Senate Bill sb2220er

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    2001 Legislature                 CS for SB 2220, 2nd Engrossed



  1                                 

  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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    2001 Legislature                 CS for SB 2220, 2nd Engrossed



  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" means the programs and

  5  routines used to employ and control the capabilities of data

  6  processing hardware, including, but not limited to, operating

  7  systems, compilers, assemblers, utilities, library routines,

  8  maintenance routines, applications, and computer networking

  9  programs.

10         (c)  "Proprietary software" means data processing

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

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

13  copyrights for data processing software created by the agency

14  and to enforce its rights pertaining to such copyrights,

15  provided that the agency complies with the requirements of

16  this section.

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

18  processing software created by the agency may sell or license

19  the copyrighted data processing software to any public agency

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

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

22  Proceeds from the sale or licensing of copyrighted data

23  processing software shall be deposited by the agency into a

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

25  purposes.  Counties, municipalities, and other political

26  subdivisions of the state may designate how such sale and

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

28  and the fee for the licensing of copyrighted data processing

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

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

31  processing software to an individual or entity solely for


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    2001 Legislature                 CS for SB 2220, 2nd Engrossed



  1  application to information maintained or generated by the

  2  agency that created the copyrighted data processing software

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

  4         (b)  The provisions of this subsection are supplemental

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

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

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

  8  secret laws and public records exemptions, agency use of

  9  proprietary software must not diminish the right of the public

10  to inspect and copy a public record.

11         (4)  An agency must consider when designing or

12  acquiring an electronic recordkeeping system that such system

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

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

15  Interchange.

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

17  electronic recordkeeping system shall provide to any person,

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

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

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

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

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

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

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

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

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

27  information not routinely developed or maintained by the

28  agency or that requires a substantial amount of manipulation

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

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

31  creation or maintenance of a public records database if that


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    2001 Legislature                 CS for SB 2220, 2nd Engrossed



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

  2  the public records of that agency, including public records

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

  4  system used by the agency. Such contract may not allow any

  5  impediment that as a practical matter makes it more difficult

  6  for the public to inspect or copy the records than to inspect

  7  or copy the agency's records. The fees and costs for the

  8  production of such records may not be more than the fees or

  9  costs charged by the agency.

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

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

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

13  saved from repeal through reenactment by the Legislature.

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

15  necessity to permit governmental agencies to acquire, hold,

16  and enforce copyrights for data processing software created by

17  the agency. Allowing agencies to copyright their software

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

19  market value to public agencies or private persons and recoup

20  production expenses. Governmental agencies spend valuable

21  public resources on developing and creating software to

22  enhance system productivity. Currently there is no protection

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

24  expense of taxpayers and using that software without

25  restriction for personal or financial gain. This exemption is

26  needed to protect the integrity and development of computer

27  technology design created by governmental agencies by

28  restricting the use of the software for commercial purposes.

29  The Legislature also finds that this exemption protects the

30  public by ensuring that access to electronic public records is

31  not prohibited. Thus, the public benefit in copyrighting


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    2001 Legislature                 CS for SB 2220, 2nd Engrossed



  1  governmental software significantly outweighs any public or

  2  private harm because the use of this information without the

  3  necessary restrictions adversely impacts governmental

  4  agencies' proprietary rights.

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

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