440.9945 (6) If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the student athlete, the athlete agent shall notify in a record the athletic director of any educational institution at which the student athlete is enrolled. The notification must be made not later than 10 days after the communication or attempt.
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Section
60. 440.9945 (7) of the statutes is created to read:
440.9945 (7) A notice under subs. (1r) to (6) is exempt from disclosure under s. 19.35 (1).
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Section
61. 440.9945 (8) of the statutes is created to read:
440.9945 (8) An educational institution that becomes aware of a violation of this subchapter by an athlete agent shall notify the department and any professional league or players association with which the educational institution is aware the athlete agent is licensed or registered of the violation.
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Section
62. 440.995 (1) of the statutes is amended to read:
440.995 (1) A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may cancel an agency contract by giving notice in a record of the cancellation to the athlete agent in a record within not later than 14 days after the contract is signed.
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Section
63. 440.995 (2) of the statutes is amended to read:
440.995 (2) A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may not waive the right to cancel an agency contract.
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Section
64. 440.995 (3) of the statutes is amended to read:
440.995 (3) If a student athlete, parent, or guardian cancels an agency contract, the student athlete, parent, or guardian is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce influence the student athlete to enter into the contract.
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Section
65. 440.9955 (1) (intro.) of the statutes is amended to read:
440.9955 (1) (intro.) An athlete agent shall
create and retain for 5 years all of the following records
for a period of 5 years:
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Section
66. 440.9955 (1) (b) of the statutes is amended to read:
440.9955 (1) (b) Any Each agency contract entered into by the athlete agent.
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67. 440.9955 (1) (c) of the statutes is amended to read:
440.9955 (1) (c) Any The direct costs incurred by the athlete agent in the recruitment or solicitation of a each student athlete to enter into an agency contract.
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Section
68. 440.9955 (2) of the statutes is amended to read:
440.9955 (2) Records required by
described in sub. (1) to be retained are open to inspection by the department during normal business hours. Upon demand, an athlete agent shall provide a copy of such a record to the department.
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Section
69. 440.996 (1) (intro.) of the statutes is amended to read:
440.996 (1) (intro.) An athlete agent, with the intent to induce a student athlete to enter into an agency contract, may not intentionally do any of the following or encourage another individual to do or assist another individual in doing any of the following on behalf of the athlete agent:
180,69c
Section 69c. 440.996 (1) (a) of the statutes is amended to read:
440.996 (1) (a) Give any a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the student athlete, parent, or guardian to enter into an agency contract.
180,69g
Section 69g. 440.996 (1) (b) of the statutes is renumbered 440.996 (1) (b) (intro.) and amended to read:
440.996 (1) (b) (intro.) Furnish anything a thing of value to a student athlete before the student athlete enters into the agency contract. or another individual, if to do so may result in the loss of the student athlete's eligibility to participate in the student athlete's sport, unless both of the following apply:
180,69n
Section 69n. 440.996 (1) (b) 1. of the statutes is created to read:
440.996 (1) (b) 1. The athlete agent notifies the athletic director of the educational institution at which the student athlete is enrolled or at which the athlete agent has reasonable grounds to believe the student athlete intends to enroll, not later than 72 hours after furnishing the thing of value.
180,69r
Section 69r. 440.996 (1) (b) 2. of the statutes is created to read:
440.996 (1) (b) 2. The student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete acknowledges to the athlete agent in a record that receipt of the thing of value may result in the loss of the student athlete's eligibility to participate in the student athlete's sport.
180,69w
Section 69w. 440.996 (1) (c) of the statutes is repealed.
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Section
70. 440.996 (2) (intro.) of the statutes is amended to read:
440.996 (2) (intro.) An athlete agent may not intentionally do any of the following or encourage another individual to do or assist another individual in doing any of the following on behalf of the athlete agent:
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Section
71. 440.996 (2) (a) of the statutes is amended to read:
440.996 (2) (a) Initiate contact, directly or indirectly, with a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete, to recruit or solicit the student athlete, parent, or guardian unless registered under this subchapter.
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Section
72. 440.996 (2) (b) of the statutes is amended to read:
440.996 (2) (b) Refuse or fail
Fail to create or retain or to permit inspection of the records required
to be retained by s. 440.9955.
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Section
73. 440.996 (2) (g) of the statutes is amended to read:
440.996 (2) (g) Fail to notify a student athlete
or, if the student athlete is a minor, the parent or guardian of the student athlete before the student athlete, parent, or guardian signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student athlete ineligible
result in the loss of the student athlete's eligibility to participate as a student athlete in that in the student athlete's sport.
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Section
74. 440.997 (1) of the statutes is amended to read:
440.997 (1) An educational institution or student athlete may bring an action against an athlete agent for damages caused by a if the educational institution or student athlete is adversely affected by an act or omission of the athlete agent in violation of this subchapter. In an action under this subsection, the court may award to the prevailing party costs and, notwithstanding s. 814.04, reasonable attorney fees. An educational institution or student athlete is adversely affected by an act or omission of the athlete agent only if, because of the act or omission, the educational institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution suffers financial damage or is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports.
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Section
75. 440.997 (2) of the statutes is repealed.
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Section
76. 440.997 (2m) of the statutes is created to read:
440.997 (2m) A plaintiff that prevails in an action under this section may recover actual damages, costs, and, notwithstanding s. 814.04, reasonable attorney fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the athlete agent by or on behalf of the student athlete.
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Section
77. 440.997 (3) of the statutes is repealed.
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Section
78. 440.997 (3m) of the statutes is created to read:
440.997 (3m) Any violation of this subchapter by an athlete agent is an unfair method of competition and unfair trade practice prohibited under s. 100.20.
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Section
79. 440.997 (5) of the statutes is repealed.
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Section
80. 440.9975 of the statutes is amended to read:
440.9975 Administrative forfeiture. The department may directly assess a forfeiture against an athlete agent of not more than $25,000 $50,000 for a violation of this subchapter.
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Section
81. 440.998 of the statutes is amended to read:
440.998 Uniformity of application and construction. In applying and construing this subchapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact the Uniform Athlete Agents Act and Revised Uniform Athlete Agents Act (2015).
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Section
82. 440.9985 of the statutes is repealed and recreated to read:
440.9985 Relation to Electronic Signatures in Global and National Commerce Act. This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, except that this subchapter does not modify, limit, or supersede 15 USC 7001 (c) or authorize electronic delivery of any of the notices described in 15 USC 7003 (b).
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Section
83.
Initial applicability.
(1) Initial application procedures. The treatment of s. 440.9915 (1) (intro.), (a), (b), (bm), (c), (e), (f), (gm), (h), (he), (hm), (hs), (i), (j), (k), (L), (m), and (n) first applies to an application for registration under that section received by the department of safety and professional services on the effective date of this subsection.
(2) Reciprocal registration. The treatment of s. 440.9915 (2) first applies to an application for reciprocal registration under that section received by the department of safety and professional services on the effective date of this subsection.
(3) Reciprocal registration renewal. The treatment of s. 440.992 (5) first applies to an application for renewal of a reciprocal registration received by the department of safety and professional services on the effective date of this subsection.
(4) Agency contracts. The treatment of s. 440.994 (1), (2) (intro.), (a), and (ag), (3), (3m), (4), (5), and (6) first applies to an agency contract executed on the effective date of this subsection.
(5) Prohibited conduct. The treatment of s. 440.996 (1) (intro.) and (2) (intro.), (a), (b), and (g) first applies to conduct that occurs on the effective date of this subsection.
(6) Civil remedies. The treatment of s. 440.997 (1), (2), (2m), (3), (3m), and (5) 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 violation that occurs on the effective date of this subsection.
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Section
84.
Effective date.
(1) This act takes effect on the first day of the 4th month beginning after publication.
