SB117: Bill Text

SB117,58 Section 58. 440.9945 (5) of the statutes is created to read:

SB117,19,22 440.9945 (5) An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the athlete agent communicates or attempts to communicate with any of the following:

SB117,19,25 (a) The student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete, to influence the student athlete or parent or guardian to enter into an agency contract.

SB117,20,3 (b) Any individual not identified in par. (a) to have that individual influence the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete, to enter into an agency contract.

SB117,59 Section 59. 440.9945 (6) of the statutes is created to read:

SB117,20,9 440.9945 (6) If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the student athlete, the athlete agent shall notify in a record the athletic director of any educational institution at which the student athlete is enrolled. The notification must be made not later than 10 days after the communication or attempt.

SB117,60 Section 60. 440.9945 (7) of the statutes is created to read:

SB117,20,12 440.9945 (7) A notice under subs. (1r) to (6) is exempt from disclosure under s. 19.35 (1).

SB117,61 Section 61. 440.9945 (8) of the statutes is created to read:

SB117,20,17 440.9945 (8) An educational institution that becomes aware of a violation of this subchapter by an athlete agent shall notify the department and any professional league or players association with which the educational institution is aware the athlete agent is licensed or registered of the violation.

SB117,62 Section 62. 440.995 (1) of the statutes is amended to read:

SB117,20,22 440.995 (1) A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may cancel an agency contract by giving notice in a record of the cancellation to the athlete agent in a record within not later than 14 days after the contract is signed.

SB117,63 Section 63. 440.995 (2) of the statutes is amended to read:

SB117,21,3 440.995 (2) A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may not waive the right to cancel an agency contract.

SB117,64 Section 64. 440.995 (3) of the statutes is amended to read:

SB117,21,8 440.995 (3) If a student athlete, parent, or guardian cancels an agency contract, the student athlete, parent, or guardian is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce influence the student athlete to enter into the contract.

SB117,65 Section 65. 440.9955 (1) (intro.) of the statutes is amended to read:

SB117,21,11 440.9955 (1) (intro.) An athlete agent shall create and retain for 5 years all of the following records for a period of 5 years:

SB117,66 Section 66. 440.9955 (1) (b) of the statutes is amended to read:

SB117,21,13 440.9955 (1) (b) Any Each agency contract entered into by the athlete agent.

SB117,67 Section 67. 440.9955 (1) (c) of the statutes is amended to read:

SB117,21,16 440.9955 (1) (c) Any The direct costs incurred by the athlete agent in the recruitment or solicitation of a each student athlete to enter into an agency contract.

SB117,68 Section 68. 440.9955 (2) of the statutes is amended to read:

SB117,21,20 440.9955 (2) Records required by described in sub. (1) to be retained are open to inspection by the department during normal business hours. Upon demand, an athlete agent shall provide a copy of such a record to the department.

SB117,69 Section 69. 440.996 (1) (intro.) of the statutes is amended to read:

SB117,22,2 440.996 (1) (intro.) An athlete agent, with the intent to induce influence a student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete to enter into an agency contract, may not do take any of the following actions or encourage any other individual to take or assist another individual in taking any of the following actions on behalf of the athlete agent:

SB117,70 Section 70. 440.996 (2) (intro.) of the statutes is amended to read:

SB117,22,6 440.996 (2) (intro.) An athlete agent may not intentionally do any of the following or encourage any other individual to do any of the following on behalf of the athlete agent:

SB117,71 Section 71. 440.996 (2) (a) of the statutes is amended to read:

SB117,22,11 440.996 (2) (a) Initiate contact, directly or indirectly, with a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete, to recruit or solicit the student athlete, parent, or guardian unless registered under this subchapter.

SB117,72 Section 72. 440.996 (2) (b) of the statutes is amended to read:

SB117,22,14 440.996 (2) (b) Refuse or fail Fail to create or retain or to permit inspection of the records required to be retained by s. 440.9955.

SB117,73 Section 73. 440.996 (2) (g) of the statutes is amended to read:

SB117,22,20 440.996 (2) (g) Fail to notify a student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete before the student athlete, parent, or guardian signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport.

SB117,74 Section 74. 440.997 (1) of the statutes is amended to read:

SB117,23,8 440.997 (1) An educational institution or student athlete may bring an action against an athlete agent for damages caused by a if the educational institution or student athlete is adversely affected by an act or omission of the athlete agent in violation of this subchapter. In an action under this subsection, the court may award to the prevailing party costs and, notwithstanding s. 814.04, reasonable attorney fees. An educational institution or student athlete is adversely affected by an act or omission of the athlete agent only if, because of the act or omission, the educational institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution suffers financial damage or is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports.

SB117,75 Section 75. 440.997 (2) of the statutes is repealed.

SB117,76 Section 76. 440.997 (2m) of the statutes is created to read:

SB117,23,15 440.997 (2m) A plaintiff that prevails in an action under this section may recover actual damages, costs, and, notwithstanding s. 814.04, reasonable attorney fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the athlete agent by or on behalf of the student athlete.

SB117,77 Section 77. 440.997 (3) of the statutes is repealed.

SB117,78 Section 78. 440.997 (3m) of the statutes is created to read:

SB117,23,19 440.997 (3m) Any violation of this subchapter by an athlete agent is an unfair method of competition and unfair trade practice prohibited under s. 100.20.

SB117,79 Section 79. 440.997 (5) of the statutes is repealed.

SB117,80 Section 80. 440.9975 of the statutes is amended to read:

SB117,23,24 440.9975 Administrative forfeiture. The department may directly assess a forfeiture against an athlete agent of not more than $25,000 $50,000 for a violation of this subchapter.

SB117,81 Section 81. 440.998 of the statutes is amended to read:

SB117,24,4 440.998 Uniformity of application and construction. In applying and construing this subchapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact the Uniform Athlete Agents Act and Revised Uniform Athlete Agents Act (2015).

SB117,82 Section 82. 440.9985 of the statutes is repealed and recreated to read:

SB117,24,10 440.9985 Relation to Electronic Signatures in Global and National Commerce Act. This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, except that this subchapter does not modify, limit, or supersede 15 USC 7001 (c) or authorize electronic delivery of any of the notices described in 15 USC 7003 (b).

SB117,83 Section 83. Initial applicability.

SB117,24,16 (1) Initial application procedures. The treatment of s. 440.9915 (1) (intro.), (a), (b), (bm), (c), (e), (f), (gm), (h), (he), (hm), (hs), (i), (j), (k), (L), (m), and (n) first applies to an application for registration under that section received by the department of safety and professional services on the effective date of this subsection.

SB117,24,20 (2) Reciprocal registration. The treatment of s. 440.9915 (2) first applies to an application for reciprocal registration under that section received by the department of safety and professional services on the effective date of this subsection.

SB117,24,24 (3) Reciprocal registration renewal. The treatment of s. 440.992 (5) first applies to an application for renewal of a reciprocal registration received by the department of safety and professional services on the effective date of this subsection.

SB117,25,3 (4) Agency contracts. The treatment of s. 440.994 (1), (2) (intro.), (a), and (ag), (3), (3m), (4), (5), and (6) first applies to an agency contract executed on the effective date of this subsection.

SB117,25,6 (5) Prohibited conduct. The treatment of s. 440.996 (1) (intro.) and (2) (intro.), (a), (b), and (g) first applies to conduct that occurs on the effective date of this subsection.

SB117,25,8 (6) Civil remedies. The treatment of s. 440.997 (1), (2), (2m), (3), (3m), and (5) first applies to an action that accrues on the effective date of this subsection.

SB117,25,10 (7) Administrative forfeiture. The treatment of s. 440.9975 first applies to a violation that occurs on the effective date of this subsection.

SB117,84 Section 84. Effective date.

SB117,25,13 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB117,25,14 (End)