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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Chapter 468
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F.S. 468.453
468.453 Licensure required; qualifications; license nontransferable; service of process; temporary license; license or application from another state.
(1) Any person who practices as an athlete agent in this state must be licensed pursuant to this part.
(2) A person shall be licensed as an athlete agent if the applicant:
(a) Is at least 18 years of age.
(b) Is of good moral character.
(c) Has completed the application form and remitted an application fee not to exceed $500, an active licensure fee not to exceed $2,000, and all other applicable fees provided for in this part or in chapter 455.
(d) Has submitted to the department fingerprints for a criminal history records check. The fingerprints shall be forwarded to the Division of Criminal Justice Information Systems within the Department of Law Enforcement for processing to determine whether the applicant has a criminal history record. The fingerprints shall also be forwarded to the Federal Bureau of Investigation to determine whether the applicant has a criminal history record. The information obtained by the processing of the fingerprints by the Department of Law Enforcement and the Federal Bureau of Investigation shall be sent to the department to determine whether the applicant is statutorily qualified for licensure.
(e) Has not in any jurisdiction, within the preceding 5 years, been convicted or found guilty of or entered a plea of nolo contendere for, regardless of adjudication, a crime which relates to the applicant’s practice or ability to practice as an athlete agent.
(3) An unlicensed individual may act as an athlete agent if:
(a) A student athlete or person acting on the athlete’s behalf initiates communication with the individual; and
(b) Within 7 days after an initial act as an athlete agent, the individual submits an application for licensure.
(4) A license issued to an athlete agent is not transferable.
(5) By acting as an athlete agent in this state, a nonresident individual appoints the department as the individual’s agent for service of process in any civil action related to the individual’s acting as an athlete agent.
(6) The department may issue a temporary license while an application for licensure is pending. If the department issues a notice of intent to deny the license application, the initial temporary license expires and may not be extended during any proceeding or administrative or judicial review.
(7)(a) An individual who has submitted an application and holds a certificate, registration, or license as an athlete agent in another state may submit a copy of the application and certificate, registration, or license from the other state in lieu of submitting an application in the form prescribed pursuant to this section. The department must accept the application and the certificate from the other state as an application for registration in this state if the application in the other state:
1. Was submitted in the other state within 6 months next preceding the submission of the application in this state and the applicant certifies that the information contained in the application is current;
2. Contains information substantially similar to or more comprehensive than that required in an application submitted in this state; and
3. Was signed by the applicant under penalty of perjury.
(b) An applicant applying under this subsection must meet all other requirements for licensure as provided by this part.
(8) Notwithstanding subsection (3), a person must hold a valid license as an athlete agent to act as an athlete agent representing an intercollegiate athlete for purposes of contracts that allow an intercollegiate athlete to profit from the commercial use of her or his name, image, or likeness and to be protected from unauthorized appropriation and commercial exploitation of her or his right to publicity, including her or his name, image, or likeness.
History.s. 3, ch. 88-229; s. 42, ch. 89-162; s. 1, ch. 89-296; s. 4, ch. 91-429; s. 143, ch. 94-218; s. 3, ch. 95-307; s. 88, ch. 98-166; s. 140, ch. 99-251; s. 147, ch. 2000-160; s. 2, ch. 2002-24; s. 41, ch. 2013-116; s. 2, ch. 2020-28; s. 20, ch. 2021-35; ss. 1, 2, ch. 2021-217; s. 1, ch. 2023-4.