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{{imbox
| type = license
| image = [[Image:PD-icon.svg|52px|alt=|link=]]
| imageright = [[Image:Seal of Florida.svg|64px|Florida seal]]
| text = This work was created by a government unit (including state, county, and municipal government agencies) of the [[U.S. state]] of '''[[Florida]]'''. It is a "public record" that was ''not'' created by an agency which state law has allowed to claim copyright and is therefore in the '''[[public domain]]''' in the United States.
{{hidden|headerstyle=text-align:left|1=Definition of "public record"|2=Public records are works "made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, [which includes the work of] the legislative, executive, and judicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to [Florida] law or [its] Constitution" ([[Florida Constitution]], §24) such as a work made or received pursuant to law or ordinance or in connection with the transaction of official business by any state, county, district, or other unit of government created or established by law of the State of Florida (definition of ''public work'' found in §119.011(12), [[Florida Statutes]]).
{{hidden|headerstyle=text-align:left|1=Agencies permitted to claim copyright|2=Florida's Constitution and its statutes do not permit any agency to claim copyright for "public records" unless authorized to do so by law. The following agencies are permitted to claim copyright (as well as trademarks<!-- and patents, but they're not relevant here -->) and '''any works of these agencies should be assumed to be copyrighted''' without clear evidence to the contrary:
*[[Florida Department of Transportation]] – §334.049(1)(a), Florida Statutes (2014)
*Florida Department of State – §286.031, Florida Statutes (2014)
*[[Florida Lottery]] – §24.105(10), Florida Statutes (2014)
*[[Space Florida]] – §331.305(4), Florida Statutes (2014)
*[[Water management districts in Florida|Water management districts]] – §373.608(1), Florida Statutes (2014)<br />
*Florida Department of Citrus – §601.101, Florida Statutes (2014)
*Florida [[State University System of Florida|state universities]] and [[Florida College System|state colleges]] – §1004.23(1) and §1004.726(1), Florida Statutes (2014)<br>
Works by defunct state agencies may be copyrighted if these rights were transferred to a new or different agency (note that legislation transferring such right may not have been [[Codification (law)|codified]] into Florida Statutes). For example, copyright in works by the Florida Space Authority may have been transferred to Space Florida. State and municipal government agencies may claim copyright for software ''created'' by the agency (§ 119.084, Florida Statutes 2014).
In case law, ''[[:en:Microdecisions, Inc. v. Skinner|Microdecisions, Inc. v. Skinner]]''—889 So. 2d 871 (Fla. 2d DCA 2004) ([http://caselaw.lp.findlaw.com/data2/floridastatecases/app/app2_12_2004/2d03-3346.pdf Findlaw])—held that the Collier County Property Appraiser could not require commercial users to enter into a licensing agreement, holding that "[the agency] has no authority to assert copyright protection in the GIS maps, which are public records."}}
{{hidden|headerstyle=text-align:left|1=Works created by other parties and used by government agencies|2=Works which are considered "public records" but were not created by a state or municipal government agency may be copyrighted by their author; the [[Supremacy Clause]] of the [[United States Constitution]] prevents state law from overriding the author's right to copyright protection that is granted by federal law. For example, a state agency may post images online of the final appearance of a building under construction; while the images may be "public records", their creator (eg. architecture/construction firm) retains copyright rights to the image unless the contract with the agency says otherwise. See: [http://www.myflsunshine.com/sun.nsf/manual/b3145618ec05d8ec852566f30070699b Government-in-the-Sunshine Manual: To what extent does federal law preempt state law regarding public inspection of records?].}}
<small>'''Disclaimer:''' The information provided, especially the list of agencies permitted to claim copyright, may not be complete. Wikipedia and the Wikimedia Foundation make '''no guarantee of the adequacy or validity''' of the information in this template (see [[Wikipedia:General disclaimer|disclaimer]]).</small>}}
}}{{file other
| [[Category:Florida government images|{{PAGENAME}}]]
}}{{free media}}<noinclude>
{{documentation}}
</noinclude>
| type = license
| image = [[Image:PD-icon.svg|52px|alt=|link=]]
| imageright = [[Image:Seal of Florida.svg|64px|Florida seal]]
| text = This work was created by a government unit (including state, county, and municipal government agencies) of the [[U.S. state]] of '''[[Florida]]'''. It is a "public record" that was ''not'' created by an agency which state law has allowed to claim copyright and is therefore in the '''[[public domain]]''' in the United States.
{{hidden|headerstyle=text-align:left|1=Definition of "public record"|2=Public records are works "made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, [which includes the work of] the legislative, executive, and judicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to [Florida] law or [its] Constitution" ([[Florida Constitution]], §24) such as a work made or received pursuant to law or ordinance or in connection with the transaction of official business by any state, county, district, or other unit of government created or established by law of the State of Florida (definition of ''public work'' found in §119.011(12), [[Florida Statutes]]).
{{hidden|headerstyle=text-align:left|1=Agencies permitted to claim copyright|2=Florida's Constitution and its statutes do not permit any agency to claim copyright for "public records" unless authorized to do so by law. The following agencies are permitted to claim copyright (as well as trademarks<!-- and patents, but they're not relevant here -->) and '''any works of these agencies should be assumed to be copyrighted''' without clear evidence to the contrary:
*[[Florida Department of Transportation]] – §334.049(1)(a), Florida Statutes (2014)
*Florida Department of State – §286.031, Florida Statutes (2014)
*[[Florida Lottery]] – §24.105(10), Florida Statutes (2014)
*[[Space Florida]] – §331.305(4), Florida Statutes (2014)
*[[Water management districts in Florida|Water management districts]] – §373.608(1), Florida Statutes (2014)<br />
*Florida Department of Citrus – §601.101, Florida Statutes (2014)
*Florida [[State University System of Florida|state universities]] and [[Florida College System|state colleges]] – §1004.23(1) and §1004.726(1), Florida Statutes (2014)<br>
Works by defunct state agencies may be copyrighted if these rights were transferred to a new or different agency (note that legislation transferring such right may not have been [[Codification (law)|codified]] into Florida Statutes). For example, copyright in works by the Florida Space Authority may have been transferred to Space Florida. State and municipal government agencies may claim copyright for software ''created'' by the agency (§ 119.084, Florida Statutes 2014).
In case law, ''[[:en:Microdecisions, Inc. v. Skinner|Microdecisions, Inc. v. Skinner]]''—889 So. 2d 871 (Fla. 2d DCA 2004) ([http://caselaw.lp.findlaw.com/data2/floridastatecases/app/app2_12_2004/2d03-3346.pdf Findlaw])—held that the Collier County Property Appraiser could not require commercial users to enter into a licensing agreement, holding that "[the agency] has no authority to assert copyright protection in the GIS maps, which are public records."}}
{{hidden|headerstyle=text-align:left|1=Works created by other parties and used by government agencies|2=Works which are considered "public records" but were not created by a state or municipal government agency may be copyrighted by their author; the [[Supremacy Clause]] of the [[United States Constitution]] prevents state law from overriding the author's right to copyright protection that is granted by federal law. For example, a state agency may post images online of the final appearance of a building under construction; while the images may be "public records", their creator (eg. architecture/construction firm) retains copyright rights to the image unless the contract with the agency says otherwise. See: [http://www.myflsunshine.com/sun.nsf/manual/b3145618ec05d8ec852566f30070699b Government-in-the-Sunshine Manual: To what extent does federal law preempt state law regarding public inspection of records?].}}
<small>'''Disclaimer:''' The information provided, especially the list of agencies permitted to claim copyright, may not be complete. Wikipedia and the Wikimedia Foundation make '''no guarantee of the adequacy or validity''' of the information in this template (see [[Wikipedia:General disclaimer|disclaimer]]).</small>}}
}}{{file other
| [[Category:Florida government images|{{PAGENAME}}]]
}}{{free media}}<noinclude>
{{documentation}}
</noinclude>
