Florida Senate - 2026 SB 482
By Senator Leek
7-01034B-26 2026482__
1 A bill to be entitled
2 An act relating to the Artificial Intelligence Bill of
3 Rights; amending s. 287.138, F.S.; defining the term
4 “artificial intelligence”; prohibiting a governmental
5 entity from extending or renewing a contract with
6 specified entities; prohibiting a local governmental
7 entity from taking certain actions relating to
8 contracting with an entity to provide artificial
9 intelligence technology, software, or products unless
10 certain requirements are completed; prohibiting a
11 governmental entity from entering into a contract with
12 an entity for artificial intelligence technology,
13 software, or products if certain conditions are met;
14 providing a directive to the Division of Law Revision;
15 creating part IX of ch. 501, F.S., to be entitled the
16 “Artificial Intelligence Bill of Rights”; creating s.
17 501.9981, F.S.; providing a short title; creating s.
18 501.9982, F.S.; providing the rights of Floridians
19 relating to the use of artificial intelligence;
20 authorizing Floridians to exercise certain rights;
21 providing construction; creating s. 501.9983, F.S.;
22 defining terms; creating s. 501.9984, F.S.; requiring
23 companion chatbot platforms to prohibit a minor from
24 creating new or maintaining existing accounts unless
25 the minor’s parent or guardian consents; requiring
26 companion chatbot platforms to provide the minor’s
27 parent or guardian certain options; requiring
28 companion chatbot platforms to terminate certain
29 accounts and provide certain options; requiring
30 companion chatbot platforms to make certain
31 disclosures and institute certain measures to prevent
32 their companion chatbots from producing or sharing
33 materials harmful to minors; providing that violations
34 are deceptive or unfair trade practices; authorizing
35 the Department of Legal Affairs to bring actions under
36 the Florida Deceptive and Unfair Trade Practices Act
37 for knowing or reckless violations; authorizing the
38 department to issue and enforce civil investigative
39 demands under certain circumstances; providing civil
40 penalties; authorizing punitive damages under certain
41 circumstances; providing for private causes of action;
42 requiring that such actions be brought within a
43 specified timeframe; providing that certain companion
44 chatbot platforms are subject to the jurisdiction of
45 state courts; specifying requirements for contract
46 formation; providing construction; authorizing the
47 department to adopt rules; creating s. 501.9985, F.S.;
48 requiring bot operators to periodically provide a
49 certain notification to a user; authorizing the
50 department to bring actions under the Florida
51 Deceptive and Unfair Trade Practices Act for
52 violations; authorizing the department to issue and
53 enforce civil investigative demands under certain
54 circumstances; providing civil penalties; providing
55 construction; providing that certain bot operators are
56 subject to the jurisdiction of state courts;
57 authorizing the department to adopt rules; creating s.
58 501.9986, F.S.; prohibiting artificial intelligence
59 technology companies from selling or disclosing the
60 personal information of users unless the information
61 is deidentified data; requiring artificial
62 intelligence technology companies in possession of
63 deidentified data to take certain measures to ensure
64 such data remains deidentified; authorizing the
65 Department of Legal Affairs to bring actions under the
66 Florida Deceptive and Unfair Trade Practices Act for
67 violations; authorizing the department to issue and
68 enforce civil investigative demands under certain
69 circumstances; providing civil penalties; providing
70 that certain artificial intelligence technology
71 companies are subject to the jurisdiction of state
72 courts; authorizing the department to adopt rules;
73 creating s. 501.9987, F.S.; authorizing the department
74 to take certain investigative and compliance actions
75 in connection with potential violations of part IX of
76 ch. 501, F.S.; authorizing the department to adopt
77 rules; amending s. 540.08, F.S.; defining terms;
78 prohibiting the commercial use of an individual’s
79 name, image, or likeness created through artificial
80 intelligence without the individual’s or an authorized
81 individual’s consent; providing requirements for the
82 use of the name, image, or likeness of deceased
83 persons; providing penalties for the use of the name,
84 image, or likeness of a servicemember; conforming
85 provisions to changes made by the act; reenacting ss.
86 540.10 and 743.08(1)(c), F.S., relating to the
87 exemption of news media from liability and contracts
88 entered into by minors, respectively, to incorporate
89 the amendments made to s. 540.08, F.S., in references
90 thereto; providing an effective date.
91
92 Be It Enacted by the Legislature of the State of Florida:
93
94 Section 1. Present paragraphs (a) through (d) of subsection
95 (1) and present subsection (7) of section 287.138, Florida
96 Statutes, are redesignated as paragraphs (b) through (e) of
97 subsection (1) and subsection (8), respectively, a new paragraph
98 (a) is added to subsection (1), a new subsection (7) is added to
99 that section, and subsection (3) of that section is amended, to
100 read:
101 287.138 Contracting with entities of foreign countries of
102 concern prohibited.—
103 (1) As used in this section, the term:
104 (a) “Artificial intelligence” means an engineered or
105 machine-based system that varies in its level of autonomy and
106 that can, for explicit or implicit objectives, infer from the
107 input it receives how to generate outputs that influence
108 physical or virtual environments.
109 (3)(a) Beginning July 1, 2025, a governmental entity may
110 not extend or renew a contract with an entity listed in
111 paragraphs (2)(a)-(c) if the contract would give such entity
112 access to an individual’s personal identifying information.
113 Beginning July 1, 2026, a governmental entity may not extend or
114 renew a contract with an entity listed in paragraph (7)(a),
115 paragraph (7)(b), or paragraph (7)(c).
116 (b) Beginning July 1, 2026, a governmental entity may not
117 accept a bid on, a proposal for, or a reply to, or enter into a
118 contract with, an entity to provide artificial intelligence
119 technology, software, or products, including as a portion or an
120 option to the products or services provided under the contract,
121 unless the entity provides the governmental entity with an
122 affidavit signed by an officer or a representative of the entity
123 under penalty of perjury attesting that the entity does not meet
124 any of the criteria in paragraph (7)(a), paragraph (7)(b), or
125 paragraph (7)(c).
126 (7) A governmental entity may not knowingly enter into a
127 contract with an entity for artificial intelligence technology,
128 software, or products, including as a portion or an option to
129 the products or services provided under the contract, if:
130 (a) The entity is owned by the government of a foreign
131 country of concern;
132 (b) A government of a foreign country of concern has a
133 controlling interest in the entity; or
134 (c) The entity is organized under the laws of or has its
135 principal place of business in a foreign country of concern.
136 Section 2. The Division of Law Revision is directed to
137 create part IX of chapter 501, Florida Statutes, consisting of
138 ss. 501.9981, 501.9982, 501.9983, 501.9984, 501.9985, 501.9986,
139 and 501.9987, Florida Statutes, to be entitled the “Artificial
140 Intelligence Bill of Rights.”
141 Section 3. Section 501.9981, Florida Statutes, is created
142 to read:
143 501.9981 Short title.—This part may be cited as the
144 “Artificial Intelligence Bill of Rights.”
145 Section 4. Section 501.9982, Florida Statutes, is created
146 to read:
147 501.9982 Rights relating to the use of artificial
148 intelligence.—
149 (1) Floridians are entitled to certain rights with respect
150 to the use of artificial intelligence, including, but not
151 limited to:
152 (a) The right to use artificial intelligence to improve
153 their own lives and the lives of family members, fellow
154 residents, and the world at large in accordance with the law.
155 (b) The right to supervise, access, limit, and control
156 their minor children’s use of artificial intelligence.
157 (c) The right to know whether they are communicating with a
158 human being or an artificial intelligence system, program, or
159 chatbot.
160 (d) The right to know if artificial intelligence technology
161 companies are collecting personal information or biometric data,
162 and the right to expect artificial intelligence technology
163 companies to protect and deidentify that information or data in
164 accordance with the law.
165 (e) The right to pursue civil remedies authorized by law
166 against persons who use artificial intelligence to appropriate
167 the name, image, or likeness of others for commercial purposes
168 without their consent.
169 (f) The right to be protected by law from criminal acts,
170 such as fraud, exploitation, identity theft, stalking, and
171 cyberbullying, regardless of whether artificial intelligence is
172 used in the commission of those acts.
173 (g) The right to be protected by law from criminal acts
174 relating to the alteration of existing images to create sexual
175 or lewd or lascivious images or child pornography, regardless of
176 whether artificial intelligence is used in the commission of
177 those acts.
178 (h) The right to know whether political advertisements,
179 electioneering communications, or similar advertisements were
180 created in whole or in part with the use of artificial
181 intelligence.
182 (i) The right to pursue civil remedies authorized by law
183 against others who use artificial intelligence to slander,
184 libel, or defame them.
185 (2) Floridians may exercise the rights described in this
186 section in accordance with existing law. This section may not be
187 construed as creating new or independent rights or entitlements.
188 Section 5. Section 501.9983, Florida Statutes, is created
189 to read:
190 501.9983 Definitions.—As used in this part, the term:
191 (1) “Account holder” means an individual who opens an
192 account or creates a profile or is identified by the companion
193 chatbot platform by a unique identifier while he or she is using
194 or accessing the platform, if the platform knows or has reason
195 to believe the individual is a resident of this state.
196 (2) “Artificial intelligence” means an engineered or
197 machine-based system that varies in its level of autonomy and
198 that can, for explicit or implicit objectives, infer from the
199 input it receives how to generate outputs that influence
200 physical or virtual environments.
201 (3) “Artificial intelligence technology company” means a
202 business or organization that produces, develops, creates,
203 designs, or manufactures artificial intelligence technology or
204 products, collects data for use in artificial intelligence
205 products, or implements artificial intelligence technology.
206 (4) “Bot” means an automated online software application in
207 which all or substantially all of the actions or posts of the
208 account are not the result of a natural person.
209 (5) “Companion chatbot” means an artificial intelligence
210 system with a natural language interface that provides adaptive,
211 human-like responses to user inputs and is capable of meeting a
212 user’s social needs, including by exhibiting anthropomorphic
213 features and being able to sustain a relationship across
214 multiple interactions. The term does not include:
215 (a) A chatbot used only for customer service, a business’s
216 operational purposes, productivity and analysis related to
217 source information, internal research, or technical assistance;
218 (b) A chatbot that is a feature of a video game and is
219 limited to replies related to the video game and does not
220 discuss topics related to mental health, self-harm, or material
221 harmful to minors or maintain a dialogue on other topics
222 unrelated to the video game; or
223 (c) A stand-alone consumer electronic device that functions
224 as a speaker and voice command interface, acts as a voice
225 activated virtual assistant, and does not sustain a relationship
226 across multiple interactions or generate outputs likely to
227 elicit emotional responses in the user.
228 (6) “Companion chatbot platform” means a platform that
229 allows a user to engage with companion chatbots.
230 (7) “Deidentified data” means data that cannot reasonably
231 be linked to an identified or identifiable individual or a
232 device linked to that individual.
233 (8) “Department” means the Department of Legal Affairs.
234 (9) “Material harmful to minors” has the same meaning as in
235 s. 501.1737(1).
236 (10) “Minor” means any person 17 years of age or younger.
237 (11) “Operator” means a person who owns, operates, or
238 otherwise makes available a bot to individuals in this state.
239 (12) “Pop-up” means a visible notification on the computer,
240 tablet, or smartphone screen of a user which may be resolved if
241 the user interacts with or responds to the notification.
242 (13) “Resident” means an individual who has resided in this
243 state for more than 6 months during the preceding 12-month
244 period.
245 (14) “User” means an individual who resides or is domiciled
246 in this state and who accesses an Internet website, online or
247 cloud-computing service, online application, or mobile
248 application.
249 (15) “Video game” means a game played on an electronic
250 amusement device that uses a computer, microprocessor, or
251 similar electronic circuitry and its own monitor, or is designed
252 to be used with a television set or a computer monitor, to
253 interact with the user of the device.
254 Section 6. Section 501.9984, Florida Statutes, is created
255 to read:
256 501.9984 Companion chatbot use for minors.—
257 (1) A companion chatbot platform shall prohibit a minor
258 from entering into a contract with the platform to become an
259 account holder or from maintaining an existing account, unless
260 the minor’s parent or guardian provides consent for the minor to
261 become an account holder or maintain an existing account.
262 (a) If the minor’s parent or guardian provides consent for
263 the minor to become an account holder or maintain an existing
264 account, the companion chatbot platform must allow the
265 consenting parent or guardian of the minor account holder to:
266 1. Receive copies of all past or present interactions
267 between the account holder and the companion chatbot;
268 2. Limit the amount of time that the account holder may
269 interact with the companion chatbot each day;
270 3. Limit the days of the week and the times during the day
271 when the account holder may interact with the companion chatbot;
272 4. Disable any of the interactions between the account
273 holder and third-party account holders on the companion chatbot
274 platform; and
275 5. Receive timely notifications if the account holder
276 expresses to the companion chatbot a desire or an intent to
277 engage in self-harm or to harm others.
278 (b) A companion chatbot platform shall do all of the
279 following:
280 1. Terminate any account belonging to an account holder who
281 is a minor if the companion chatbot platform treats or
282 categorizes the account as belonging to a minor for purposes of
283 targeting content or advertising and if the minor’s parent or
284 guardian has not provided consent for the minor to become an
285 account holder or to maintain an existing account. The companion
286 chatbot platform shall provide 90 days for the account holder to
287 dispute the termination. Termination must be effective upon the
288 expiration of the 90 days if the account holder fails to
289 effectively dispute the termination.
290 2. Allow an account holder who is a minor to request to
291 terminate the account. Termination must be effective within 5
292 business days after the request.
293 3. Allow the consenting parent or guardian of an account
294 holder who is a minor to request that the minor’s account be
295 terminated. Termination must be effective within 10 business
296 days after the request.
297 4. Permanently delete all personal information held by the
298 companion chatbot platform relating to the terminated account,
299 unless state or federal law requires the platform to maintain
300 the information.
301 (2) In connection with all accounts held by account holders
302 who are minors, the companion chatbot platform shall do all of
303 the following:
304 (a) Disclose to the account holder that he or she is
305 interacting with artificial intelligence.
306 (b) Provide by default a clear and conspicuous notification
307 to the account holder, at the beginning of companion chatbot
308 interactions and at least once every hour during continuing
309 interactions, reminding the minor to take a break and that the
310 companion chatbot is artificially generated and not human.
311 (c) Institute reasonable measures to prevent its companion
312 chatbot from producing or sharing materials harmful to minors or
313 encouraging the account holder to engage in any of the conduct
314 described or depicted in materials harmful to minors.
315 (3) A knowing or reckless violation of this section is
316 deemed a deceptive or unfair trade practice or act actionable
317 under part II of this chapter solely by the department against a
318 companion chatbot platform. If the department has reason to
319 believe that a companion chatbot platform is in violation of
320 this section, the department, as the enforcing authority, may
321 bring an action against such platform for a deceptive or unfair
322 trade practice or act. For the purpose of bringing an action
323 pursuant to this section, ss. 501.211 and 501.212 do not apply.
324 In addition to other remedies under part II of this chapter, the
325 department may collect a civil penalty of up to $50,000 per
326 violation and reasonable attorney fees and court costs. If the
327 companion chatbot platform’s failure to comply with this section
328 is part of a consistent pattern of knowing or reckless conduct,
329 punitive damages may be assessed against the companion chatbot
330 platform.
331 (4)(a) A companion chatbot platform that knowingly or
332 recklessly violates this section is liable to a minor account
333 holder for up to $10,000 in damages plus court costs and
334 reasonable attorney fees as ordered by the court.
335 (b) A civil action for a claim under this subsection must
336 be brought within 1 year after the date the complainant knew, or
337 reasonably should have known, of the alleged violation.
338 (c) An action brought under this subsection may be brought
339 only on behalf of a minor account holder.
340 (5) For purposes of bringing an action under this section,
341 a companion chatbot platform that allows a minor account holder
342 in this state to create an account on the platform is considered
343 to be both engaged in substantial and not isolated activities
344 within this state and operating, conducting, engaging in, or
345 carrying on a business and doing business in this state, and is
346 therefore subject to the jurisdiction of the courts of this
347 state.
348 (6) If a companion chatbot platform allows a minor account
349 holder to use the companion chatbot platform, the parties have
350 entered into a contract.
351 (7) This section does not preclude any other available
352 remedy at law or equity.
353 (8) The department may adopt rules to implement this
354 section.
355 Section 7. Section 501.9985, Florida Statutes, is created
356 to read:
357 501.9985 Consumer protections regarding bots.—
358 (1) At the beginning of an interaction between a user and a
359 bot, and at least once every hour during the interaction, an
360 operator shall display a pop-up message notifying users that
361 they are not engaging in dialogue with a human counterpart.
362 (2) A violation of this section is deemed a deceptive or
363 unfair trade practice or act actionable under part II of this
364 chapter solely by the department on behalf of a user of a bot.
365 If the department has reason to believe that an operator is in
366 violation of this section, the department, as the enforcing
367 authority, may bring an action against the operator for a
368 deceptive or unfair trade practice or act. For the purpose of
369 bringing an action pursuant to this section, ss. 501.211 and
370 501.212 do not apply. In addition to any other remedy under part
371 II of this chapter, the department may collect a civil penalty
372 of up to $50,000 per violation and reasonable attorney fees and
373 court costs.
374 (3) This section does not preclude any other available
375 remedy at law or equity.
376 (4) For purposes of bringing an action pursuant to this
377 section, a person who meets the definition of an operator that
378 owns, operates, or otherwise makes available a bot to
379 individuals in this state is considered to be both engaged in
380 substantial and not isolated activities within this state and
381 operating, conducting, engaging in, or carrying on a business,
382 and doing business in this state, and is therefore subject to
383 the jurisdiction of the courts of this state.
384 (5) The department may adopt rules to implement this
385 section.
386 Section 8. Section 501.9986, Florida Statutes, is created
387 to read:
388 501.9986 Consumer protections regarding deidentified data.—
389 (1) An artificial intelligence technology company may not
390 sell or disclose personal information of users unless the
391 information is deidentified data.
392 (2) An artificial intelligence technology company in
393 possession of deidentified data shall do all of the following:
394 (a) Take reasonable measures to ensure that the data cannot
395 be associated with an individual.
396 (b) Maintain and use the data in deidentified form. An
397 artificial intelligence technology company may not attempt to
398 reidentify the data, except that the artificial intelligence
399 technology company may attempt to reidentify the data solely for
400 the purpose of determining whether its deidentification
401 processes satisfy the requirements of this section.
402 (c) Contractually obligate a recipient of the deidentified
403 data to comply with this section.
404 (d) Implement business processes to prevent the inadvertent
405 release of deidentified data.
406 (3) A violation of this section is deemed a deceptive or
407 unfair trade practice or act actionable under part II of this
408 chapter solely by the department. If the department has reason
409 to believe that an artificial intelligence technology company is
410 in violation of this section, the department, as the enforcing
411 authority, may bring an action against the artificial
412 intelligence technology company for a deceptive or unfair trade
413 practice or act. For the purpose of bringing an action pursuant
414 to this section, ss. 501.211 and 501.212 do not apply. In
415 addition to any other remedy under part II of this chapter, the
416 department may collect a civil penalty of up to $50,000 per
417 violation and reasonable attorney fees and court costs.
418 (4) For purposes of bringing an action pursuant to this
419 section, a person who meets the definition of an artificial
420 intelligence technology company that produces, develops,
421 creates, designs, or manufactures artificial intelligence
422 technology or products, collects data for use in artificial
423 intelligence products, or implements artificial intelligence
424 technology in this state is considered to be both engaged in
425 substantial and not isolated activities within this state and
426 operating, conducting, engaging in, or carrying on a business,
427 and doing business in this state, and is therefore subject to
428 the jurisdiction of the courts of this state.
429 (5) The department may adopt rules to implement this
430 section.
431 Section 9. Section 501.9987, Florida Statutes, is created
432 to read:
433 501.9987 Investigations.—
434 (1) If, by its own inquiry or as a result of complaints,
435 the department has reason to believe that a person has engaged
436 in, or is engaging in, a practice or an act that violates this
437 part, the department may administer oaths and affirmations,
438 subpoena witnesses or matter, and collect evidence. Within 5
439 days, excluding weekends and legal holidays, after service of a
440 subpoena or at any time before the return date specified in the
441 subpoena, whichever time period is longer, the party served may
442 file in the circuit court in the county in which it resides or
443 in which it transacts business and serve upon the enforcing
444 authority a petition for an order modifying or setting aside the
445 subpoena. The petitioner may raise any objection or privilege
446 that would be available upon service of a subpoena in a civil
447 action. The subpoena must inform the party served of the party’s
448 rights under this subsection.
449 (2) If the matter that the department seeks to obtain by
450 subpoena is located outside this state, the person subpoenaed
451 may make the matter available to the department or its
452 representative at the place where it is located. The department
453 may designate representatives, including officials of the state
454 in which the matter is located, to inspect the matter on its
455 behalf and may respond to similar requests from officials of
456 other states.
457 (3) Upon the failure of a person, without lawful excuse, to
458 obey a subpoena and upon reasonable notice to all persons
459 affected, the department may apply to the circuit court for an
460 order compelling compliance.
461 (4) The department may request that a person who refuses to
462 comply with a subpoena on the grounds that the testimony or
463 matter may be self-incriminating be ordered by the court to
464 provide the testimony or matter. Except in a prosecution for
465 perjury, a person who complies with a court order to provide
466 testimony or matter after asserting a valid privilege against
467 self-incrimination may not have the testimony or matter so
468 provided, or evidence derived from the testimony or matter,
469 received against the person in any criminal investigation or
470 proceeding.
471 (5) A person upon whom a subpoena is served pursuant to
472 this part must comply with its terms unless otherwise provided
473 by order of the court. A person who fails to appear, with the
474 intent to avoid, evade, or prevent compliance in whole or in
475 part with an investigation under this part, or who removes from
476 any place, conceals, withholds, mutilates, alters, or destroys,
477 or by any other means falsifies any documentary material in the
478 possession, custody, or control of a person subject to a
479 subpoena, or who knowingly conceals relevant information with
480 the intent to avoid, evade, or prevent compliance, is liable for
481 a civil penalty of not more than $5,000 per week in violation,
482 reasonable attorney fees, and costs.
483 (6) The department may adopt rules to implement this
484 section.
485 Section 10. Section 540.08, Florida Statutes, is amended to
486 read:
487 540.08 Unauthorized publication of name, image, or
488 likeness.—
489 (1) As used in this section, the term:
490 (a) “Generative artificial intelligence” means a machine
491 based system that can, for a given set of human-defined
492 objectives, emulate the structure and characteristics of input
493 data in order to generate derived synthetic content, including
494 images, videos, audio, text, and other digital content.
495 (b) “Person” has the same meaning as in s. 1.01(3) but also
496 includes a government or a governmental subdivision, agency,
497 instrumentality, or public corporation.
498 (c) “Servicemember” has the same meaning as in s. 250.01
499 and includes any officer or enlisted member who died from
500 service-connected causes while on active duty.
501 (d) “Surviving children” means an individual’s immediate
502 offspring and any children legally adopted by the individual.
503 (e) “Surviving spouse” means an individual’s surviving
504 spouse under the law of the individual’s domicile at the time of
505 the individual’s death, regardless of whether the spouse later
506 remarried.
507 (2) A person may not publish, print, display, or otherwise
508 publicly use for trade or for any commercial or advertising
509 purpose the name, portrait, photograph, image, or other likeness
510 of an individual created through generative artificial
511 intelligence without the express written or oral consent to such
512 use given by any of the following:
513 (a) The individual.
514 (b) Any other person authorized in writing by the
515 individual to license the commercial use of the individual’s
516 name, image, or likeness.
517 (c) If the individual is deceased:
518 1. A person authorized in writing to license the commercial
519 use of the individual’s name, image, or likeness; or
520 2. If a person is not authorized, any one individual from a
521 class composed of the deceased individual’s surviving spouse and
522 surviving children. A legal parent or guardian may give consent
523 on behalf of a minor surviving child.
524 (3) A No person may not shall publish, print, display or
525 otherwise publicly use for purposes of trade or for any
526 commercial or advertising purpose the name, portrait,
527 photograph, image, or other likeness of an individual any
528 natural person without the express written or oral consent to
529 such use given by any of the following:
530 (a) The individual. Such person; or
531 (b) Any other person, firm or corporation authorized in
532 writing by the individual such person to license the commercial
533 use of the individual’s her or his name, image, or likeness.; or
534 (c) If the individual such person is deceased:,
535 1. A any person, firm or corporation authorized in writing
536 to license the commercial use of the deceased individual’s her
537 or his name, image, or likeness;, or
538 2. If a no person, firm or corporation is not so
539 authorized, then by any one individual from among a class
540 composed of the individual’s her or his surviving spouse and
541 surviving children. A legal parent or guardian may give consent
542 on behalf of a minor surviving child.
543 (4)(2) If In the event the consent required in subsection
544 (2) or subsection (3) (1) is not obtained, the individual person
545 whose name, portrait, photograph, image, or other likeness is so
546 used, or a any person, firm, or corporation authorized by the
547 individual such person in writing to license the commercial use
548 of the individual’s her or his name, image, or likeness, or, if
549 the individual person whose likeness is used is deceased, a any
550 person, firm, or corporation having the right to give such
551 consent, as provided in subsection (2) or subsection (3)
552 hereinabove, may bring an action to enjoin the such unauthorized
553 publication, printing, display, or other public use, and to
554 recover damages for any loss or injury resulting from the
555 unauthorized publication sustained by reason thereof, including
556 an amount that which would have been a reasonable royalty, and
557 punitive or exemplary damages.
558 (5)(3) If a person uses the name, portrait, photograph,
559 image, or other likeness of a servicemember member of the armed
560 forces without obtaining the consent required in subsection (2)
561 or subsection (3) (1) and the such use is not subject to an any
562 exception listed in this section, a court may impose a civil
563 penalty of up to $1,000 per violation in addition to the civil
564 remedies contained in subsection (4) (2). Each commercial
565 transaction constitutes a violation under this section. As used
566 in this section, the term “member of the armed forces” means an
567 officer or enlisted member of the Army, Navy, Air Force, Marine
568 Corps, Space Force, or Coast Guard of the United States, the
569 Florida National Guard, and the United States Reserve Forces,
570 including any officer or enlisted member who died as a result of
571 injuries sustained in the line of duty.
572 (6)(4) The provisions of This section does shall not apply
573 to any of the following:
574 (a) The publication, printing, display, or use of the name,
575 image, or likeness of an individual any person in a any
576 newspaper, magazine, book, news broadcast or telecast, or other
577 news medium or publication if used as part of a any bona fide
578 news report or presentation having a current and legitimate
579 public interest and if the where such name, image, or likeness
580 is not used for advertising purposes.;
581 (b) The use of an individual’s such name, portrait,
582 photograph, image, or other likeness in connection with the
583 resale or other distribution of literary, musical, or artistic
584 productions or other articles of merchandise or property with
585 the individual’s consent where such person has consented to the
586 use of her or his name, portrait, photograph, or likeness on or
587 in connection with the initial sale or distribution of the
588 productions, articles, or merchandise. thereof; or
589 (c) A Any photograph of an individual a person solely as a
590 member of the public if the individual and where such person is
591 not named or otherwise identified in or in connection with the
592 use of the such photograph.
593 (7)(5) An No action may not shall be brought under this
594 section by reason of a any publication, printing, display, or
595 other public use of the name, image, or likeness of an
596 individual a person occurring more than after the expiration of
597 40 years from and after the death of the individual such person.
598 (6) As used in this section, a person’s “surviving spouse”
599 is the person’s surviving spouse under the law of her or his
600 domicile at the time of her or his death, whether or not the
601 spouse has later remarried; and a person’s “children” are her or
602 his immediate offspring and any children legally adopted by the
603 person. Any consent provided for in subsection (1) shall be
604 given on behalf of a minor by the guardian of her or his person
605 or by either parent.
606 (8)(7) The remedies provided for in this section are shall
607 be in addition to and not in limitation of the remedies and
608 rights of any person under the common law against the invasion
609 of her or his privacy.
610 Section 11. For the purpose of incorporating the amendment
611 made by this act to section 540.08, Florida Statutes, in a
612 reference thereto, section 540.10, Florida Statutes, is
613 reenacted to read:
614 540.10 Exemption of news media from liability.—No relief
615 may be obtained under s. 540.08 or s. 540.09, against any
616 broadcaster, publisher or distributor broadcasting, publishing
617 or distributing paid advertising matter by radio or television
618 or in a newspaper, magazine, or similar periodical without
619 knowledge or notice that any consent required by s. 540.08 or s.
620 540.09, in connection with such advertising matter has not been
621 obtained, except an injunction against the presentation of such
622 advertising matter in future broadcasts or in future issues of
623 such newspaper, magazine, or similar periodical.
624 Section 12. For the purpose of incorporating the amendment
625 made by this act to section 540.08, Florida Statutes, in a
626 reference thereto, paragraph (c) of subsection (1) of section
627 743.08, Florida Statutes, is reenacted to read:
628 743.08 Removal of disabilities of minors; artistic or
629 creative services; professional sports contracts; judicial
630 approval.—
631 (1) A contract made by a minor or made by a parent or
632 guardian of a minor, or a contract proposed to be so made, may
633 be approved by the probate division of the circuit court or any
634 other division of the circuit court that has guardianship
635 jurisdiction, where the minor is a resident of this state or the
636 services of the minor are to be performed or rendered in this
637 state, where the contract sought to be approved is one under
638 which:
639 (c) The minor will endorse a product or service, or in any
640 other way receive compensation for the use of right of publicity
641 of the minor as that right is defined by s. 540.08.
642 Section 13. This act shall take effect July 1, 2026.