§ 468.4562 — Civil action by institution

Florida § 468.4562

• Jurisdiction: Florida
• Title: XXXII
• Ch. 468: MISCELLANEOUS PROFESSIONS AND OCCUPATIONS

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(1) A college or university may sue for damages, as provided by this section, any person who violates this part. A college or university may seek equitable relief to prevent or minimize harm arising from acts or omissions which are or would be a violation of this part.

(2) For purposes of this section, a college or university is damaged if, because of activities of the person, the college or university is penalized, disqualified, or suspended from participation in intercollegiate athletics by a national association for the promotion and regulation of intercollegiate athletics, by an intercollegiate athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such organization and, because of that penalty, disqualification, suspension, or action the institution: (a) Loses revenue from media coverage of a sports contest; (b) Loses the right to grant an athletic scholarship; (c) Loses the right to recruit an athlete; (d) Is prohibited from participating in postseason athletic competition; (e) Forfeits an athletic contest; or (f) Otherwise suffers an adverse financial impact.

(3) An institution that prevails in a suit brought under this section may recover: (a) Actual damages; (b) Punitive damages; (c) Treble damages; (d) Court costs; and (e) Reasonable attorney’s fees.

(4) A right of action under this section does not accrue until the educational institution discovers, or by the exercise of reasonable diligence would have discovered, the violation by the athlete agent or former student athlete.

(5) Any liability of the athlete agent or the former student athlete under this section is several and not joint.

(6) This part does not restrict rights, remedies, or defenses of any person under law or equity.

Legislative History

s. 9, ch. 95-307; s. 71, ch. 2000-356; s. 6, ch. 2002-24.