| 1 | A bill to be entitled |
| 2 | An act relating to the unauthorized use of a name or |
| 3 | likeness; providing a short title; amending s. 540.08, |
| 4 | F.S.; prohibiting the use of the name or image of a member |
| 5 | of the armed forces for certain purposes without obtaining |
| 6 | consent in the manner prescribed by applicable state law; |
| 7 | defining the term "member of the armed forces"; providing |
| 8 | penalties for such unauthorized use; providing an |
| 9 | effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. This act may be cited as the "Robert A. Wise |
| 14 | Military Protection Act." |
| 15 | Section 2. Present subsections (3) through (6) of section |
| 16 | 540.08, Florida Statutes, are renumbered as subsections (4) |
| 17 | through (7), respectively, and a new subsection (3) is added to |
| 18 | that section to read: |
| 19 | 540.08 Unauthorized publication of name or likeness.-- |
| 20 | (3) If a person uses the name, portrait, photograph, or |
| 21 | other likeness of a member of the armed forces without obtaining |
| 22 | the consent required in subsection (1) and such use is not |
| 23 | subject to any exception listed in this section, a court may |
| 24 | impose a civil penalty of up to $1,000 per violation in addition |
| 25 | to the civil remedies contained in subsection (2). Each |
| 26 | commercial transaction constitutes a violation under this |
| 27 | section. As used in this section, the term "member of the armed |
| 28 | forces" means an officer or enlisted member of the Army, Navy, |
| 29 | Air Force, Marine Corps, or Coast Guard of the United States, |
| 30 | the Florida National Guard, and United States Reserve Forces, |
| 31 | including any officer or enlisted member who died as a result of |
| 32 | injuries sustained in the line of duty. |
| 33 | Section 3. This act shall take effect July 1, 2007. |