Amid NIL tumult, Florida mulls regulating college sports agents

(John Raoux/AP)

TALLAHASSEE, Florida — As more student athletes score endorsement deals — and in some cases, get burned on them — Florida university officials want tighter state oversight of collegiate sports agents.

The state could be among the first nationwide to consider ramping up how it polices agents in the college ranks amid renewed federal scrutiny during an era of transformative change now that student athletes can sign endorsement deals and freely transfer schools.

The possibilities in Florida include capping the cut agents can take from athletes, adding new registration requirements and even charging them a fee to prove they’re legitimate business representation.

“We don't want to be the state that regulates the agents by ourselves,” Amy Hass, the University of Florida’s deputy athletic director, said during an April 30 Board of Governors meeting. “But we could lead that and maybe do right by these kids.”

Florida, led by a university system task force on intercollegiate athletics, is attempting to craft state-level policies that could install some guardrails for schools and students as millions of dollars are flowing without a clear federal standard. As state leaders lobby Congress to pass an antitrust exemption to regulate student athlete endorsement deals and protect schools from possible lawsuits, they are considering other ideas like creating an interstate compact or a state trust for name, image and likeness, or NIL, earnings.

But there are also growing calls by top collegiate athletics officials to tighten the rules around sports agents due to frustrations over how student athletes are being represented — and how much their representatives are taking in some of their deals. It’s an issue gaining attention nationally, as more agents get into the game with the college sports industry’s value exceeding $1 billion since NIL took form, accelerated by the 2025 House v. NCAA settlement case that allowed schools to make direct payments to student athletes for the first time.

Highlighting this sudden change, nearly 70 percent of agents currently operating in Florida — 470 of 686 — registered since 2021, when the NCAA initially opened the door for NIL, including 187 agents over the last two years, according to data from the state Department of Business and Professional Regulation.

In many cases, sports agencies historically operating in the professional realm are expanding to college, said Adam Dale, an attorney with Chicago-based Winston & Strawn LLP, who practices on sports, antitrust and labor law.

“I don’t think those are the groups anyone is focused on regulating, those groups are by the book and operate ethically — competitively, but ethically,” Dale said.

Yet on the flipside, Dale added, “Now anybody with a phone can be an NIL agent, and players are getting taken advantage of because of that.”

Florida officials contend the situation Dale outlined is unfolding too often, with agents sometimes taking cuts from students as high as 20 percent or more.

Todd Golden, UF’s championship-winning men’s basketball coach, at the April 30 sports task force meeting said he’s seen people changing careers from “barbers or trainers” to become NIL representatives over the span of two to three months “because they see the opportunity to make a 10- to 15- to 20-percent fee off students that honestly don't really need the services all that much.”

Those commission rates may seem high compared with the professional leagues but appear to be typical for the deals negotiated on behalf of college athletes. Agent fees in the NFL, for example, are capped at 3 percent of a player’s contract value, while the rate is 4 percent in the NBA.

But athletes aren’t signing multi-year team contracts in college and are making their money on endorsement and marketing deals under NIL, which are smaller by comparison. In another stark difference, agent caps in professional sports are regulated by players’ unions, which don’t exist in college sports.

Florida could ultimately install its own cap for agent fees at state universities, just one idea officials are weighing.

“What is that number?” Rob Higgins, the University of South Florida’s CEO of athletics, told the Board of Governors. “Is it 3 percent? Is it 4 percent? I can promise you, it is not 20 percent — and that is what is happening in some cases.”

State lawmakers last year suggested legislationthat would have prohibited agents from receiving more than 5 percent of an athlete’s total compensation from endorsement deals and promotional activities, billed as a “balanced approach that protects student athletes, ensures transparency and promotes responsible NIL participation.” The proposal, though, never took off as the Legislature and critics feared it would put Florida at a disadvantage to other states. Those concerns still linger and could be what prevents Florida from making a similar move now.

“If an agent was, like, I can only get 3 percent bringing this kid to Florida, I could take him to Kentucky and get 20 [percent] — they’re going to probably try to get them on that flight to Lexington a little quicker than down to Gainesville,” Golden said.

Florida’s discussions come as the Trump administration is looking at college sports agents in a new light.

Earlier this year, the Federal Trade Commission announced it was probing how representatives are working with college athletes and complying with the Sports Agent Responsibility and Trust Act, or SPARTA. Notably, legal experts believe the FTC, through 20 letters of inquiry sent to universities in January, is examining how agents are following a federal rule requiring them to promptly notify schools about new contracts within 72 hours.

Although there is no update from the FTC, sports attorneys see this move as a possible signal of increased federal interest in enforcing SPARTA, which has rarely, if ever, been used.

Florida, like most states, already has a law on the books governing sports agents by establishing minimum requirements and licensing fees. As such, sports agents here must register with the Department of Business and Professional Regulation and pay fees totaling $635 to represent athletes.

While this law ensures Florida can penalize them for moves such as illegally recruiting or soliciting student athletes, it wouldn’t be used for the sort of policies sought by university officials to regulate how agents behave and what they charge.

“It seems like they’re tired of dealing with ‘barbers’ and want to deal with real agents,” said Colin Cloherty, an attorney with Washington-based Wiley Rein LLP who represents clients in criminal and civil government enforcement actions, internal investigations, regulatory enforcement actions and administrative proceedings.

To that end, the state university system could pursue its own regulations extending beyond how sports agents are policed under the law.

Outside of capping their cut, university leaders recommended other ideas such as implementing a new fee for college sports agents in hopes of weeding out bad actors. Otherwise, they are calling for more transparency surrounding agent contracts and a “reputable agent directory” above the state’s current list of registered representatives.

“There's nothing stopping us in this portal era from having a conversation or getting reached out to by somebody that's claiming to be an agent, and we truly don't know or have any verification if they are working on behalf of the student athlete,” Higgins said.

Florida, boasting several public universities each with their own major athletics programs in different conferences under the same system umbrella, is in a unique position as college sports evolve. University leaders will be discussing possible tweaks to college sports in the coming weeks, with regulatory recommendations expected to follow. But throughout these conversations, the state is walking a tightrope attempting to remain competitive with other schools while protecting students, universities and their interests.

“If we’re responsible about whatever we do, if we do anything, I think other states are watching,” Board of Governors Chair Alan Levine said. “And I hope other states approach it the same way.”