CS/HB 1159

A bill to be entitled
2An act relating to the unauthorized use of a name or
3likeness; providing a short title; amending s. 540.08,
4F.S.; prohibiting the use of the name or image of a member
5of the armed forces for certain purposes without obtaining
6consent in the manner prescribed by applicable state law;
7defining the term "member of the armed forces"; providing
8penalties for such unauthorized use; providing an
9effective date.
11Be It Enacted by the Legislature of the State of Florida:
13     Section 1.  This act may be cited as the "Robert A. Wise
14Military Protection Act."
15     Section 2.  Present subsections (3) through (6) of section
16540.08, Florida Statutes, are renumbered as subsections (4)
17through (7), respectively, and a new subsection (3) is added to
18that section to read:
19     540.08  Unauthorized publication of name or likeness.--
20     (3)  If a person uses the name, portrait, photograph, or
21other likeness of a member of the armed forces without obtaining
22the consent required in subsection (1) and such use is not
23subject to any exception listed in this section, a court may
24impose a civil penalty of up to $1,000 per violation in addition
25to the civil remedies contained in subsection (2). Each
26commercial transaction constitutes a violation under this
27section. As used in this section, the term "member of the armed
28forces" means an officer or enlisted member of the Army, Navy,
29Air Force, Marine Corps, or Coast Guard of the United States,
30the Florida National Guard, and United States Reserve Forces,
31including any officer or enlisted member who died as a result of
32injuries sustained in the line of duty.
33     Section 3.  This act shall take effect July 1, 2007.

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