Senate Bill sb2038

    Florida Senate - 2006                                  SB 2038

    By Senator Klein





    30-1299-06

  1                      A bill to be entitled

  2         An act relating to false, deceptive, or

  3         misleading advertising; creating s. 817.4115,

  4         F.S.; defining the terms "performing person or

  5         group" and "recording person or group";

  6         prohibiting a person from advertising or

  7         conducting a live musical performance by using

  8         a false, deceptive, or misleading statement of

  9         an affiliation, connection, or association

10         between a performing person or group and a

11         recording person or group; providing

12         exceptions; providing that any person who

13         violates the act commits a misdemeanor of the

14         first degree; providing criminal penalties;

15         authorizing the Department of Legal Affairs or

16         a state attorney to file a civil action for

17         injunctive relief against any person or group

18         violating the act; providing for the prevailing

19         party to receive court costs and reasonable

20         attorney's fees; authorizing a court to impose

21         a civil penalty not to exceed $5,000 for each

22         violation of the act; providing an effective

23         date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Section 817.4115, Florida Statutes, is

28  created to read:

29         817.4115  False, deceptive, or misleading advertisement

30  of live musical performances.--

31         (1)  For purposes of this section, the term:

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    Florida Senate - 2006                                  SB 2038
    30-1299-06




 1         (a)  "Performing person or group" means a vocal or

 2  instrumental performer using or attempting to use the name of

 3  a recording person or group.

 4         (b)  "Recording person or group" means a vocal or

 5  instrumental performer that has previously produced or

 6  released, or both, a commercial recording.

 7         (2)(a)  A person may not advertise a live musical

 8  performance or production in this state by use of a false,

 9  deceptive, or misleading statement of an affiliation,

10  connection, or association between a performing person or

11  group and a recording person or group.

12         (b)  A person may not conduct a live musical

13  performance or production in this state by use of a false,

14  deceptive, or misleading statement of an affiliation,

15  connection, or association between a performing person or

16  group and a recording person or group.

17         (3)  An advertisement of a live musical performance

18  does not violate subsection (2) if:

19         (a)  The performing person or at least one member of

20  the performing group was a member of the recording group and

21  has the legal right to use the name of the recording group by

22  not abandoning the affiliation with the recording group or its

23  name;

24         (b)  The performing person or group is the authorized

25  registrant and owner of a federal service mark for that person

26  or group which is registered with the United States Patent and

27  Trademark Office;

28         (c)  The live musical performance or production is

29  identified as a "salute" or "tribute" to, and is otherwise

30  unaffiliated with, the recording person or group;

31  

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    Florida Senate - 2006                                  SB 2038
    30-1299-06




 1         (d)  The advertising does not relate to a live musical

 2  performance taking place in this state; or

 3         (e)  The performance is expressly authorized in the

 4  advertising by the recording person or group.

 5         (4)  Any person who violates subsection (2) commits a

 6  misdemeanor of the second degree, punishable as provided in s.

 7  775.082 or s. 775.083. Upon a second or subsequent violation

 8  of subsection (2), the person commits a misdemeanor of the

 9  first degree, punishable as provided in s. 775.082 or by a

10  fine not to exceed $5,000, or both.

11         (5)  The Department of Legal Affairs or a state

12  attorney may file a civil action on behalf of the people of

13  this state for injunctive relief against any person or group

14  violating this section to restrain the prohibited activity.

15  The prevailing party may receive court costs and reasonable

16  attorney's fees. The court may also impose a civil penalty not

17  to exceed $5,000 for each violation of this section.

18         Section 2.  This act shall take effect July 1, 2006.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Defines the terms "performing person or group" and
      "recording person or group." Prohibits a person from
23    advertising or conducting a live musical performance by
      using a false, deceptive, or misleading statement of an
24    affiliation, connection, or association between a
      performing group and a recording group. Provides
25    exceptions. Provides that any person who violates the act
      commits a misdemeanor of the first degree. Provides
26    criminal penalties. Authorizes the Department of Legal
      Affairs or a state attorney to file a civil action on
27    behalf of the people of this state for injunctive relief
      against any person or group violating the act. Permits a
28    court to impose a civil penalty not to exceed $5,000 for
      each violation of the act.
29  

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.