FHSAA issues stern warning to athletes about new NIL bylaw

Athletes are advised that a company may be seeking to collect NIL funds in order to compensate athletes in violation of FHSAA Bylaw 9.9 on Amateurism

Though Name, Image and Likeness (NIL) has yet to be ratified by the Florida High School Athletic Association (FHSAA), the governing body has issued a stern warning to athletes around the state.

Last Thursday on June 20th, the FHSAA issued a stern warning to athletes that though the board of directors have unanimously approved a revision of the FHSAA Bylaw 9.9, that the policy has not be placed into law as of yet.

Pending ratification by the Florida Department of Education (FLDOE), Florida will become the 36th state to adopt similar guidelines for high school athletes. That ratification won't take place, though, until July 24th. Until then, high school athletes are unable to negotiate or sign any NIL deals.

Per @fhsaa: #NIL has not been ratified by the Board of Education until July 24th meeting.

THEREFORE, you can not sign with an agent or sign an #NIL deal until it is complete.

It could be considered a violation and cost your eligibility.@TeamCounsel @Andy_Villamarzo… pic.twitter.com/g0TyhvpKqR

— Dan LaForest 🏈 (@DanLaForestFB) June 6, 2024

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Dear FHSAA Member School Principals and Athletic Directors:

On June 4, 2024, the Florida High School Athletic Association’s (FHSAA) Board of Directors unanimously approved the revision of FHSAA Bylaw 9.9, Amateurism, to include Name, Image, and Likeness (NIL), please see attached Bylaw. 

The discussion on revising this policy to include NIL was initiated in the fall of 2023. There was subsequent discussion at the April meeting, followed by a Board of Directors workshop on NIL. Throughout this process, the public and FHSAA member schools were afforded the opportunity to provide feedback and if so inclined, to speak before the Board of Directors of the FHSAA. 

It is of the utmost importance that you note that FHSAA Bylaw 9.9 Amateurism and Name, Image, and Likeness (NIL) is NOT to be implemented, until it is ratified by the State Board of Education. Specific directions for its implementation will be provided to member schools by the FHSAA upon ratification. Until then, FHSAA Bylaw 9.9 Amateurism, remains in effect.

The FHSAA has been apprised that there may be a company that is seeking to collect money to provide NIL compensation to student-athletes, which is strictly prohibited by FHSAA Bylaw 9.9 Amateurism, which remains in effect. This is a violation of FHSAA Bylaw 9.9 Amateurism and subject to sanctions including loss of amateur status. You may check the website of this company by going to the following: www.nilclub.com (http://www.nilclub.com/).

Please meet with your principal, coaches, parents, student-athletes and any other representatives of the school’s athletic interest and clearly emphasize that FHSAA Bylaw 9.9 Amateurism and Name, Image, and Likeness has not been ratified by the State Board of Education, and as such, FHSAA Bylaw 9.9 Amateurism, remains in effect, and that no NIL activities are to be conducted.

The FHSAA will correspond with member schools through multiple platforms to educate them on FHSAA Bylaw 9.9, Amateurism, and Name, Image, and Likeness, and answer any questions they may have upon its ratification.

If you have any questions, please contact this office.

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Florida already has transfer issues. Unlike Georgia, its neighbor to the north, and most other states, Florida has open enrollment when it comes to academics and athletics. This has led to a spike in athletic transfers in recent years, especially among football players.

The impending ratification of NIL in late July has only added another dimension that high school sports programs have to deal with as the upcoming Florida 2024-2025 season is set to begin on August 1st.

-- Andy Villamarzo | villamarzo@scorebooklive.com | @sblivefl