| 1 | A bill to be entitled |
| 2 | An act relating to the unauthorized use of the name or |
| 3 | image of a member of the armed forces for business |
| 4 | purposes; prohibiting a person from using the name or |
| 5 | image of a member of the armed forces; providing |
| 6 | exceptions; defining the term "member of the armed |
| 7 | forces"; providing criminal penalties; providing an |
| 8 | effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Unauthorized use of the name or image of a |
| 13 | member of the armed forces prohibited.-- |
| 14 | (1)(a) A person may not use the name or image of a member |
| 15 | of the armed forces for the purpose of advertising for the sale |
| 16 | of goods, wares, services, or merchandise, or for the |
| 17 | solicitation of patronage by any business enterprise, except as |
| 18 | provided in paragraph (b). |
| 19 | (b) A person may use the name or image of a member of the |
| 20 | armed forces if the person obtains the prior consent of the |
| 21 | member of the armed forces or, if the member is deceased, the |
| 22 | prior consent of the surviving spouse, personal representative, |
| 23 | or closest living relative by blood or marriage of the deceased. |
| 24 | (2) As used in this section, the term "member of the armed |
| 25 | forces" means an officer or enlisted member of the Army, Navy, |
| 26 | Air Force, Marine Corps, or Coast Guard of the United States, |
| 27 | including the Florida National Guard and United States Reserve |
| 28 | Forces, including any member who was killed in the line of duty. |
| 29 | (3) A person who violates paragraph (1)(a) commits a |
| 30 | misdemeanor of the first degree, punishable as provided in s. |
| 31 | 775.082 or s. 775.083, Florida Statutes. |
| 32 | Section 2. This act shall take effect July 1, 2007. |