Florida NIL repeal clears state senate, moves to governor's desk

Florida House Bill 7B, which would repeal the Intercollegiate Athlete Compensation and Rights Act and allow coaches and athletic department staff to assist in the facilitation of NIL deals, cleared the state senate on a 34-0 vote Friday.

The next step for the bill is Gov. Ron DeSantis‘ desk. He can either sign the legislation into law or veto it. The move comes after the Florida House passed the bill on a 113-0 vote Thursday. DeSantis’ approval could come Friday, a source told On3. Signs point toward the governor signing it into law following no legislative opposition.

Florida’s decision to act comes after Alabama repealed its NIL legislation last February and South Carolina suspended its NIL law in June. Louisiana removed the prohibition of schools directly or indirectly arranging for a third party to provide compensation to a student-athlete through NIL in June.

“Some of these young athletes won’t have the pro career,” former Florida State star defensive tackle and current Sen. Corey Simon (R-Tallahassee) said in the debate session Friday. “The vast majority won’t. To be able to take advantage of this opportunity now — while they’re in college, when they’re at the height of that earning potential — and then be able to instruct them on best practices moving forward to handle those dollars is ultimately what is important.”

Florida became one of the first states to pass name, image and likeness legislation in 2020, putting pressure on the NCAA to make a move. But with updated NCAA guidance in the past six months, Florida might now be trailing other states.

NIL deal facilitation not aimed at pay-for-play

The most noteworthy addition to Florida’s NIL legislation allows coaches and athletic department staff to assist in the facilitation of athlete deals. It is a major moment for the state, which houses 13 Division I institutions.

While the move is not to allow recruiting inducements or make pay-to-play more prevalent, it does simplify the deal process for athletes. If an athletic director or assistant coach, for example, hears about a business wanting to enter the NIL space, the staffer can now pass the word on to athletes. While it sounds simple, previously that would have violated state law.

Obviously, the role of inducements in the state of Florida has taken center stage in college football. Former Florida quarterback commit Jaden Rashada signed a four-year contract worth $13.85 million, according to The Athletic, with the Gator Collective. The NIL collective ultimately terminated the deal in early December. The four-star prospect requested his NLI release last month and has since signed at Arizona State.

Coaches and NCAA leaders have said NIL disguises “pay-for-play” deals choreographed by collectives. They say groups are using money to persuade recruits before they sign binding letters of intent. Per NCAA rules, boosters can’t pay players directly or be part of the recruiting process.

Furthermore, the NCAA issued guidance this past summer aimed at limiting the impact of boosters who are using NIL ventures to lure top high-school recruits and target players in the transfer portal.

Florida NIL repeal now a signature away

Rep. Chip LaMarca (R-Fort Lauderdale) introduced House Bill 99 in early January, which initially would have added that athletes would not be considered employees of institutions. The bill was amended, removing the clause.

With the hope of fast-tracking the process, he introduced House Bill 7B earlier this month. And with the Senate’s move Friday afternoon, the state is now closing in on a new era of NIL.

“I think athletes and the universities, ultimately the whole state of Florida, are at a disadvantage,” LaMarca said. “If (athletic director) Brian White at Florida Atlantic can’t tell a star golfer or football player that, ‘Hey, there’s a there’s a business here in town and reached out, they want to be able to sit down with you and talk about maybe making you the face of the hospital system or their car dealership’ – there’s just no opportunity unless that person can find that athlete. It doesn’t seem like in today’s world of communication, it’d be that difficult, but I think it is. It’s an issue that other states don’t have.”