Florida’s proposal to allow name, image and likeness in high school

The Florida High School Athletic Association (FHSAA) is set to discuss a proposal that would allow the state’s prep athletes to make money off their name, image and likeness, or NIL.

One wrinkle guards against the fear that allowing name, image and likeness would lead to even more transfers as players try to find deals — or are encouraged by others to find them. Under this draft, a player who transfers high schools in-season can’t secure an NIL deal that season unless an exemption is granted by the FHSAA, the state’s chief governing body for prep sports.

The draft — set to be discussed at Monday’s board of directors meeting — is the framework of a policy change that would let Florida join at least 30 other states in this quickly evolving space.

Under the draft:

• High school athletes could monetize their name, image and likeness without losing their eligibility in the state. Players are encouraged to communicate with college organizations, like the NCAA and NAIA, to make sure they remain eligible for those opportunities.

• Permissible NIL opportunities include promotional activities, social media work, commercial endorsements and other ads. There’s nothing in the draft that says the FHSAA must approve deals or companies that can be involved — a possibility that was discussed during a recent committee meeting in the Florida Legislature.

• Players could not, however, be involved in adult entertainment, vaping, alcohol, tobacco, cannabis or other drugs. Gambling and firearms are off limits, too.

• Players and the families must negotiate deals “independent of their school, school district, or the FHSAA.” School employees and boosters couldn’t “form, direct, offer, provide, or otherwise engage” in name, image and likeness activity. Using NIL as a recruiting inducement is also forbidden.

• Players couldn’t use school logos, uniforms or equipment for name, image and likeness purposes, including on social media. They also can’t promote how many FHSAA championships they’ve won or advertise their work during school activities.

• Deals must end at high school graduation. That’s notable if college teams’ collectives try to sign recruits to deals that begin in high school and continue to the next level.

The proposed guidelines also encourage students and their families to get outside legal and tax advice while pursuing opportunities. They also cross out a current provision against “capitalizing on athletic fame by receiving money or gifts of a monetary nature.”