSAA championship wins would not be permissive, either.

Recruiting through NIL would be prohibited

Contracts would not carry over from high school to college, either. It’s notable for the elite athletes in the state who could be targeted by NIL collectives or major apparel brands like Nike or adidas. Employees and boosters would be banned from “form, direct, offer, provide, or otherwise engage” in name, image and likeness activity.

Most importantly, NIL “shall not be used to pressure, urge, or entice a student-athlete to attend a school for the purpose of participating in interscholastic athletics. The NIL agreement shall not be used as a disguise for athletic recruiting.”

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 2025 recruiting class alone, Florida has 15 of the top-100 prospects in the nation, according to the On3 Industry Rankings. While a handful attend IMG Academy – a prep school – they still do not currently profit from NIL. 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.

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