Florida Statutes 468.45615 – Provision of illegal inducements to athletes prohibited; penalties; license suspension
Current as of: 2024 | Check for updates
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(1) Any person who violates s. 468.456(1)(f) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, s. 775.089, or s. 775.091.
(2)(a) Regardless of whether adjudication is withheld, any person convicted or found guilty of, or entering a plea of nolo contendere to, the violation described in subsection (1) shall not employ, utilize, or otherwise collaborate with a licensed or unlicensed athlete agent in Florida to illegally recruit or solicit student athletes. Any person who violates the provisions of this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, s. 775.089, or s. 775.091.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the second degree | up to 15 years | up to $10,000 |
Terms Used In Florida Statutes 468.45615
- Contract: A legal written agreement that becomes binding when signed.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(b) Regardless of whether adjudication is withheld, any person who knowingly actively assists in the illegal recruitment or solicitation of student athletes for a person who has been convicted or found guilty of, or entered a plea of nolo contendere to, a violation of this section is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, s. 775.089, or s. 775.091.
(3) In addition to any other penalties provided in this section, the court may suspend the license of the person pending the outcome of any administrative action against the person by the department.
(4)(a) An athlete agent, with the intent to induce a student athlete to enter into an agent contract, may not:
1. Give any materially false or misleading information or make a materially false promise or representation;
2. Furnish anything of value to a student athlete before the student athlete enters into the agent contract; or
3. Furnish anything of value to any individual other than the student athlete or another athlete agent.
(b) An athlete agent may not intentionally:
1. Initiate contact with a student athlete unless licensed under this part;
2. Refuse or fail to retain or permit inspection of the records required to be retained by s. 468.4565;
3. Provide materially false or misleading information in an application for licensure;
4. Predate or postdate an agent contract;
5. Fail to give notice of the existence of an agent contract as required by s. 468.454(6); or
6. Fail to notify a student athlete before the student athlete signs or otherwise authenticates an agent contract for a sport that the signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport.