Bitman Law runs Influencer Counsel, a trade-named NIL agency, to provide legal support to student-athletes, brands, and representatives navigating Name, Image, and Likeness agreements in Florida and elsewhere. While Influencer Counsel focuses on branding and marketing strategy, our legal team ensures that each agreement is legally sound, enforceable, and compliant with state and institutional regulations.
In an industry where an athlete’s reputation, branding, and image can shift overnight, a single misstep in an agreement can jeopardize eligibility, earnings, or long-term visibility. The sections below outline key considerations under Florida’s NIL laws—what to ask, who to trust, and how to protect your name before committing to any deal.
What Is NIL and How Does It Work?
Name, Image, and Likeness (NIL) refers to the legal rights of collegiate athletes to receive compensation for the commercial use of their personal identity. This may include sponsored content, endorsement contracts, licensing arrangements, autograph signings, and other public-facing promotional activities.
In Florida, the legal framework was originally established under Senate Bill 646, which took effect on July 1, 2021. The statute allows intercollegiate athletes to receive compensation for the commercial use of their identity, provided the payment is not tied to athletic performance or enrollment at a particular institution. While schools may not directly compensate athletes, they are required to adopt compliant policies and support student education. The law also mandates that postsecondary institutions—including state universities, Florida College System institutions, and private colleges receiving state aid—conduct financial literacy and life skills workshops for participating athletes.
Florida law requires individuals who negotiate compensation agreements on behalf of student-athletes to be licensed as athlete agents under Chapter 468, Part IX of the Florida Statutes. However, individuals who provide marketing advice or branding support—without directly soliciting or negotiating compensation—may fall outside that statutory definition. Following the 2023 amendment, which simplified the statute’s language, the law continues to focus narrowly on those engaged in direct negotiation or solicitation. This regulatory distinction creates gaps in oversight, increasing the risk of student-athletes relying on representatives who lack the necessary legal qualifications or industry experience.
Choosing Representation: Legal Oversight
and What to Watch For
Professional sports leagues like the NFL and NBA require agents to pass exams, register with players’ associations, and follow strict ethical guidelines. In Florida, individuals who negotiate compensation agreements on behalf of college athletes must hold a valid license issued by the Department of Business and Professional Regulation, as outlined in Chapter 468, Part IX of the Florida Statutes.
By contrast, those who offer branding or marketing advice without directly negotiating compensation may not fall under the statutory definition of an “athlete agent.” This creates a regulatory gap, increasing the likelihood that student-athletes may rely on unqualified or inexperienced representatives.
Potential consequences include:
- Contracts with vague or unfavorable terms
- Mismanagement of compensation or payment structure
- Violations of NCAA or institutional compliance policies
- Exposure to tax liabilities or eligibility risks
- Reputational harm tied to poorly aligned sponsorships
- Unenforceable agreements with minors
The high-profile dispute between Marvin Harrison Jr. and Fanatics—stemming from an agreement allegedly executed without proper authorization—demonstrates how informal arrangements can escalate into legal and financial disputes.
- Is the representative licensed as an athlete agent in Florida?
Licensing status can be verified through the Florida DBPR. - Do they have relevant legal or industry experience?
Look for a background in sports law, contract negotiation, or athlete representation. - Will the agreement be reviewed by legal counsel?
Every contract involving compensation or third-party endorsements should undergo independent legal review.
Firms like Influencer Counsel provide marketing and brand consulting services to help athletes and businesses navigate the commercial side of endorsement deals and legal compliance aspects thereof. This ensures that agreements are not only aligned with branding goals but also legally sound and enforceable under Florida law.
NIL Sponsorships for Businesses: Legal and Strategic Considerations
Businesses partnering with student-athletes must navigate both commercial and regulatory risks. A poorly structured agreement can result in brand dilution, breach of contract claims, or even regulatory scrutiny. These risks are amplified when the athlete’s representation lacks proper licensing, experience, or legal oversight.
Risk Management Best Practices for Endorsement Deals
Confirm Athlete Representation
Ensure the athlete is working with a licensed agent or legal professional experienced in compensation agreements. Representation should be verifiable and compliant with state and institutional guidelines.
Draft Clear, Enforceable Agreements
Contracts should outline deliverables, payment terms, usage rights, exclusivity provisions, duration, and termination conditions. Ambiguity increases the risk of dispute.
Review for Regulatory Compliance
Agreements must comply with Florida statutes, the policies of the athlete’s institution, and Federal Trade Commission (FTC) guidelines governing endorsements and advertising disclosures.
Track Key Performance Indicators (KPIs)
Establish measurable goals for impressions, engagement, conversion, or brand lift. This helps evaluate ROI and determine whether the partnership is delivering business value.
Without proper diligence, companies risk misaligned campaigns, reputational harm, or contractual noncompliance—particularly when navigating unfamiliar institutional or NCAA frameworks.
Understanding NIL Regulation in Florida: A Fragmented System
Florida was one of the first states to enact legislation allowing college athletes to profit from their name, image, and likeness. However, the current regulatory environment lacks uniform enforcement. While licensed athlete agents are governed under Chapter 468, Part IX of the State Statutes, the oversight of non-agent advisors—such as marketing consultants or brand managers—remains limited.
Additionally, universities are permitted to implement their own internal policies governing how and when third parties may engage with athletes. These policies vary widely and are not always publicly disclosed or consistently enforced.
By contrast, states like California require NIL agents to register with the Secretary of State and obtain a $100,000 surety bond. Florida imposes no such bonding requirement. This uneven landscape creates challenges for businesses operating across state lines or working with athletes from multiple institutions.
Legal Counsel for Athlete Endorsements and NIL Agreements
Influencer Counsel advises student-athletes, families, businesses, and representatives on all matters related to NIL transactions. We support clients at every stage of the endorsement lifecycle, with services including:
- Legal review and negotiation of athlete endorsement agreements
- Agent and third-party representative evaluations
- Institutional and NCAA compliance guidance
- Multi-jurisdictional contract analysis and risk mitigation
- Resolution of NIL-related disputes or nonperformance issues
Our goal is to help clients engage in compliant, high-integrity partnerships that support both business and athlete interests. Whether you’re structuring your first campaign or managing a portfolio of ongoing deals, we provide the legal infrastructure needed to navigate a rapidly evolving market.
Secure Your NIL Deals with Trusted Legal and Branding Professionals
Engaging in NIL partnerships can offer real value for athletes and businesses—but only when agreements are executed with legal precision and strategic oversight. At Bitman Law, we focus on protecting your legal interests through contract review, compliance guidance, and representation aligned with Florida’s NIL statutes.
We also partner with Influencer Counsel, a marketing advisory firm that helps clients strengthen brand positioning and navigate the business side of athlete representation. While our team handles the legal structure and enforceability of your agreements, Influencer Counsel supports the marketing strategy behind them—ensuring each partnership is both compliant and impactful.
If you’re a student-athlete, business owner, or representative seeking support, contact Bitman Law to schedule a consultation and learn how we can help safeguard your interests in the NIL space.
Disclaimer: This post is for general informational purposes only and does not constitute legal advice. Florida’s construction lien laws are complex and governed by strict deadlines. Failure to act in a timely manner can result in the loss of valuable legal rights. Do not rely on this summary as a substitute for individualized legal counsel. If you are involved in a construction project and have questions about your lien rights or obligations, it is critical that you consult with a qualified attorney without delay. Waiting to seek legal advice could lead to missed deadlines and the forfeiture of your ability to enforce a lien.
