CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2004 WL 2723533
...(2002) (authorizing universities to secure copyrights in certain works). No statute authorizes a county property appraiser to hold a copyright. Additionally, the legislature has specifically permitted certain categories of public records to be copyrighted. Section 119.084 permits agencies to acquire and hold copyrights for data processing software the agencies have created. [2] The *876 staff analysis of the Senate bill that created section 119.084 recognized that a law permitting copyright protection of public records creates a public records exemption as contemplated in the Sunshine Amendment....
...In turn, section
119.011(2) defines an "agency" as: any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law.... [2] Skinner does not claim that section
119.084 applies to the public records at issue here. Moreover, Florida's attorney general has opined that GIS maps "do not appear to constitute `data processing software' as defined in section
119.084(1)(b), Florida Statutes, and thus are not subject to the copyright and licensing authorization contained in that statute." Op....
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
...s, data processing software, or other material, regardless of physical form [or] characteristics. . . ." 3 It is clear that maps and related data produced by Palm Beach County for purposes of county business are public records. With the exception of section 119.084 , Florida Statutes, discussed below, I am not aware of, nor have you brought to my attention, any statute that would generally allow counties or county agencies to secure copyrights for or license material produced by the county for official purposes....
...n of the victims or relatives of the victims of the reported crimes or accidents. Nothing herein shall prohibit the publication of such information by any news media or the use of such information for any other data collection or analysis purposes." Section 119.084 (2), Florida Statutes, authorizes any agency in this state to obtain a copyright on "data processing software" created by the agency and then to sell or license that software....
...is protected by copyright or trade secret laws, "must not diminish the right of the public to inspect and copy a public record." 8 However, the records with which you are concerned do not appear to constitute "data processing software" as defined in section 119.084 (1)(b), Florida Statutes, and thus are not subject to the copyright and licensing authorization contained in that statute....
...nes used to employ and control the capabilities of data processing hardware, including, but not limited to, operating systems, compilers, assemblers, utilities, library routines, maintenance routines, applications, and computer networking programs." Section
119.084 (1)(b), Fla. Stat. 6 Sections
119.084 (1)(a), and
119.011 (2), Fla. Stat. 7 Section
119.084 (2)(a), Fla. Stat. 8 Section
119.084 (3), Fla....
