Senate Bill sb0116

    Florida Senate - 2007                                   SB 116

    By Senator Atwater





    25-174-07

  1                      A bill to be entitled

  2         An act relating to the unauthorized use of the

  3         name or image of a member of the armed forces

  4         for business purposes; prohibiting a person

  5         from using the name or image of a member of the

  6         armed forces; providing exceptions; defining

  7         the term "member of the armed forces";

  8         providing criminal penalties; providing an

  9         effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Unauthorized use of the name or image of a

14  member of the armed forces prohibited.--

15         (1)(a)  A person may not use the name or image of a

16  member of the armed forces for the purpose of advertising for

17  the sale of goods, wares, services, or merchandise, or for the

18  solicitation of patronage by any business enterprise, except

19  as provided in paragraph (b).

20         (b)  A person may use the name or image of a member of

21  the armed forces if the person obtains the prior consent of

22  the member of the armed forces or, if the member is deceased,

23  the prior consent of the surviving spouse, personal

24  representative, or closest living relative by blood or

25  marriage of the deceased.

26         (2)  As used in this section, the term "member of the

27  armed forces" means an officer or enlisted member of the Army,

28  Navy, Air Force, Marine Corps, or Coast Guard of the United

29  States, including the Florida National Guard and United States

30  Reserve Forces, including any member who was killed in the

31  line of duty.

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    Florida Senate - 2007                                   SB 116
    25-174-07




 1         (3)  A person who violates paragraph (1)(a) commits a

 2  misdemeanor of the first degree, punishable as provided in s.

 3  775.082 or s. 775.083, Florida Statutes.

 4         Section 2.  This act shall take effect July 1, 2007.

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 7                          SENATE SUMMARY

 8    Prohibits a person from using the name or image of a
      member of the armed forces for business purposes.
 9    Provides exceptions. Defines the term "member of the
      armed forces." Provides criminal penalties.
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CODING: Words stricken are deletions; words underlined are additions.