FHSAA approves name, image and likeness

The Florida High School Athletic Association voted Tuesday in favor of name, image and likeness agreements for athletes, a move that could reshape the high school sports landscape across the state.

The 13-member board of directors unanimously approved the measure.

Under the bill, which largely rewrites FHSAA Policy 9.9, the association will now allow high school students to earn money from their name, image and likeness, overcoming fears that NIL could accelerate recruitment and exacerbate competitive imbalance.

The measure takes effect in time for the 2024-25 season, meaning some Sunshine State high school athletes could begin receiving NIL benefits within a few months.

“This is not per se pay for performance. But I think we’re trying to avoid what happened on the college side,” said Sara Bayliss, a board member and college counselor at St. John Paul II Catholic Church in Tallahassee. “I don’t I don’t think it will be widely used, but our student-athletes should be compensated as long as it stays between the lines and doesn’t become a recruiting issue. If this happens, we will take care of it.

Meaning of NIL: What is NIL?

Under the NIL proposal, athletes will be allowed to profit from their name, image and likeness without endangering their athletic eligibility.

That could include, for example, corporate support, long prohibited by amateurism regulations for high school athletics and — until recent years — for college athletics as well.

Under the provisions of the new rules, students and their parents or guardians are responsible for negotiating any NIL agreement. FHSAA rules also prohibit athletes from making money with NIL using their school’s uniform, logo, equipment, or similar intellectual or physical properties.

One provision prohibits schools from using NIL to incentivize students to attend their program, and prohibits students from entering into an NIL agreement after an in-season transfer without a good cause exemption from the applicable school district.

Students violating NIL policies would result in a formal warning and termination of the agreement. A second offense would result in a one-year suspension.

FHSAA: no NIL collectives

While college-style NIL is coming to high school sports, college-style NIL collectives — at least if the FHSAA rules hold true — are not.

The FHSAA prohibits schools from creating collegiate-style NIL collectives, defined in Policy 9.9.4.4 as “cooperative groups, organizations, or businesses that exist to raise funds from donors and help facilitate NIL agreements for student-athletes, and/or create ways for athletes to monetize their NIL.

However, board members assessed the challenges of regulating collectives and how the association can control promotion clubs if they operate as de facto collectives.

“We don’t want to pay kids just because they’re great athletes. I think that’s the problem with colleges and NIL. They can’t control collectives,” said board member Ricky Bell, former director of student activities for Leon County Schools. “We don’t want to see this in high schools.”

The FHSAA also prohibits NIL transactions with certain types of organizations: adult entertainment, alcohol, tobacco and vaping products, cannabis and related substances, controlled substances and prescription drugs, gambling and related organizations, weapons and ammunition, or political or social activism.

What other states approve NIL for high school?

In approving NIL, Florida joins a growing number of athletic associations, which now include more than 30 states.

States also allowing NIL transactions starting in the fall are Alaska, California, Colorado, Connecticut, Georgia, Idaho, Illinois, Iowa, Kansas, Louisiana, Maine , Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey and New Mexico. , New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Utah, Virginia and Washington, as well as Washington, DC

However, unlike most other states, Florida has open enrollment policies, which has sparked concerns that NIL could further accelerate the pace of player transfers in the state. FHSAA Executive Director Craig Damon proposed language last month that would have prevented transferring players from receiving NIL agreements, but was rejected by the board.

What is Florida’s NIL history?

Until now, NIL for high school athletes was not an option for Florida: as recently as 2021, former Executive Director George Tomyn reiterated that students accepting NIL offers would face a period of One-year ineligibility. But this policy continues to encounter difficulties.

In 2022, Westminster Christian baseball player Sal Stewart and University of Miami football player Gilbert Frierson sued the FHSAA and several other entities after the FHSAA’s bylaws blocked Stewart from agreeing to an NIL agreement with LifeWallet.

A year and a half ago, Bartram Trail women’s lacrosse forward Ryann Frechette reached a void preliminary agreement with a Maryland-based equipment manufacturer, but the FHSAA board of directors rejected the agreement following an appeal.

What are the reactions?

While board members largely celebrated the vote, supporters and opponents alike acknowledged that sports in the Sunshine State were sailing into uncharted waters.

Miami-Dade County School Board member Monica Colucci said the FHSAA’s NIL vote would “put us on par with the rest of the country.”

“This is something new. We’re entering new territory for the state of Florida,” she said.

Paul Selvidio, Naples Community School board member and chief financial officer, said he would have preferred different details, but he welcomed the move allowing high school students to take advantage of their athletic talents.

“I think there’s a lot of fear, but I have faith in the system and that the free market will regulate all of this,” Selvidio said.

Selvidio acknowledges, however, that it will be difficult to enforce the regulations.

“Schools don’t have a compliance department,” he said. “If the NCAA cannot regulate regulations with its thousands of employees, it is unreasonable to think that the schools or the association can. We are not equipped for this.

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