FHSAA releases initial draft of name, image and likeness legislation; board will meet Monday

St. Augustine football players break through the banner before a state semifinal game against Dunbar. (Ralph Priddy, News4JAX)

JACKSONVILLE, Fla. – The Florida High School Athletic Association unveiled its initial name, image and likeness proposal on Friday, a first step in becoming the latest state to allow athletes here to profit long before they reach college.

In advance of its Monday board of directors meeting where NIL legislation will be discussed for the first time, the FHSAA released its Policy 9.9, which outlines a number of items tied for NIL at the high school level. The FHSAA suggests that athletes and their families seek legal and tax advice and said it is committed to providing as much information as possible in a relatively nascent industry that has radically altered the landscape of the college level.

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RELATED: Read the proposal

NIL in high school is still developing. The FHSAA cited that 30 states and the District of Columbia have adopted NIL legislation as of last October. The FHSAA and the National Federation of High School Associations had been steadfast in opposition to NIL in recent years, but the wave in college and now high school has all but forced states to face it head on or be dragged into court to fight it. The FHSAA had already been sued in a Miami court in January 2022 by athletes who were in high school to allow NIL.

Students who transfer in season will not be permitted to accept an NIL deal, barring an exemption from the FHSAA. A violation of the policy starts with a warning and a possible termination or modification of the NIL agreement. Second and third violations include suspension for a year and then permanent ineligibility rulings.

Among some of the highlights of the draft:

  • Students can’t promote those services during events, school or FHSAA activities.
  • They will not be permitted to reference their school, school district accolades or championships in any NIL agreement.
  • No NIL deal can reference school or FHSAA or National Federation of High School emblems or logos.
  • Products or services that are off-limits to students as part of NIL deals include: adult entertainment, alcohol, cannabis, tobacco or vaping products, gambling or weapons of any kind.

Last October, the Georgia High School Association voted overwhelmingly to allow NIL to athletes in the Peach State. The FHSAA’s draft has similar language as the GHSA. The FHSAA opened a survey last month to get input on NIL. That information is expected to be available during Monday’s meeting. Among local players and coaches, annual News4JAX surveys have shifted in recent years in favorability on NIL. Last year, fewer players said they were in favor of it, but 63 of 92 said they were in favor of it.

In 2022, 24 of 29 coaches said NIL in high school was a bad idea. Last year, 10 said it was a bad idea, nine said it was a good idea and two said it was neither bad nor good.


About the Author

Justin Barney joined News4Jax in February 2019, but he’s been covering sports on the First Coast for more than 20 years.

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