HB 1159

A bill to be entitled
2An act relating to the unauthorized use of the name or
3image of a member of the armed forces for business
4purposes; prohibiting a person from using the name or
5image of a member of the armed forces; providing
6exceptions; defining the term "member of the armed
7forces"; providing criminal penalties; providing an
8effective date.
10Be It Enacted by the Legislature of the State of Florida:
12     Section 1.  Unauthorized use of the name or image of a
13member of the armed forces prohibited.--
14     (1)(a)  A person may not use the name or image of a member
15of the armed forces for the purpose of advertising for the sale
16of goods, wares, services, or merchandise, or for the
17solicitation of patronage by any business enterprise, except as
18provided in paragraph (b).
19     (b)  A person may use the name or image of a member of the
20armed forces if the person obtains the prior consent of the
21member of the armed forces or, if the member is deceased, the
22prior consent of the surviving spouse, personal representative,
23or closest living relative by blood or marriage of the deceased.
24     (2)  As used in this section, the term "member of the armed
25forces" means an officer or enlisted member of the Army, Navy,
26Air Force, Marine Corps, or Coast Guard of the United States,
27including the Florida National Guard and United States Reserve
28Forces, including any member who was killed in the line of duty.
29     (3)  A person who violates paragraph (1)(a) commits a
30misdemeanor of the first degree, punishable as provided in s.
31775.082 or s. 775.083, Florida Statutes.
32     Section 2.  This act shall take effect July 1, 2007.

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