Senate Bill sb2220c1

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    Florida Senate - 2001                           CS for SB 2220

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senators Posey and Klein




    316-1794-01

  1                      A bill to be entitled

  2         An act relating to governmental data

  3         processing; creating s. 119.084, F.S.;

  4         providing definitions; authorizing governmental

  5         agencies to acquire, hold, and enforce

  6         copyrights for data processing software they

  7         create; authorizing sale or license of such

  8         software; authorizing establishment of sales

  9         price and licensing fee; providing requirements

10         for electronic recordkeeping systems; providing

11         for access to public records maintained in

12         electronic recordkeeping systems; providing for

13         fees to be charged for copying public records

14         maintained in electronic recordkeeping systems;

15         prohibiting contracts for public records

16         databases that impair public access to public

17         records; providing for future review and

18         repeal; providing a finding of public

19         necessity; providing an effective date.

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21  Be It Enacted by the Legislature of the State of Florida:

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23         Section 1.  Section 119.084, Florida Statutes, is

24  created to read:

25         119.084  Definitions; copyright of data processing

26  software created by governmental agencies; sale price and

27  licensing fee; access to public records; prohibited

28  contracts.--

29         (1)  As used in this section:

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    Florida Senate - 2001                           CS for SB 2220
    316-1794-01




  1         (a)  "Agency" has the same meaning as in s. 119.011(2),

  2  except that the term does not include any private agency,

  3  person, partnership, corporation, or business entity.

  4         (b)  "Data processing software" has the same meaning as

  5  in s. 282.303.

  6         (c)  "Proprietary software" means data processing

  7  software that is protected by copyright or trade secret laws.

  8         (2)  Any agency is authorized to acquire and hold

  9  copyrights for data processing software created by the agency

10  and to enforce its rights pertaining to such copyrights,

11  provided that the agency complies with the requirements of

12  this section.

13         (a)  Any agency that has acquired a copyright for data

14  processing software created by the agency may sell or license

15  the copyrighted data processing software to any public agency

16  or private person and may establish a price for the sale and a

17  license fee for the use of such data processing software.

18  Proceeds from the sale or licensing of copyrighted data

19  processing software shall be deposited by the agency into a

20  trust fund for the agency's appropriate use for authorized

21  purposes.  Counties, municipalities, and other political

22  subdivisions of the state may designate how such sale and

23  licensing proceeds are to be used. The price for the sale of

24  and the fee for the licensing of copyrighted data processing

25  software may be based on market considerations. However, the

26  prices or fees for the sale or licensing of copyrighted data

27  processing software to an individual or entity solely for

28  application to information maintained or generated by the

29  agency that created the copyrighted data processing software

30  shall be determined pursuant to s. 119.07(1).

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    Florida Senate - 2001                           CS for SB 2220
    316-1794-01




  1         (b)  The provisions of this subsection are supplemental

  2  to, and shall not supplant or repeal, any other provision of

  3  law that authorizes an agency to acquire and hold copyrights.

  4         (3)  Subject to the restrictions of copyright and trade

  5  secret laws and public records exemptions, agency use of

  6  proprietary software must not diminish the right of the public

  7  to inspect and copy a public record.

  8         (4)  An agency must consider when designing or

  9  acquiring an electronic recordkeeping system that such system

10  is capable of providing data in some common format such as,

11  but not limited to, the American Standard Code for Information

12  Interchange.

13         (5)  Each agency that maintains a public record in an

14  electronic recordkeeping system shall provide to any person,

15  pursuant to this chapter, a copy of any public record in that

16  system which is not exempted by law from public disclosure.

17  An agency must provide a copy of the record in the medium

18  requested if the agency maintains the record in that medium,

19  and the agency may charge a fee which shall be in accordance

20  with this chapter.  For the purpose of satisfying a public

21  records request, the fee to be charged by an agency if it

22  elects to provide a copy of a public record in a medium not

23  routinely used by the agency, or if it elects to compile

24  information not routinely developed or maintained by the

25  agency or that requires a substantial amount of manipulation

26  or programming, must be in accordance with s. 119.07(1)(b).

27         (6)  An agency may not enter into a contract for the

28  creation or maintenance of a public records database if that

29  contract impairs the ability of the public to inspect or copy

30  the public records of that agency, including public records

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    Florida Senate - 2001                           CS for SB 2220
    316-1794-01




  1  that are on-line or stored in an electronic recordkeeping

  2  system used by the agency.

  3         (7)  This section is subject to the Open Government

  4  Sunset Review Act of 1995 in accordance with s. 119.15 and

  5  shall stand repealed on October 2, 2006, unless reviewed and

  6  saved from repeal through reenactment by the Legislature.

  7         Section 2.  The Legislature finds that it is a public

  8  necessity to permit governmental agencies to acquire, hold,

  9  and enforce copyrights for data processing software created by

10  the agency. Allowing agencies to copyright their software

11  enables agencies to sell or license the software at a fair

12  market value to public agencies or private persons and recoup

13  production expenses. Governmental agencies spend valuable

14  public resources on developing and creating software to

15  enhance system productivity. Currently there is no protection

16  from any person obtaining software created by an agency at the

17  expense of taxpayers and using that software without

18  restriction for personal or financial gain. This exemption is

19  needed to protect the integrity and development of computer

20  technology design created by governmental agencies by

21  restricting the use of the software for commercial purposes.

22  The Legislature also finds that this exemption protects the

23  public by ensuring that access to electronic public records is

24  not prohibited. Thus, the public benefit in copyrighting

25  governmental software significantly outweighs any public or

26  private harm because the use of this information without the

27  necessary restrictions adversely impacts governmental

28  agencies' proprietary rights.

29         Section 3.  This act shall take effect upon becoming a

30  law.

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    Florida Senate - 2001                           CS for SB 2220
    316-1794-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2220

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  4  This CS includes the substance of the bill as filed and
    provides definitions; expands the scope of the bill to include
  5  "agencies" (which includes the state, counties, cities,
    districts, commissions, etc.) instead of only local
  6  governments; a repeal date of 10/02/06, and a statement of
    public necessity.
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