Florida’s NIL Legislation Signals a Changing Tide

The name, image, and likeness landscape (NIL) is complicated, and each state chooses how to handle legislation in its own way, adding to the complexity. What further muddles NIL waters is that states can reverse their course of action. Look at Florida’s new legislation – HB 7B: Intercollegiate Athlete Compensation and Rights – signed into law on February 16, 2023.  

With college athletes from Florida State University (FSU) and the University of Florida (UF) in attendance, Governor Ron DeSantis signed HB 7B, effectively repealing the previous NIL law.

The landmark change, supported by FSU head football coach Mike Norvell and UF head football coach Billy Napier who were also in attendance, changed key components from the previous NIL law passed in 2020.

Most notably, schools, teams, and coaches can facilitate player deals. This change walks a fine line with current NCAA legislation that states that “schools cannot pay players directly or use name, image, and likeness deals as inducements for recruiting or retention” (ESPN). 

HB 7B also codifies into law that NCAA athletes deserve protection: “An intercollegiate athlete must have an equal opportunity to control and profit from the commercial use of her or his name, image, or likeness, and be protected from unauthorized appropriation and commercial exploitation of her or his right to publicity, including her or his name, image, or likeness.” 

Athletes are further protected in the bill by requiring the universities to host two financial literacy workshops, as well as life skills and entrepreneurship training.

HB 7B is a step in the right direction for how states handle NIL but is also in sharp contrast to states like New York, which place more legislative power in the hands of the already powerful universities. It will be interesting to see how two contrasting state laws play out for athletes in the 2023 season.