You will need to look at Florida invasion ofnprivacy laws to see ifntherenisma cause ofnaction youncan bring in his home state to obtain a cease and desist order. You need to confer with a FL civil litigator. I recommend you speak with Alan Kluger at Kluger Katzen or Jonathan Etra at Broad and Cassel some advice and direction.
My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.
Have a Florida lawyer send your ex a cease and desist letter. See if that gets his attention. A California lawyer's letter will probably not have the desire effect because he'll know that lawyer can't practice law/sue him in Florida. Hope that gets his attention because to sue him, to you would have to file and litigate the suit in the county where he resides. It will be expensive, especially because you'll have an uphill battle evidentiary wise--the problem is that you voluntarily posed for them and he had it in his possession with your consent. Yes, you can sue, but it's your word against his--he's going to say he had permission and you are now raising a stink because you're broken up. Also, you'll have to show the court with evidence that you suffered economic damages if you want money from him (so if you want anything other than the photos taken down). If he has text with the photos, or tries to make money off the photos, you'll have a stronger case for a lawsuit.
We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.
Either contact Instagram yourself and see what their response is or contact a Florida attorney.
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.
The courts have mostly held that this is a First Amendment Free Speech issue, and the case law is still evolving. It's unlikely that there will be any resolution of this issue any time soon.
I am a Florida attorney who practices in the areas of personal injury, criminal defense, and civil rights. You can call me to arrange a free consultation about your case if it is in one of those three areas. My phone number is 407-463-3506. My answers on Avvo are not legal advice, and they do not create an attorney-client relationship. If you contact me--please understand that I cannot contact you--then I will carefully evaluate your case and determine if I will accept you as a client. Unless you and I sign a contract for legal representation, then I am not your attorney of record, although everything (with certain exceptions--like plans to commit a crime) you tell me is protected by attorney-client privilege even if I don't accept you as a client. Furthermore, Avvo is a limited forum and not well-suited for complex legal analysis. You should always obtain competent legal advice from attorneys who will carefully evaluate all your case's specific facts. Avvo isn't the place for that. The hiring of a lawyer is an important decision that should not be based solely upon advertising. Before you decide, ask us to send you free written information about the lawyer’s qualifications and experience.