Pay For College Athletes Still Needs Legislation: Officials

TALLAHASSEE, FL — Despite this week's unanimous decision by the National Collegiate Athletic Association's top governing board to give student athletes the opportunity to benefit financially from the use of their name, image and likeness, Florida officials say they will continue to move forward with plans to pass legislation at the state level.

“I am pleased to see the NCAA is finally following the lead of Florida and others to allow student athletes to earn money for the use of their name, image, and likeness," Democrat House Leader Kionne L. McGhee said following the NCAA announcement. "While this is a great first step, we must insure Florida’s student athletes are provided fair treatment and long-term protections found in my bill, HB 251.”

Florida Republican Gov. Ron DeSantis applauded the NCAA's decision on social media but did not immediately say whether he still believes there is a need for Florida-specific legislation.

Last week the governor announced he supported allowing college athletes to get paid for the use of their names, images and likeness in endorsement deals, just like their professional heroes. See also College Athletes Should Get Paid Endorsements: Florida Governor

"California did the first step. If Florida then follows suit, this is not like Delaware is doing this," DeSantis told reporters last week. "These are really big powerhouse states when it comes to college athletics. I think that is going to require the NCAA to re-evaluate."

The governor's press office did not immediately respond to multiple requests for a clarification of his position regarding the continued need for Florida-specific legislation.

The National Collegiate Athletic Association is the nonprofit organization that regulates student athletes from more than a thousand North American colleges and conferences.

California Democratic Gov. Gavin Newsom signed a first-in-the-nation law on Sept. 30 that paved the way for college athletes to hire agents and make money from endorsement deals with sneaker companies, soft drink makers, car dealerships and other sponsors. That law is set to take effect in 2023.

The NCAA, which had opposed the California measure, argued that it would destroy the distinction between amateurs and pros and give California an unfair recruiting advantage.

Comparing college athletes to chemistry majors, DeSantis said there would be nothing to prevent students from benefiting financially from a new chemical compound. So, why not student athletes?

"When I was a kid you could play like the NCAA football on video games," DeSantis said. "It's like they're using these students' image and they didn't get any money from it. Eventually that became controversial, so they've actually not produced a game in the last six or seven years."

California’s law applies to students at both public and private institutions — but not community colleges — in the nation’s most populous state. While the measure covers all sports, the big money is in football and basketball.

Student athletes won’t get salaries under California's law. But they can't be stripped of their scholarships or kicked off the team if they sign endorsement deals.

McGhee spokesman Jackson Peel told Patch there's nothing to stop NCAA from changing its rules in the future.

"It's our interest to codify these rules to make sure that Florida's student athletes are protected in the future," he said.

Republican Rep. Chip LaMarca also introduced a similar measure in the Florida House. He too said he plans to move forward.

"Today was a big win for access to the free market for our student athletes nationwide," LaMarca said in a statement on Tuesday. "We will continue working to make sure they keep the promises they have made to our student athletes today."

The California law doesn't allow student athletes to enter into deals that conflict with their schools’ existing contracts. For example, if a particular university has a contract with Nike, students can’t sign with Under Armour.

The law represents another instance of California jumping out in front of other states when it comes to social and political change. The movement to allow student athletes to profit from their labors on the court or the playing field has been simmering for years, portrayed as a matter of economic fairness and civil rights.

"Great news for college athletes in Florida and across our country," DeSantis said on social media in response to the NCAA vote. "I’m extremely pleased the @NCAA has realized that this is a matter of fairness and equity, and that these athletes should have the opportunity to receive appropriate compensation for the use of their name, image and likeness."

The Associated Press contributed to this article.