| 1 | A bill to be entitled |
| 2 | An act relating to false, deceptive, or misleading |
| 3 | advertising; creating s. 817.4115, F.S.; defining the |
| 4 | terms "performing person or group" and "recording person |
| 5 | or group"; prohibiting a person, in advertising or |
| 6 | conducting a live musical performance, from using a false, |
| 7 | deceptive, or misleading statement of an affiliation, |
| 8 | connection, or association between a performing person or |
| 9 | group and a recording person or group; providing |
| 10 | exceptions; providing that a violation of the act is a |
| 11 | misdemeanor of the first degree; providing criminal |
| 12 | penalties; authorizing the Department of Legal Affairs or |
| 13 | state attorney to file a civil action for injunctive |
| 14 | relief against any person or group violating the act; |
| 15 | providing for the prevailing party to receive court costs |
| 16 | and attorney's fees; authorizing a court to impose a civil |
| 17 | penalty for each violation of the act; providing an |
| 18 | effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Section 817.4115, Florida Statutes, is created |
| 23 | to read: |
| 24 | 817.4115 False, deceptive, or misleading advertisement of |
| 25 | live musical performances.-- |
| 26 | (1) For purposes of this section, the term: |
| 27 | (a) "Performing person or group" means a vocal or |
| 28 | instrumental performer using or attempting to use the name of a |
| 29 | recording person or group. |
| 30 | (b) "Recording person or group" means a vocal or |
| 31 | instrumental performer that has previously produced or released, |
| 32 | or both, a commercial recording. |
| 33 | (2)(a) A person may not advertise a live musical |
| 34 | performance or production in this state using a false, |
| 35 | deceptive, or misleading statement of an affiliation, |
| 36 | connection, or association between a performing person or group |
| 37 | and a recording person or group. |
| 38 | (b) A person may not conduct a live musical performance or |
| 39 | production in this state using a false, deceptive, or misleading |
| 40 | statement of an affiliation, connection, or association between |
| 41 | a performing person or group and a recording person or group. |
| 42 | (3) An advertisement of a live musical performance does |
| 43 | not violate subsection (2) if: |
| 44 | (a) The performing person or at least one member of the |
| 45 | performing group was a member of the recording group and retains |
| 46 | the legal right to use the name of the recording group by not |
| 47 | having abandoned the affiliation with the recording group or its |
| 48 | name; |
| 49 | (b) The performing person or group is the authorized |
| 50 | registrant and owner of a federal service mark for that person |
| 51 | or group which is registered with the United States Patent and |
| 52 | Trademark Office; |
| 53 | (c) The live musical performance or production is |
| 54 | identified as a "salute" or "tribute" to, and is otherwise |
| 55 | unaffiliated with, the recording person or group; |
| 56 | (d) The advertising does not relate to a live musical |
| 57 | performance taking place in this state; or |
| 58 | (e) The performance is expressly authorized in the |
| 59 | advertising by the recording person or group. |
| 60 | (4) Any person who violates subsection (2) commits a |
| 61 | misdemeanor of the second degree, punishable as provided in s. |
| 62 | 775.082 or s. 775.083. Upon a second or subsequent violation of |
| 63 | subsection (2), the person commits a misdemeanor of the first |
| 64 | degree, punishable as provided in s. 775.082 or by a fine not to |
| 65 | exceed $5,000, or both. |
| 66 | (5) The Department of Legal Affairs or a state attorney |
| 67 | may file a civil action on behalf of the people of this state |
| 68 | for injunctive relief against any person or group violating |
| 69 | subsection (2) to restrain the prohibited activity. The court |
| 70 | may award court costs and reasonable attorney's fees to the |
| 71 | prevailing party. The court may also impose a civil penalty not |
| 72 | to exceed $5,000 for each violation of subsection (2). |
| 73 | Section 2. This act shall take effect July 1, 2007. |