Constitution. The Florida Constitution expressly recognizes the right to privacy (FL Const. Art. 1, Sec. 23).
Common law. Many jurisdictions recognize four separate invasion of privacy claims. However, the Florida Supreme Court has expressly rejected a cause of action for publicity that places an individual in a false light (Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008)). The three invasion of privacy claims that are recognized by the Florida courts include:
• Intrusion upon solitude or seclusion;
• Public disclosure of private facts; and
• Appropriation of one's name or likeness.
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Download Now Subject to certain exceptions, Florida expressly prohibits any person from publishing, printing, displaying, or otherwise publicly using for trade, commercial, or advertising purposes, the name, portrait, photograph, or other likeness of any person without express written or oral consent given by:
• The person;
• Any person, firm, or corporation that is authorized to license the commercial use of that person's name or likeness; or
• If the 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, by his or her surviving spouse and surviving children (Fla. Stat. § 540.08).
