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