Senate Bill sb0116c1

    Florida Senate - 2007                            CS for SB 116

    By the Committee on Commerce; and Senator Atwater





    577-1971-07

  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:

12  

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, portrait,

16  photograph, or other image of a member of the armed forces for

17  the purpose of trade or for any commercial or advertising

18  purpose, except as provided in paragraph (b).

19         (b)  A person may use the name, portrait, photograph,

20  or other image of a member of the armed forces if the person

21  obtains the prior consent of the member of the armed forces

22  or, if the member is deceased, the prior consent of the

23  surviving spouse, personal representative, or closest living

24  relative by blood or marriage of the deceased.

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

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

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

28  States, including the Florida National Guard and United States

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

30  line of duty.

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






    Florida Senate - 2007                            CS for SB 116
    577-1971-07




 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         (4)  This section does not apply to the name, portrait,

 5  photograph, or image of an historical figure who has been

 6  deceased for 50 years or more.

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

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 116

11                                 

12  This committee substitute makes the following changes to the
    original bill:
13  
    -    Expands the prohibition against use of a name or image to
14       include the "portrait and photograph" of a member of the
         armed forces;
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    -    Restricts the use of such images for "commercial
16       purposes" in addition to advertising; and

17  -    Exempts the use of historical figures who have been dead
         for 50 years or more.
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CODING: Words stricken are deletions; words underlined are additions.