HB 7013

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding copyright of data processing
4	software created by governmental agencies; amending s.
5	119.084, F.S., which authorizes an agency to acquire and
6	hold a copyright for data processing software created by
7	the agency and to enforce its rights pertaining to such
8	copyright; making editorial changes; removing the
9	scheduled repeal of the exemption under the Open
10	Government Sunset Review Act; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 119.084, Florida Statutes, is amended
15	to read:
16	119.084  Copyright of data processing software created by
17	governmental agencies; sale price and licensing fee.--
18	(1)  As used in this section, "agency" has the same meaning
19	as in s. 119.011(2), except that the term does not include any
20	private agency, person, partnership, corporation, or business
21	entity.
22	(2)  An Any agency is authorized to acquire and hold a
23	copyright copyrights for data processing software created by the
24	agency and to enforce its rights pertaining to such copyright
25	copyrights, provided that the agency complies with the
26	requirements of this subsection section.
27	(a)  An Any agency that has acquired a copyright for data
28	processing software created by the agency may sell or license
29	the copyrighted data processing software to any public agency or
30	private person. The agency and may establish a price for the
31	sale and a licensing license fee for the use of such data
32	processing software that. Proceeds from the sale or licensing of
33	copyrighted data processing software shall be deposited by the
34	agency into a trust fund for the agency's appropriate use for
35	authorized purposes. Counties, municipalities, and other
36	political subdivisions of the state may designate how such sale
37	and licensing proceeds are to be used. The price for the sale of
38	and the fee for the licensing of copyrighted data processing
39	software may be based on market considerations. However, the
40	prices or fees for the sale or licensing of copyrighted data
41	processing software to an individual or entity solely for
42	application to information maintained or generated by the agency
43	that created the copyrighted data processing software shall be
44	determined pursuant to s. 119.07(4).
45	(b)  Proceeds from the sale or licensing of copyrighted
46	data processing software shall be deposited by the agency into a
47	trust fund for the agency's appropriate use for authorized
48	purposes. Counties, municipalities, and other political
49	subdivisions of the state may designate how such sale and
50	licensing proceeds are to be used.
51	(c)  The provisions of this subsection are supplemental to,
52	and shall not supplant or repeal, any other provision of law
53	that authorizes an agency to acquire and hold copyrights.
54	(3)  This section is subject to the Open Government Sunset
55	Review Act of 1995 in accordance with s. 119.15 and shall stand
56	repealed on October 2, 2006, unless reviewed and saved from
57	repeal through reenactment by the Legislature.
58	Section 2.  This act shall take effect October 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.