Will Florida high school athletes get to participate in NIL deals?

There are still 17 state high school athletic associations – including a handful in some of the country’s top talent-producing regions – where NIL is not allowed if players want to participate in prep sports.

One of those states is Florida.

Currently, 34 local athletic associations 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.

Now the tide for reform might be turning in the Sunshine State.

For more than two years, some high school leaders in Florida have taken a hardline stance against NIL for prep athletes because it violated the “spirit of amateurism.” However, the Florida High School Athletic Association surprised many national NIL observers when it indicated last October it was formulating a proposal for its board of directors to review.

Fast forward to January and the public now can see a draft of the reform proposal. The draft was first circulated on Jan. 19 after FHSAA officials met with lawmakers on the Education Quality Subcommittee in Florida’s House of Representatives.

What’s in FHSAA NIL reform draft?

On the surface, the FHSAA proposal seems in line with other state associations that have revamped their stance on NIL over the past 24 months.

The draft indicates players would not be allowed to use school logos in their NIL deals. Prep athletes also wouldn’t be allowed to promote them during school or FHSAA events. And maybe most importantly, schools and employees would be barred from facilitating deals, and NIL could not be used for recruiting purposes – something that’s been a point of contention for critics against NIL on the high school level.

“The draft policy is very similar to many other high school NIL policies throughout the country as it permits NIL as long as there is no mention of the school or high school athletic association, no use of school or HSAA IP and no recruiting inducements,” Dan Greene, an associate attorney and NIL expert at Newman & Lickstein, told On3. 

“This policy does provide some clarity on what punishments will be levied in the event of an NIL violation, which is a plus.”

What do Florida coaches think about NIL?

Now the biggest question is whether or not the proposal will generate enough momentum for the FHSAA amateur status bylaw to be amended.

From a procedural standpoint, the draft is expected to be discussed by the board of directors in upcoming meetings in either February, April and June. It’s believed if the board agrees to move it forward, the proposal goes to the general body for approval since it’s a bylaw change.

And that’s where things get murky.

On3 asked 10 football coaches throughout the Sunshine State about whether or not they would support NIL on the high school level. The coaches were given anonymity to speak freely, and the results were split evenly between yes and no.

“No way in hell does that stuff belong in the high schools,” one prominent coach said. “I have zero confidence that any administrator would be able to manage the situation. It’s chaos on the college level. We don’t need that here in Florida high school football.”

Another coach disagreed and pointed toward how Class of 2024 basketball star Karter Knox moved from Tampa Catholic High School to Atlanta-based Overtime Elite. Kevin Knox, Karter’s father who played football at Florida State, said if Florida offered NIL opportunities there would have been a good chance his son stayed for his senior season at Tampa Catholic.

“With the recruiting process so sped up now, it’s just a matter of time before the best player in the state transfers to somewhere near where they’re committed in the SEC because NIL is allowed,” a third coach said. “It’s just a matter of time.”

Interestingly, the Florida Coaches Coalition, the “largest coaching organization” in Florida, has repeatedly urged the discussion about NIL to be tabled until the state legislation acts.

Will high school NIL reform pass in Florida?

Recently, FHSAA asked for public input for allowing NIL deals for high school athletes across the Sunshine State. In an online survey, the FHSAA queried participants about what they wanted to see the high school association include in a future NIL policy. Interestingly, the survey also asked 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,” Greene said.

Matt Baker of the Tampa Bay Times reported initial results of the FHSAA survey showed “widespread disapproval of allowing high schoolers to make those deals.” Baker also reported the response included 80% of athletic directors/administrators, 73% of coaches and 50.1% of parents, students and other community members.

Additionally, Darren Heitner, a prominent Fort Lauderdale-based lawyer who helped Florida lawmakers craft the state’s NIL legislation, said he’s visited with the FHSAA’s executive board several times over the years. He, too, isn’t sure if there’s enough momentum for the proposal to pass.

“The story I have been told for many months is that high school athletic directors are split almost 50-50 as to whether to keep the status quo or shift to follow many other state high school athletic associations that have modified their bylaws to allow for NIL activities,” Heitner said.

“There is a real concern that Florida high schools will fall behind and the very top talent consider moving out of state. At the same time, athletic directors at the most prestigious athletic institutions are extremely concerned that allowing NIL will destroy the ecosystems they have built over time and empower athletes to an extent that schools lose their control.”