Florida Statute 540.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 540
COMMERCIAL DISCRIMINATION

View Entire Chapter

F.S. 540.08

540.08 Unauthorized publication of name or likeness.—

(1) No person shall publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness of any natural person without the express written or oral consent to such use given by:

(a) Such person; or

(b) Any other person, firm or corporation authorized in writing by such person to license the commercial use of her or his name or likeness; or

(c) If such person is deceased, any person, firm or corporation authorized in writing to license the commercial use of her or his name or likeness, or if no person, firm or corporation is so authorized, then by any one from among a class composed of her or his surviving spouse and surviving children.

(2) In the event the consent required in subsection (1) is not obtained, the person whose name, portrait, photograph, or other likeness is so used, or any person, firm, or corporation authorized by such person in writing to license the commercial use of her or his name or likeness, or, if the person whose likeness is used is deceased, any person, firm, or corporation having the right to give such consent, as provided hereinabove, may bring an action to enjoin such unauthorized publication, printing, display or other public use, and to recover damages for any loss or injury sustained by reason thereof, including an amount which would have been a reasonable royalty, and punitive or exemplary damages.

(3) If a person uses the name, portrait, photograph, or other likeness of a member of the armed forces without obtaining the consent required in subsection (1) and such use is not subject to any exception listed in this section, a court may impose a civil penalty of up to $1,000 per violation in addition to the civil remedies contained in subsection (2). Each commercial transaction constitutes a violation under this section. As used in this section, the term “member of the armed forces” means an officer or enlisted member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard of the United States, the Florida National Guard, and the United States Reserve Forces, including any officer or enlisted member who died as a result of injuries sustained in the line of duty.

(4) The provisions of this section shall not apply to:

(a) The publication, printing, display, or use of the name or likeness of any person in any newspaper, magazine, book, news broadcast or telecast, or other news medium or publication as part of any bona fide news report or presentation having a current and legitimate public interest and where such name or likeness is not used for advertising purposes;

(b) The use of such name, portrait, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property where such person has consented to the use of her or his name, portrait, photograph, or likeness on or in connection with the initial sale or distribution thereof; or

(c) Any photograph of a person solely as a member of the public and where such person is not named or otherwise identified in or in connection with the use of such photograph.

(5) No action shall be brought under this section by reason of any publication, printing, display, or other public use of the name or likeness of a person occurring after the expiration of 40 years from and after the death of such person.

(6) As used in this section, a person’s “surviving spouse” is the person’s surviving spouse under the law of her or his domicile at the time of her or his death, whether or not the spouse has later remarried; and a person’s “children” are her or his immediate offspring and any children legally adopted by the person. Any consent provided for in subsection (1) shall be given on behalf of a minor by the guardian of her or his person or by either parent.

(7) The remedies provided for in this section shall be in addition to and not in limitation of the remedies and rights of any person under the common law against the invasion of her or his privacy.

History.—s. 1, ch. 67-57; s. 751, ch. 97-103; s. 2, ch. 2007-164; s. 16, ch. 2022-183.

F.S. 540.08 on Google Scholar

F.S. 540.08 on Casetext

Amendments to 540.08

Arrestable Offenses / Crimes under Fla. Stat. 540.08

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 540.08.

Annotations, Discussions, Cases:

Cases Citing Statute 540.08

Total Results: 20

JAY LEWIS FARROW AND FARROW LAW, P.A. vs INSURANCE OFFICE OF AMERICA, INC., JOHN K. RITENOUR, HEATH RITENOUR, JOSHUA D. CLARK, LAW OFFICES OF JOSHUA D. CLARK, P.A., LOUIS SPAGNUOLO, ROY CASWELL, J. DAVID NAUGHTON, WOODROW W. POWER, ET AL.

Court: District Court of Appeal of Florida | Date Filed: 2023-02-28

Snippet: Appellees and constituted a violation of section 540.08, Florida Statutes (2020). The trial court made

LOUIS SPAGNUOLO, JAY LEWIS FARROW, AND FARROW LAW, P.A., vs INSURANCE OFFICE OF AMERICA, INC., JOHN K. RITENOUR, HEATH RITENOUR, ROY CASWELL, AND J. DAVID NAUGHTON, IV

Court: District Court of Appeal of Florida | Date Filed: 2023-02-28

Snippet: Appellees and constituted a violation of section 540.08, Florida Statutes (2020). The trial court made

JACLYN SWEDBERG v. GOLDFINGER'S SOUTH, INC., D/B/A SHOWGIRLS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2022-03-16

Snippet: the instant action alleging violation of section 540.08, Florida Statutes, for the unauthorized publication

AVRA JAIN v. BUCHANAN INGERSOLL & ROONEY PC, etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-06-16

Snippet: judge by Fla. R. Civ. P. 1.540 8 is of the broadest scope

Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D.

Court: Supreme Court of Florida | Date Filed: 2017-11-09

Citation: 229 So. 3d 1118

Snippet: statutory and common law right of publicity. § 540.08, Fla. Stat. (2016); see, e.g., Cason v. Baskin

Ivana Vidovic Mlinar v. United Parcel Service, Inc.

Court: Supreme Court of Florida | Date Filed: 2016-03-03

Citation: 186 So. 3d 997, 41 Fla. L. Weekly Supp. 76, 2016 Fla. LEXIS 446, 2016 WL 825261

Snippet: unauthorized publication of name or likeness under section 540.08, Florida Statutes (2015); and violating- Florida’s

Balmoral Condominium Ass'n v. Grimaldi

Court: District Court of Appeal of Florida | Date Filed: 2013-01-23

Citation: 107 So. 3d 1149, 2013 WL 238203, 2013 Fla. App. LEXIS 829

Snippet: Berman, Florida Civil Procedure at ¶¶ 530.1 — 540.8 (2008). As explained more fully below, rule 1.530

Vrasic v. Leibel

Court: District Court of Appeal of Florida | Date Filed: 2013-01-09

Citation: 106 So. 3d 485, 2013 WL 85412

Snippet: statutory misappropriation, in violation of section 540.08, Florida Statutes; property damage; and intentional

Bosem v. Musa Holdings, Inc.

Court: Supreme Court of Florida | Date Filed: 2010-09-23

Citation: 46 So. 3d 42, 35 Fla. L. Weekly Supp. 515, 2010 Fla. LEXIS 1612, 2010 WL 3701293

Snippet: biography was unauthorized and in violation of section 540.08, Florida Statutes, and the Lanham Act. Accordingly

Bosem v. Musa Holdings, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-04-15

Citation: 8 So. 3d 1185, 2009 Fla. App. LEXIS 3173, 2009 WL 996314

Snippet: biography was unauthorized and in violation of section 540.08, Florida Statutes, and the Lanham Act. Accordingly

Jews for Jesus, Inc. v. Rapp

Court: Supreme Court of Florida | Date Filed: 2008-10-23

Citation: 997 So. 2d 1098, 36 Media L. Rep. (BNA) 2540, 33 Fla. L. Weekly Supp. 849, 2008 Fla. LEXIS 2010, 2008 WL 4659374

Snippet: commercial appropriation is set forth in section 540.08, Florida Statutes (2007). See generally Tyne v

Tyne v. Time Warner Entertainment Co.

Court: Supreme Court of Florida | Date Filed: 2005-04-21

Citation: 901 So. 2d 802, 2005 WL 914193

Snippet: Florida's commercial misappropriation law [section 540.08, Florida Statutes (2000)][2] and for common law

Weinstein Design Group, Inc. v. Fielder

Court: District Court of Appeal of Florida | Date Filed: 2004-09-29

Citation: 884 So. 2d 990, 2004 WL 2173632

Snippet: without his authorization, in violation of section 540.08, Florida Statutes, and for the common law tort

Pappas v. Smart Health U.S.A.

Court: District Court of Appeal of Florida | Date Filed: 2003-11-19

Citation: 861 So. 2d 84, 2003 Fla. App. LEXIS 17628

Snippet: invasion of privacy and a violation of section 540.08, Florida Statutes (2000), which imposes liability

Jensen v. Rice

Court: District Court of Appeal of Florida | Date Filed: 2002-03-13

Citation: 809 So. 2d 895, 2002 WL 385567

Snippet: Jensen's name and picture in violation of section 540.08, Florida Statutes (2000). In response to the complaint

Baucom v. Haverty

Court: District Court of Appeal of Florida | Date Filed: 2001-11-21

Citation: 805 So. 2d 959, 2001 WL 1471754

Snippet: unauthorized publication of name or likeness under section 540.08, Florida Statutes (1997), two counts of invasion

Sun International Bahamas, Ltd. v. Wagner

Court: District Court of Appeal of Florida | Date Filed: 2000-05-10

Citation: 758 So. 2d 1190, 2000 Fla. App. LEXIS 5544, 2000 WL 561487

Snippet: and $250,000.00 in punitive damages under section 540.08, Florida Statutes (1997), for the unauthorized

Comptech Intern., Inc. v. Milam Commerce Park, Ltd.

Court: Supreme Court of Florida | Date Filed: 1999-10-28

Citation: 753 So. 2d 1219, 1999 WL 983857

Snippet: publication action brought pursuant to section 540.08, Florida Statutes (1993).[5] In ruling that the

Putnam Berkley Group, Inc. v. Dinin

Court: District Court of Appeal of Florida | Date Filed: 1999-05-26

Citation: 734 So. 2d 532, 1999 WL 333143

Snippet: Because their statutory claim was based on section 540.08,[7] as distinguished from a claim based on the

Facchina v. Mutual Benefits Corp.

Court: District Court of Appeal of Florida | Date Filed: 1999-01-20

Citation: 735 So. 2d 499, 1999 WL 19185

Snippet: his claim for unauthorized publication on section 540.08 which provides in pertinent part as follows: "(1)