Since July 1, a new law passed allowing student-athletes at a post-secondary institution in Florida to earn compensation for use of his/her name, image, or likeness (NIL). In conjunction with this law, and similar laws across the country, the NCAA waived application of Bylaw 12.5, which permits student-athletes to profit from their NIL in accordance with the state law connected to the institution that the student-athlete attends and that institution’s NIL policy. The following are key takeaways from the Florida State Law and the University of Miami’s NIL policy.
- The Florida law governing NIL applies to any NIL agreement a student-athlete enters into or could potentially enter into.
- Violation of the Florida NIL law could result in prosecution by the state or result in NCAA eligibility being affected, as NCAA rules state that student-athletes must abide by their state’s law.
- The University of Miami—including all of its faculty and staff members—may not compensate or “cause compensation” for a student-athlete.
- Student-athletes may be represented by an attorney who is in good standing with the Florida Bar or are registered with the Florida Department of Business and Professional Regulation. This representation is for NIL activities only and may not include athletics representation either presently or in the future.
- Student-athletes must disclose any and all NIL activities and must include proof the NIL activity is completed and proof of the agreement between the student-athlete and the compensating party.
- Student-athletes may not use University of Miami facilities, team-issued gear/equipment, photos/videos provided by the athletics department or University of Miami intellectual property—this would be considered “causing compensation.”
- The University of Miami may not reduce or cancel an athletics scholarship award to a student-athlete as a result of him or her earning compensation from an NIL activity, or for obtaining professional representation for the purposes of NIL activity.
- Student-athletes may not be paid for athletic ability, either in the present or future.
- Student-athletes may still use their NIL in association with nonprofit organizations and the University may continue to use a student-athlete’s NIL for institutional promotions.
For more information about NCAA or ACC rules, contact University of Miami Athletics at athleticscompliance@miami.edu or 305-284-2692.
