AB829,7,2118 (j) Any instance in which the conduct of the applicant or any person named
19pursuant to par. (f) or (g) resulted in the imposition of a sanction, suspension, or
20declaration of ineligibility to participate in an interscholastic or intercollegiate
21athletic event on a student athlete or educational institution.
AB829,7,2422 (k) Any sanction, suspension, or disciplinary action taken against the applicant
23or any person named pursuant to par. (f) or (g) arising out of occupational or
24professional conduct.
AB829,8,3
1(L) Whether there has been any denial of an application for, suspension or
2revocation of, or refusal to renew, the registration or licensure of the applicant or any
3person named pursuant to par. (f) or (g) as an athlete agent in any state.
AB829,8,9 4(2) An individual who has submitted an application for, and holds a certificate
5of, registration or licensure as an athlete agent in another state may submit a copy
6of the application and certificate in lieu of submitting an application in the form
7prescribed pursuant to sub. (1). The department shall accept the application and the
8certificate from the other state as an application for registration in this state if all
9of the following are satisfied:
AB829,8,1310 (a) The application to the other state was submitted in the other state within
11the 6 months next preceding the submission of the application in this state and the
12applicant certifies that the information contained in the application to the other
13state is current.
AB829,8,1614 (b) The application to the other state contains information substantially
15similar to or more comprehensive than that required in an application submitted in
16this state.
AB829,8,1817 (c) The application to the other state was signed by the applicant under penalty
18of perjury.
AB829,8,22 19440.992 Certificate of registration; issuance or denial; renewal. (1)
20Except as otherwise provided in sub. (2), the department shall issue a certificate of
21registration to an individual who complies with s. 440.9915 (1) or whose application
22has been accepted under s. 40.9915 (2).
AB829,9,2 23(2) The department may refuse to issue a certificate of registration if the
24department determines that the applicant has engaged in conduct that has a
25significant adverse effect on the applicant's fitness to act as an athlete agent. In

1making the determination, the department may consider whether the applicant has
2done any of the following:
AB829,9,43 (a) Notwithstanding ss. 111.321, 111.322, and 111.335, been convicted of a
4crime that, if committed in this state, would be a felony.
AB829,9,65 (b) Made a materially false, misleading, deceptive, or fraudulent
6representation in the application or as an athlete agent.
AB829,9,87 (c) Engaged in unprofessional conduct or conduct that would disqualify the
8applicant from serving in a fiduciary capacity.
AB829,9,99 (d) Engaged in conduct prohibited by s. 440.996.
AB829,9,1210 (e) Had a registration or licensure as an athlete agent suspended, revoked, or
11denied or been refused renewal of registration or licensure as an athlete agent in any
12state.
AB829,9,1613 (f) Engaged in conduct the consequence of which was that a sanction,
14suspension, or declaration of ineligibility to participate in an interscholastic or
15intercollegiate athletic event was imposed on a student athlete or educational
16institution.
AB829,9,1817 (g) Engaged in conduct that significantly adversely reflects on the applicant's
18credibility, honesty, or integrity.
AB829,9,20 19(3) In making a determination under sub. (2), the department shall consider
20each of the following:
AB829,9,2121 (a) How recently the conduct occurred.
AB829,9,2222 (b) The nature of the conduct and the context in which it occurred.
AB829,9,2323 (c) Any other relevant conduct of the applicant.
AB829,9,25 24(4) An athlete agent may apply to renew a registration by submitting an
25application for renewal in a form prescribed by the department. The application for

1renewal must be signed by the applicant under penalty of perjury and must contain
2current information on all matters required in an original registration. Applications
3submitted under this subsection shall be open to inspection at all reasonable hours
4authorized by representatives of the department.
AB829,10,10 5(5) An individual who has submitted an application for renewal of registration
6or licensure in another state, in lieu of submitting an application for renewal in the
7form prescribed under sub. (4), may file a copy of the application for renewal and a
8valid certificate of registration or licensure from the other state. The department
9shall accept the application for renewal from the other state as an application for
10renewal in this state if the application to the other state satisfies all of the following:
AB829,10,1311 (a) The application was submitted in the other state within the 6 months next
12preceding the filing in this state and the applicant certifies that the information
13contained in the application for renewal is current.
AB829,10,1614 (b) The application contains information substantially similar to or more
15comprehensive than that required in an application for renewal submitted in this
16state.
AB829,10,1717 (c) The application was signed by the applicant under penalty of perjury.
AB829,10,18 18(6) A certificate of registration or a renewal of a registration is valid for 2 years.
AB829,10,21 19440.9925 Suspension, revocation, or refusal to renew registration. (1)
20The department may suspend, revoke, or refuse to renew a registration for conduct
21that would have justified denial of registration under s. 440.992 (2).
AB829,10,23 22(2) The department may deny, suspend, revoke, or refuse to renew a certificate
23of registration or licensure only after proper notice and an opportunity for a hearing.
AB829,11,3 24440.993 Temporary registration. The department may issue a temporary
25certificate of registration while an application for registration or renewal of

1registration is pending. The department shall promulgate rules establishing
2requirements and procedures for applying for and issuing temporary certificates of
3registration.
AB829,11,8 4440.9935 Registration and renewal fees. An application for registration
5must be accompanied by the fee specified in s. 440.05 (1). The renewal dates for
6certificates of registration issued under this subchapter are specified in s. 440.08 (2)
7(a). Renewal applications shall be submitted to the department on a form provided
8by the department and shall include the fee specified in s. 440.08 (2) (a).
AB829,11,10 9440.994 Required form of contract. (1) An agency contract must be in a
10record, signed or otherwise authenticated by the parties.
AB829,11,11 11(2) An agency contract must state or contain all of the following:
AB829,11,1512 (a) The amount and method of calculating the consideration to be paid by the
13student athlete for services to be provided by the athlete agent under the contract
14and any other consideration that the athlete agent has received or will receive from
15any other source for entering into the contract or for providing the services.
AB829,11,1816 (b) The name of any person not listed in the application for registration or
17renewal of registration who will be compensated because the student athlete signed
18the agency contract.
AB829,11,1919 (c) A description of any expenses that the student athlete agrees to reimburse.
AB829,11,2020 (d) A description of the services to be provided to the student athlete.
AB829,11,2121 (e) The duration of the contract.
AB829,11,2222 (f) The date of execution.
AB829,11,25 23(3) An agency contract must contain, in close proximity to the signature of the
24student athlete, a conspicuous notice in boldface type and capital letters stating the
25following:
AB829,12,1
1WARNING TO STUDENT ATHLETE
AB829,12,22 IF YOU SIGN THIS CONTRACT:
AB829,12,43 1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT
4ATHLETE IN YOUR SPORT;
AB829,12,75 2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER
6ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT
7MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
AB829,12,108 3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER
9SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE
10YOUR ELIGIBILITY.
AB829,12,15 11(4) An agency contract that does not conform to this section is voidable by the
12student athlete. If a student athlete voids an agency contract, the student athlete
13is not required to pay any consideration under the contract or to return any
14consideration received from the athlete agent to induce the student athlete to enter
15into the contract.
AB829,12,17 16(5) The athlete agent shall give a record of the signed or otherwise
17authenticated agency contract to the student athlete at the time of execution.
AB829,12,23 18440.9945 Notice to educational institution. (1) Within 72 hours after
19entering into an agency contract or before the next scheduled athletic event in which
20the student athlete may participate, whichever occurs first, the athlete agent shall
21give notice in a record of the existence of the contract to the athletic director of the
22educational institution at which the student athlete is enrolled or the athlete agent
23has reasonable grounds to believe the student athlete intends to enroll.
AB829,13,3 24(2) Within 72 hours after entering into an agency contract or before the next
25athletic event in which the student athlete may participate, whichever occurs first,

1the student athlete shall inform the athletic director of the educational institution
2at which the student athlete is enrolled that he or she has entered into an agency
3contract.
AB829,13,6 4440.995 Student athlete's right to cancel. (1) A student athlete may cancel
5an agency contract by giving notice of the cancellation to the athlete agent in a record
6within 14 days after the contract is signed.
AB829,13,7 7(2) A student athlete may not waive the right to cancel an agency contract.
AB829,13,11 8(3) If a student athlete cancels an agency contract, the student athlete is not
9required to pay any consideration under the contract or to return any consideration
10received from the athlete agent to induce the student athlete to enter into the
11contract.
AB829,13,13 12440.9955 Required records. (1) An athlete agent shall retain all of the
13following records for a period of 5 years:
AB829,13,1414 (a) The name and address of each individual represented by the athlete agent.
AB829,13,1515 (b) Any agency contract entered into by the athlete agent.
AB829,13,1716 (c) Any direct costs incurred by the athlete agent in the recruitment or
17solicitation of a student athlete to enter into an agency contract.
AB829,13,20 18(2) Records required by sub. (1) to be retained are open to inspection by the
19department during normal business hours. Upon demand, an athlete agent shall
20provide a copy of such a record to the department.
AB829,13,22 21440.996 Prohibited conduct. (1) An athlete agent, with the intent to induce
22a student athlete to enter into an agency contract, may not do any of the following:
AB829,13,2423 (a) Give any materially false or misleading information or make a materially
24false promise or representation.
AB829,14,2
1(b) Furnish anything of value to a student athlete before the student athlete
2enters into the agency contract.
AB829,14,43 (c) Furnish anything of value to any individual other than the student athlete
4or another registered athlete agent.
AB829,14,5 5(2) An athlete agent may not intentionally do any of the following:
AB829,14,76 (a) Initiate contact with a student athlete unless registered under this
7subchapter.
AB829,14,98 (b) Refuse or fail to retain or permit inspection of the records required to be
9retained by s. 440.9955.
AB829,14,1010 (c) Fail to register when required by s. 440.991.
AB829,14,1211 (d) Provide materially false or misleading information in an application for
12registration or renewal of registration.
AB829,14,1313 (f) Predate or postdate an agency contract.
AB829,14,1714 (g) Fail to notify a student athlete before the student athlete signs or otherwise
15authenticates an agency contract for a particular sport that the signing or
16authentication may make the student athlete ineligible to participate as a student
17athlete in that sport.
AB829,14,19 18440.9965 Criminal penalties. An athlete agent who violates s. 440.996 may
19be fined not more than $10,000 or imprisoned for not more than 9 months or both.
AB829,14,24 20440.997 Civil remedies. (1) An educational institution may bring an action
21against an athlete agent or a former student athlete for damages caused by a
22violation of this subchapter. In an action under this subsection, the court may award
23to the prevailing party costs and, notwithstanding s. 814.04, reasonable attorney
24fees.
AB829,15,7
1(2) Damages of an educational institution under sub. (1) include losses and
2expenses incurred because, as a result of the conduct of an athlete agent or former
3student athlete, the educational institution was injured by a violation of this
4subchapter or was penalized, disqualified, or suspended from participation in
5athletics by a national association for the promotion and regulation of athletics, by
6an athletic conference, or by reasonable self-imposed disciplinary action taken to
7mitigate sanctions likely to be imposed by such an organization.
AB829,15,10 8(3) A right of action under this section does not accrue until the educational
9institution discovers or by the exercise of reasonable diligence would have discovered
10the violation by the athlete agent or former student athlete.
AB829,15,12 11(4) Any liability of the athlete agent or the former student athlete under this
12subchapter is several and not joint.
AB829,15,14 13(5) This subchapter does not restrict rights, remedies, or defenses of any person
14under law or equity.
AB829,15,17 15440.9975 Administrative forfeiture. The department may directly assess
16a forfeiture against an athlete agent of not more than $25,000 for a violation of this
17subchapter.
AB829,15,21 18440.998 Uniformity of application and construction. In applying and
19construing this subchapter, consideration must be given to the need to promote
20uniformity of the law with respect to its subject matter among the states that enact
21the Uniform Athlete Agents Act.
AB829,16,3 22440.9985 Electronic Signatures in Global and National Commerce Act.
23The provisions of this subchapter governing the legal effect, validity, or
24enforceability of electronic records or signatures, and of contracts formed or
25performed with the use of such records or signatures conform to the requirements

1of section 102 of the federal Electronic Signatures in Global and National Commerce
2Act, 15 USC 7002, and supersede, modify, and limit the federal Electronic Signatures
3in Global and National Commerce Act, 15 USC 7001 to 7031.
AB829,16,5 4440.999 Rules. The department shall promulgate rules that define
5unprofessional conduct for purposes of s. 440.992 (2) (c).
AB829, s. 4 6Section 4. Nonstatutory provisions.
AB829,16,157 (1) If an athlete agent, as defined in section 440.99 (2) of the statutes, as created
8by this act, or student athlete, as defined in section 440.99 (11) of the statutes, as
9created by this act, is subject to a contract that is in effect on the effective date of this
10subsection and that contains provisions that are inconsistent with subchapter XII of
11chapter 440 of the statutes, as created by this act, then, notwithstanding subchapter
12XII of chapter 440 of the statutes, as created by this act, the athlete agent or student
13athlete may perform his or her obligations, and exercise his or her rights, under that
14contract until the contract expires, is extended, is modified, or is renewed, whichever
15occurs first.
AB829, s. 5 16Section 5. Appropriation changes.
AB829,16,2217 (1) Position authorization. In the schedule under section 20.005 (3) of the
18statutes for the appropriation to the department of regulation and licensing under
19section 20.165 (1) (g) of the statutes, as affected by the acts of 2001, the dollar amount
20is increased by $31,900 for fiscal year 2002-03 to increase the authorized FTE
21positions for the department by 0.5 PR position to perform services related to the
22regulation of athlete agents.
AB829, s. 6 23Section 6. Initial applicability.
AB829,16,2524 (1) The treatment of section 440.9945 of the statutes first applies to contracts
25entered into on the effective date of this subsection.
AB829,17,2
1(2) The treatment of section 440.997 (2) of the statutes first applies to losses
2or expenses incurred on the effective date of this subsection.
AB829, s. 7 3Section 7. Effective date.
AB829,17,54 (1) This act takes effect on the first day of the 7th month beginning after
5publication.
AB829,17,66 (End)
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