Florida Department of Education (FLDOE) officially ratifies approval of NIL

FHSAA officially becomes the nation’s 36th state to have ratified NIL rules

FHSAA Chief Executive Officer Craig Damon (left) and Vanguard head football coach Edwin Farmer share a laugh during the 2024 North Central Florida High School Football Media Day at the Alachua County Sports Complex in Gainesville, Fla. Wednesday July 17, 2024. On Wednesday, Damon spoke on the state's new NIL policy before the State Board of Education, before the policy was ratified. / Doug Engle/Ocala Star-Banner / USA TODAY

Florida high school athletes can now officially join those from a growing list of states to profit from their Name, Image and Likeness (NIL).

On Wednesday, the Florida Department of Education (FLDOE) ratified new guidelines to make Florida the 36th state to adopt an NOL policy for high school athletes, heading into the 2024-2025 school year. Name, Image and Likeness has now arrived in the Sunshine State officially.

Florida High School Athletic Association (FHSAA) Executive Director Craig Damon spoke to the board on Wednesday morning, explaining that the association had an emergency board meeting earlier in the week to rework some of the NIL rules language after the discovery of an NIL club. According to WCTV's Alison Posey, the club was acting as a collective, which is not allowed per the rules set by the FHSAA.

According to many coaches around the state, 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 major spike in athletic transfers in recent years, especially among football players. The fear among some is that the lure of NIL opportunities could increase the transfer rate even more. With the approval of NIL, that fear can now turn into reality.

“Our transfer rules are very open, therefore it will be used for ‘recruiting’ kids to schools,” said Pasco County School Board Athletic Director Matt Wicks said back in June. “I think NIL will force the FHSAA to look at transfer rules and hopefully make things more stringent.”

From county athletic directors to head football coaches, news of a NIL policy being adoped in Florida seems to bring more concern than it does hope for the game of high school football.

“Kids will follow the money, a lot of empty promises will be made," Cardinal Gibbons head coach Matt DuBuc said in June. "Kids will follow the coach if he leaves a school. What we all have been taught or preached to over the years is now going to be worth money only. I hope the brain trust has a back up plan if this thing begins to spin out of control. Who will put a value on what someone is worth?”

Florida’s NIL policy comes with the following restrictions:

• Student-athletes and their parents are responsible for negotiating their own NIL deals. No agent of the school, such as a coach or booster, can take part in arranging a deal.
• The use of school logos, uniforms, team names, etc. in any NIL promotions is strictly prohibited.
• Student-athletes who transfer during a season are prohibited from securing NIL deals for that season, unless granted a special exemption.
• Schools and boosters cannot offer NIL deals as an inducement to recruit athletes away from other schools.
• Schools are prohibited from setting up college-style NIL collectives. Collectives are organizations created to raise funds to facilitate NIL deals for student-athletes.

Prior to today, Florida was one of just a handful states that had not yet approved a NIL policy for its student-athletes. Alabama, Kentucky, Mississippi and South Carolina are other notable Southeastern states that have yet to approve a NIL policy.

According to Dan LaForest, a licensed agent with Influencers Counsel, the NIL will not provide the same windfall to high school athletes as realized by those on the college level, but it may be bigger in Florida high school sports than other states.

“I think it could have a bigger impact than most people think,” LaForest said. “Keep in mind, not for everyone. There are many ways for players to profit but it won’t be as significant as it has been for college players.”

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