Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 116
Barcode 672252
CHAMBER ACTION
Senate House
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04/13/2007 04:37 PM .
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11 Senator Atwater moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Present subsections (3), (4), (5), and (6)
18 of section 540.08, Florida Statutes, are redesignated as
19 subsections (4), (5), (6), and (7), respectively, and a new
20 subsection (3) is added to that section, to read:
21 540.08 Unauthorized publication of name or likeness.--
22 (3) If a person uses the name, portrait, photograph,
23 or other likeness of a member of the armed forces without
24 obtaining the consent required in subsection (1) and such use
25 is not subject to any exception listed in this section, a
26 court may impose a civil penalty of up to $1,000 per violation
27 in addition to the civil remedies contained in subsection (2).
28 Each commercial transaction constitutes a violation under this
29 section. As used in this section, the term "member of the
30 armed forces" means an officer or enlisted member of the Army,
31 navy, Air Force, Marine Corps, or Coast Guard of the United
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 116
Barcode 672252
1 States, the Florida National Guard, and United States Reserve
2 Forces, including any officer or enlisted member who died as a
3 result of injuries sustained in the line of duty.
4 Section 2. This act shall take effect July 1, 2007.
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8 And the title is amended as follows:
9 Delete everything before the enacting clause
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11 and insert:
12 A bill to be entitled
13 An act relating to the unauthorized use of a
14 name or likeness; amending s. 540.08, F.S.;
15 prohibiting the use of the name or image of a
16 member of the armed forces for certain purposes
17 without obtaining consent in the manner
18 prescribed by applicable state law; defining
19 the term "member of the armed forces";
20 providing penalties for such unauthorized use;
21 providing an effective date.
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