Agent fees could be capped in ‘NIL’ deals in Florida

By Jim Turner ©2025 The News Service of Florida

TALLAHASSEE — A Florida House panel Wednesday approved a proposal that would cap the fees of agents representing college and high-school athletes who get paid through name, image and likeness deals.

The House Industries & Professional Activities Subcommittee voted 15-1 to back a bill (HB 981) that supporters say would help athletes by requiring schools to educate them about what are commonly known as “NIL” deals and allow them to seek advice about compensation from coaches.

The bill would limit agent fees to 5 percent when working with college or high school athletes or NIL “collectives.”

Sponsor Yvette Benarroch, R-Marco Island, said the bill seeks to provide structure to the NIL system, which has become a prominent issue in college and high-school athletics during the past few years, and to “weed out the predators that are trying to take advantage of our students.”

“There have been some cases … where agents have been charging 20 to 30 percent fees on students,” Benarroch said. “There was recently a case also where a student contract was automatically renewed for five more years and took away the opportunities for that student to find another agent.”

Rep. Fiona McFarland, R-Sarasota, cast the only dissenting voters and raised questions about whether the agent-fee cap could put Florida’s college athletes at a disadvantage “compared to athletes in other states.” She also alluded to what is known as the college “transfer portal,” which many athletes in recent years have used to change schools.

“If we stifle the marketplace in Florida, with the transfer portal, we’ll lose great athletes,” McFarland said. “Yes, we’ll have benevolent agents that will do the job for 5 percent commission. But we’ll also have agents that won’t do the job for a 5 percent commission. I don’t want Florida athletes to suffer as a result of it. I don’t want them to be robbed either.”

But Industries & Professional Activities Chairman Mike Giallombardo, R-Cape Coral, said the limit on agent compensation could be a draw for athletes to come to Florida schools.

“It’s kind of a selling point, keep more money in your pocket,” Giallombardo said.

The bill also includes proposed changes such as calling for the Department of Business and Professional Regulation to maintain a database of licensed agents, which would be posted online.

Under the bill, the Florida High School Athletic Association and schools would be prohibited from requiring high-school athletes to register compensation that they receive.

Athletes under age 18 would have to have permission from parents to enter NIL deals or to consult on such matters with coaches or other advisers at their schools. Currently, they cannot consult with such people at their schools.

Rep. Judson Sapp, R-Green Cove Springs, said “coaches need structure, and this goes a long way to providing structure. And structure provides answers.”

The proposal doesn’t outline if coaches or other advisers could be paid, which McFarland said needs to be addressed as the bill advances.

Schools would have to maintain a list of people advising athletes and would be encouraged to provide educational assistance about NIL opportunities, financial literacy and contractual obligations for students looking to transition to college.

NIL deals, under the bill, couldn’t be made with adult entertainment companies, for products that involve alcohol, tobacco, vaping, nicotine, prescription pharmaceuticals or firearms, or companies involved with sports betting.

Sen. Corey Simon, a Tallahassee Republican who is a former Florida State University and NFL football player, has filed a Senate bill (SB 1584) that deals with agent compensation, but it has not been heard in committees. The House bill would need to clear the Education & Employment Committee and the Commerce Committee before it could go to the full House.

Last year, the State Board of Education ratified a plan by the Florida High School Athletic Association that allows high school athletes to get paid through NIL deals.

The plan, which overhauled a section of the association’s bylaws that govern “amateurism,” allowed student-athletes to brand themselves for commercial endorsements, promotional activities and through social media.

The rule prohibited high schools from using the promise of NIL deals to recruit players. High-school athletes can’t be paid for on-field activities.