A Practical Guide to Florida’s NIL Rules

The proliferation of money throughout college sports has led to a similar growth of bad actors in the college space, many of whom look to take advantage of student-athletes. In 2024, anticipating that the epidemic would reach the high school ranks, the Florida High School Athletic Association (FHSAA) adopted bylaws with the hopes of protecting its student-athletes by preserving the integrity of high school sports. This article identifies the Florida rules that govern name, image, and likeness (NIL), examines what they protect, what they leave uncovered, and sets out the steps that high school administrators, parents, and student-athletes should take in order avoid issues and be in compliance with the Florida NIL rules.

FHSAA Bylaw 9.9: Amateurism and Name, Image, and Likeness (NIL)

The 2024 addition of Bylaw 9.9 enabled high school student-athletes to earn NIL compensation, but this right is not unlimited. Before agreeing to any NIL campaign, student-athletes should know what they are being asked to promote, who is asking them to promote it, why they are being asked to promote it, and the role schools play in those deals.

Bylaw 9.9.4.4 prohibits student-athletes from promoting certain products and services. Alcohol, cannabis, and gambling are just a few of the prohibited categories.  A school may give written consent for a student-athlete to use the school’s name, logo, uniform, or mascot in NIL activity; however, any reference to school or FHSAA championships is strictly prohibited, even if a school gives the athlete written consent.

Bylaw 9.9.5 adds a deadline that can catch students and families off guard. Within five business days of signing an NIL agreement, the student-athlete and an accompanying parent must complete and submit an Affidavit of Compliance to their school. This bylaw obligates student-athletes to bring all NIL deals to their administrators.

To maintain the integrity of NIL deals, Bylaw 9.9.4.5 broadly restricts “representatives of a school’s athletic interests” from engaging in NIL deals with student-athletes. “Representatives of a school’s athletic interests” are persons, businesses, organizations, or groups that participate in, assist with and/or promote the given school’s interscholastic athletic program. The list in 1.4.17 is non-exhaustive, giving the FHSAA leeway to include parties not listed. However, 9.9.4.5 prevents those defined in 1.4.17 (a)-(e) from directing, offering, providing, or engaging in any activity under Bylaw 9.9. A list of those parties includes:

(a) A student-athlete or other student participant in the athletic program at that school;

(b) The parents, guardians or other family members of a student-athlete or other student participant in the athletic program at that school;

(c) Immediate relatives of a coach or other member of the athletic department staff at that school;

(d) A volunteer with that school’s athletic program;

(e) A member of an athletic booster organization of that school;

The list continues to include subsection (f) which covers businesses that make financial or in-kind contributions to a school’s athletic department. Additionally, Bylaw 9.9.4.5’s restriction is designed to prevent the use of NIL in recruiting efforts. Bylaw 9.9.4.6, makes that intent clear. This section expressly bans NIL activities being used for recruitment purposes.

Policy 36 and Policy 37

Policies 36 and 37 define athletic recruiting and improper contact and benefits. School administrators need to become familiar with these policies because the consequences can escalate quickly. Bylaw 9.9.6 sets the penalties that could be imposed, which start with a warning and then escalate to loss of eligibility. However, infractions for accepting impermissible benefits under Policy 36.5.2 go straight to loss of eligibility. Policies 36 and 37 work together to build guardrails on what schools and their communities can offer to student athletes.

Policy 37.2.1 bars school employees, athletic staff, representatives of a school’s athletic interests, and third parties, including independent businesses, from giving an impermissible benefit, directly or indirectly, to a student or family member for the purpose of athletic participation. Put plainly, an “impermissible benefit” is one that is not generally available to all students and families who apply to or attend the school, or that the FHSAA rules or otherwise prohibits.

Policy 37.1.1 separately prohibits school employees, athletic staff, representatives, and third parties from contacting a student at another school, or that student’s family, to encourage them to transfer for athletics. And under Bylaw 6.3.3, a school answers for its staff and for third parties representing its athletic interests.

Overall, the bylaws are aimed at protecting the integrity of the game by imposing restrictions on the recruitment of high school athletes. As a byproduct, these bylaws might inhibit agents from entering the space. However, there is nothing explicitly outlined in the bylaws aimed at curtailing predatory agent practices. The FHSAA says as much itself.

Bylaw 9.9 opens by cautioning that compliance does not ensure eligibility under the NCAA, NAIA, or NJCAA rules and encourages student-athletes and their families to seek legal counsel and tax advice before entering into NIL activity. Although schools should keep their distance from NIL deals, they should nonetheless work with trusted legal advisors and build a written process and compliance policy for consent requests. Trusted legal advisors can help explain the changing landscape of NIL to administrators, and work with high schools to educate their student athletes and their families.

For high school student-athletes and their families, if any NIL or NIL-related opportunity arises, it is best to speak about that opportunity directly with high school administration and coaches. NIL, used appropriately, can make positive impacts for schools and their communities. Nonetheless, student-athletes should go to someone they trust before signing. Seemingly insignificant contract terms can end up costing student-athletes eligibility.