Senate Bill sb7052pb
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Florida Senate - 2006 (PROPOSED COMMITTEE BILL) SPB 7052
FOR CONSIDERATION By the Committee on Governmental Oversight
and Productivity
585-498A-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 (PROPOSED COMMITTEE BILL) SPB 7052
585-498A-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 use for authorized purposes.
19 Counties, municipalities, and other political subdivisions of
20 the state may designate how such sale and licensing proceeds
21 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.
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Florida Senate - 2006 (PROPOSED COMMITTEE BILL) SPB 7052
585-498A-06
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2 SENATE SUMMARY
3 Revises provisions authorizing governmental agencies to
copyright data processing software. Removes the repeal of
4 the provision which is scheduled on October 2, 2006,
under the Open Government Sunset Review Act.
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