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                  VA NEWS FLASH
from Larry Scott at VA Watchdog dot Org -- 07-12-2007 #4
 


 

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NEW FLORIDA LAW PROTECTS NAMES AND IMAGES OF

MILITARY HEROES -- Hucksters could be fined up to $1,000

for each bootleg item they sell under a new law named

for a Tallahassee soldier who died in Iraq.

 

 

Story here... http://www.pensacolanewsjournal.
com/apps/pbcs.dll/article?AID=/2007
0711/NEWS01/707110331/1006

Story below:

-------------------------

Law protects names, images of military heroes

Bill Cotterell
News Journal capital bureau

 

TALLAHASSEE — Hucksters preying on the patriotism of Floridians by hawking images of military heroes could be fined up to $1,000 for each bootleg item they sell under a new law named for a Tallahassee soldier who died in Iraq.

Surrounded by service members, veterans and state officials, Gov. Charlie Crist praised the 2007 Legislature Tuesday for passing four bills honoring the military.

One new law gives veterans a permanent preference in government hiring, another increases property-tax exemptions for those disabled in combat and a third extends emergency financial assistance as service members return to civilian life.

But the one that drew the most discussion at a 30-minute Capitol ceremony was the Robert A. Wise Military Protection Act, which increases civil penalties for unwelcome use of names or images of service members. Sen. Jeff Atwater, R-North Palm Beach, said his bill was prompted by the sale of T-shirts, phone cards — even body armor — bearing pictures of fallen military members.

"It is a shame that some people do not retain the good conscience and the common sense God gave them when they were born, uncaring of the harm they do and the hurt they cause," said Tammy Wise-Thrash, mother of the Godby High School graduate who was killed by an improvised roadside bomb in 2003.

She thanked Crist for signing the bills and Atwater for making time for her when she went to his office "upset and tearful" over T-shirts bearing her son's picture, made without the family's knowledge.

"She and others have suffered, seeing the names and images of their loved ones on products — T-shirts, bulletproof vests, phone cards — some things they never would have lent their names to sponsor because some huckster has seen an opportunity to take an advantage and exploit this sadness to sell a product," said Atwater.

His bill provides fines up to $1,000 per item for products depicting service members without family authorization.

Brandon Hensler, a spokesman for the American Civil Liberties Union of Florida, said there could be First Amendment problems if the law is selectively enforced. He said a person or family can protect names and images from commercial exploitation, but that use of news photos or other information "in the public domain" is protected in political demonstrations.

Other new laws:

     Extend need-based emergency financial assistance to service members and dependents for up to 120 days after members leave active duty, to help with housing and other living expenses as they return to civilian life.

     Provide a permanent hiring preference for veterans seeking jobs with state government. Previously, the veterans' preference could be used only once.

     Provide greater property tax relief for wounded veterans. Under the new law, a veteran with a combat-related disability would get a tax reduction in proportion to their disability classification. Rep. Stan Jordan, R-Jacksonville, said that under his bill, a veteran with a 75 percent disability would get a 75 percent cut in property taxes. The exemption applies only to veterans over age 65 who were Florida residents when they joined the service.

-------------------------

Larry Scott  --

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