If an athlete agent enters into an agency contract with a student 3
athlete and the student athlete subsequently enrolls at an educational institution, 4
the athlete agent shall notify the athletic director of the educational institution of the 5
existence of the contract not later than 72 hours after the athlete agent knew or 6
should have known the student athlete enrolled.
440.9945 (4) of the statutes is created to read:
If an athlete agent has a relationship with a student athlete before 9
the student athlete enrolls in an educational institution and receives an athletic 10
scholarship from the educational institution, the athlete agent shall notify the 11
educational institution of the relationship not later than 10 days after the enrollment 12
if the athlete agent knows or should have known of the enrollment and any of the 13
following is true:
(a) The relationship was motivated in whole or part by the intention of the 15
athlete agent to recruit or solicit the student athlete for a future agency contract.
(b) The athlete agent directly or indirectly recruited or solicited the student 17
athlete for the purpose of executing an agency contract before the enrollment.
440.9945 (5) of the statutes is created to read:
An athlete agent shall give notice in a record to the athletic 20
director of any educational institution at which a student athlete is enrolled before 21
the athlete agent communicates or attempts to communicate with any of the 22
(a) The student athlete or, if the student athlete is a minor, a parent or guardian 24
of the student athlete, to influence the student athlete or parent or guardian to enter 25
into an agency contract.
(b) Any individual not identified in par. (a) to have that individual influence the 2
student athlete or, if the student athlete is a minor, the parent or guardian of the 3
student athlete, to enter into an agency contract.
440.9945 (6) of the statutes is created to read:
If a communication or attempt to communicate with an athlete 6
agent is initiated by a student athlete or another individual on behalf of the student 7
athlete, the athlete agent shall notify in a record the athletic director of any 8
educational institution at which the student athlete is enrolled. The notification 9
must be made not later than 10 days after the communication or attempt.
440.9945 (7) of the statutes is created to read:
A notice under subs. (1r) to (6) is exempt from disclosure under 12
s. 19.35 (1).
440.9945 (8) of the statutes is created to read:
An educational institution that becomes aware of a violation of 15
this subchapter by an athlete agent shall notify the department and any professional 16
league or players association with which the educational institution is aware the 17
athlete agent is licensed or registered of the violation.
440.995 (1) of the statutes is amended to read:
A student athlete or, if the student athlete is a minor, the parent
20or guardian of the student athlete
may cancel an agency contract by giving notice in
of the cancellation to the athlete agent in a record within not later than
days after the contract is signed.
440.995 (2) of the statutes is amended to read:
A student athlete or, if the student athlete is a minor, the parent
2or guardian of the student athlete
may not waive the right to cancel an agency 3
440.995 (3) of the statutes is amended to read:
If a student athlete, parent, or guardian
cancels an agency contract, 6
the student athlete, parent, or guardian
is not required to pay any consideration 7
under the contract or to return any consideration received from the athlete agent to 8induce influence
the student athlete to enter into the contract.
440.9955 (1) (intro.) of the statutes is amended to read:
(intro.) An athlete agent shall
retain for 5 years
all of 11
the following records for a period of 5 years
440.9955 (1) (b) of the statutes is amended to read:
agency contract entered into by the athlete agent.
440.9955 (1) (c) of the statutes is amended to read:
direct costs incurred by the athlete agent in the 16
recruitment or solicitation of a each
student athlete to enter into an agency contract
440.9955 (2) of the statutes is amended to read:
Records required by described in
sub. (1) to be retained
are open 19
to inspection by the department during normal business hours. Upon demand, an 20
athlete agent shall provide a copy of such a record to the department.
440.996 (1) (intro.) of the statutes is amended to read:
(intro.) An athlete agent, with the intent to induce influence
student athlete or, if the student athlete is a minor, the parent or guardian of the
to enter into an agency contract, may not
any of the following
1actions or encourage any other individual to take or assist another individual in
2taking any of the following actions on behalf of the athlete agent
440.996 (2) (intro.) of the statutes is amended to read:
(intro.) An athlete agent may not intentionally do any of the 5
following or encourage any other individual to do any of the following on behalf of the
440.996 (2) (a) of the statutes is amended to read:
(a) Initiate contact, directly or indirectly,
with a student athlete or,
9if the student athlete is a minor, a parent or guardian of the student athlete, to recruit
10or solicit the student athlete, parent, or guardian
unless registered under this 11
440.996 (2) (b) of the statutes is amended to read:
(b) Refuse or fail
to create or
retain or to
permit inspection of 14
the records required to be retained
by s. 440.9955.
440.996 (2) (g) of the statutes is amended to read:
(g) Fail to notify a student athlete
or, if the student athlete is a
17minor, the parent or guardian of the student athlete
before the student athlete,
18parent, or guardian
signs or otherwise authenticates
an agency contract for a 19
particular sport that the signing or authentication
may make the student athlete 20
ineligible to participate as a student athlete in that sport.
440.997 (1) of the statutes is amended to read:
An educational institution or student athlete
may bring an action 23
against an athlete agent for damages caused by a
if the educational institution or
24student athlete is adversely affected by an act or omission of the athlete agent in 25
violation of this subchapter. In an action under this subsection, the court may award
1to the prevailing party costs and, notwithstanding s. 814.04, reasonable attorney
2fees. An educational institution or student athlete is adversely affected by an act or
3omission of the athlete agent only if, because of the act or omission, the educational
4institution or an individual who was a student athlete at the time of the act or
5omission and enrolled in the institution suffers financial damage or is suspended or
6disqualified from participation in an interscholastic or intercollegiate sports event
7by or under the rules of a state or national federation or association that promotes
8or regulates interscholastic or intercollegiate sports.
440.997 (2) of the statutes is repealed.
440.997 (2m) of the statutes is created to read:
A plaintiff that prevails in an action under this section may 12
recover actual damages, costs, and, notwithstanding s. 814.04, reasonable attorney 13
fees. An athlete agent found liable under this section forfeits any right of payment 14
for anything of benefit or value provided to the student athlete and shall refund any 15
consideration paid to the athlete agent by or on behalf of the student athlete.
440.997 (3) of the statutes is repealed.
440.997 (3m) of the statutes is created to read:
Any violation of this subchapter by an athlete agent is an unfair 19
method of competition and unfair trade practice prohibited under s. 100.20.
440.997 (5) of the statutes is repealed.
440.9975 of the statutes is amended to read:
22440.9975 Administrative forfeiture.
The department may directly assess 23
a forfeiture against an athlete agent of not more than $25,000 $50,000
for a violation 24
of this subchapter.
440.998 of the statutes is amended to read:
1440.998 Uniformity of application and construction.
In applying and 2
construing this subchapter, consideration must be given to the need to promote 3
uniformity of the law with respect to its subject matter among the states that enact 4
the Uniform Athlete Agents Act and Revised Uniform Athlete Agents Act (2015)
440.9985 of the statutes is repealed and recreated to read:
6440.9985 Relation to Electronic Signatures in Global and National
This subchapter modifies, limits, or supersedes the Electronic 8
Signatures in Global and National Commerce Act, 15 USC 7001
, except that 9
this subchapter does not modify, limit, or supersede 15 USC 7001
(c) or authorize 10
electronic delivery of any of the notices described in 15 USC 7003
(1) Initial application procedures.
The treatment of s. 440.9915 (1) (intro.), 13
(a), (b), (bm), (c), (e), (f), (gm), (h), (he), (hm), (hs), (i), (j), (k), (L), (m), and (n) first 14
applies to an application for registration under that section received by the 15
department of safety and professional services on the effective date of this 16
(2) Reciprocal registration.
The treatment of s. 440.9915 (2) first applies to 18
an application for reciprocal registration under that section received by the 19
department of safety and professional services on the effective date of this 20
(3) Reciprocal registration renewal.
The treatment of s. 440.992 (5) first 22
applies to an application for renewal of a reciprocal registration received by the 23
department of safety and professional services on the effective date of this 24
(4) Agency contracts.
The treatment of s. 440.994 (1), (2) (intro.), (a), and (ag), 2
(3), (3m), (4), (5), and (6) first applies to an agency contract executed on the effective 3
date of this subsection.
(5) Prohibited conduct.
The treatment of s. 440.996 (1) (intro.) and (2) (intro.), 5
(a), (b), and (g) first applies to conduct that occurs on the effective date of this 6
(6) Civil remedies.
The treatment of s. 440.997 (1), (2), (2m), (3), (3m), and (5) 8
first applies to an action that accrues on the effective date of this subsection.
(7) Administrative forfeiture.
The treatment of s. 440.9975 first applies to a 10
violation that occurs on the effective date of this subsection.
This act takes effect on the first day of the 4th month beginning after 13