Senate Bill sb1038c1

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    Florida Senate - 2006                           CS for SB 1038

    By the Committee on Governmental Oversight and Productivity





    585-1816-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         119.084, F.S., relating to the copyright of

  5         data processing software created by

  6         governmental agencies; saving the provision

  7         from repeal under the Open Government Sunset

  8         Review Act; deleting provisions providing for

  9         the repeal of the section; providing an

10         effective date.

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

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14         Section 1.  Section 119.084, Florida Statutes, is

15  amended to read:

16         119.084  Copyright of data processing software created

17  by governmental agencies; sale price and licensing fee.--

18         (1)  As used in this section, "agency" has the same

19  meaning as in s. 119.011(2), except that the term does not

20  include any private agency, person, partnership, corporation,

21  or business entity.

22         (2)  An Any agency may is authorized to acquire and

23  hold a copyright copyrights for data processing software

24  created by the agency, and may to enforce its rights

25  pertaining to such copyright if copyrights, provided that the

26  agency complies with the requirements of this subsection

27  section.

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

29  processing software created by the agency may sell or license

30  the copyrighted data processing software to any public agency

31  or private person. The agency and may establish a price for

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    Florida Senate - 2006                           CS for SB 1038
    585-1816-06




 1  the sale and a license fee for the use of such data processing

 2  software which is. Proceeds from the sale or licensing of

 3  copyrighted data processing software shall be deposited by the

 4  agency into a trust fund for the agency's appropriate use for

 5  authorized purposes.  Counties, municipalities, and other

 6  political subdivisions of the state may designate how such

 7  sale and licensing proceeds are to be used. The price for the

 8  sale of and the fee for the licensing of copyrighted data

 9  processing software may be based on market considerations.

10  However, the price prices or fee fees for the sale or

11  licensing of copyrighted data processing software to an

12  individual or entity solely for application to information

13  maintained or generated by the agency that created the

14  copyrighted data processing software shall be determined

15  pursuant to s. 119.07(4).

16         (b)  Proceeds from the sale or licensing of copyrighted

17  data processing software shall be deposited by the agency into

18  a trust fund for the agency's appropriate use for authorized

19  purposes. Counties, municipalities, and other political

20  subdivisions of the state may designate how such sale and

21  licensing proceeds are to be used.

22         (c)(b)  The provisions of this subsection are

23  supplemental to, and do shall not supplant or repeal, any

24  other provision of law that authorizes an agency to acquire

25  and hold copyrights.

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

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

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

29  saved from repeal through reenactment by the Legislature.

30         Section 2.  This act shall take effect October 1, 2006.

31  

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    Florida Senate - 2006                           CS for SB 1038
    585-1816-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 1038

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 4  Corrects a technical bill drafting error. Replaces a word that
    was removed by mistake when a paragraph was moved.
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