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The State Of Florida Proactive With Agent Law

In a recent Associated Press story that continues to be referenced by many in this industry, the authors point out that “more than half of the 42 states with sports agent laws have yet to revoke or suspend a single license, or invoke penalties of any sort.”  Don’t count Florida as one of the states that has yet to take any action against an unscrupulous agent.  In fact, Florida is recognized as one of the states that takes its athlete agent laws seriously (I have talked about Alabama’s enforcement in the past, as well).

Florida takes its athlete agent laws so seriously, that its Department of Business and Professional Regulation will be holding a round-table meeting in the near future to discuss licensing issues in the athlete agent profession.  I am honored to receive an invitation to the meeting and hope to add value to the discussion.

One topic of discussion will be whether “runners” should be licensed as agents, or whether some other type of registration or credential would be appropriate.  The current “athlete agent” definition in the state of Florida includes all employees and other persons acting on behalf of the agent, which seems to include runners under its umbrella.

Will a licensing system for runners work?  Runners are effective because they operate behind the scenes and under the table.  Runners coming out of the woodworks to get licensed sounds as crazy as William “Worldwide Wes” Wesley coming out of the dark and signing an employment contract with Creative Artists Agency.  But in all seriousness, if runners have to be licensed, then won’t the runners have other unlicensed runners working under them?  There will always be somebody willing to take the risk of building a relationship with a player without being licensed.  Runners typically aren’t professionals who have gone to graduate school (unlike many agents).

I am very interested in your thoughts on this matter.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.