Talk:Florida Highway Patrol

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Florida government works public domain

Due to the State of Florida government subject matter of this page, some individual uploaded images or works may be correctly identified with public domain tags (not subject to copyright), such as the example shown below. SomeThingsLaw (talk) 23:05, 24 June 2018 (UTC)[reply]

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.

Definition of "public record"

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).

Agencies permitted to claim copyright

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 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 – §373.608(1), Florida Statutes (2014)
Florida Department of Citrus – §601.101, Florida Statutes (2014)
Florida state universities and state colleges – §1004.23(1) and §1004.726(1), Florida Statutes (2014)

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 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, Microdecisions, Inc. v. Skinner—889 So. 2d 871 (Fla. 2d DCA 2004) (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."

Works created by other parties and used by government agencies

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: Government-in-the-Sunshine Manual: To what extent does federal law preempt state law regarding public inspection of records?.

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 disclaimer).

Fair use rationale for Image:FHPPatch.jpg

Image:FHPPatch.jpg is being used on this article. I notice the image page specifies that the image is being used under fair use but there is no explanation or rationale as to why its use in Wikipedia articles constitutes fair use. In addition to the boilerplate fair use template, you must also write out on the image description page a specific explanation or rationale for why using this image in each article is consistent with fair use.

Please go to the image description page and edit it to include a fair use rationale. Using one of the templates at Wikipedia:Fair use rationale guideline is an easy way to insure that your image is in compliance with Wikipedia policy, but remember that you must complete the template. Do not simply insert a blank template on an image page.

If there is other other fair use media, consider checking that you have specified the fair use rationale on the other images used on this page. Note that any fair use images uploaded after 4 May, 2006, and lacking such an explanation will be deleted one week after they have been uploaded, as described on criteria for speedy deletion. If you have any questions please ask them at the Media copyright questions page. Thank you.BetacommandBot 06:12, 4 June 2007 (UTC)[reply]

Start-class

This article is totally unreferenced, which is the biggest obstacle to even consider raising it to B-class. Find some reliably sourced references, please. Horologium (talk) 02:30, 10 December 2007 (UTC)[reply]

External links modified

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External links modified

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