HomeMy WebLinkAbout2007 10 30 Attorney Opinion Letter
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Apr-4-03 5:41PM;
Page 2/3
BRC)WN, SALZMi\. , WEISS & GARGANESE, P.A.
ttonuys ot UW
Usher L own ·
Suzanna 'Agresta"
Anthony A Gal'!llll1eseft
Gary S zmll1'
John H. rd ·
Jeffrey S ei8s
'fied Civil Trial Lawyer
iRed Bu&lness LMigatlon Lawyer
irlfd City, County & Loca' Government Law
Via Facsimile Only
drea Lorenzo-luaces, City Clerk
ity of Winter Springs
126 East State Road 434
inter Springs, FL 32708
Office 1Jl Orlando. Ki$$il1'l1ncC'.
Cocoa & "\ii~rlC
Debrll S. Babb-Nulcher
Jeffreot P Sualc
John U. Biedenhllrr'l, Jr.
JOSeph E. Blllch
DougllG Lambert
Jennifer A. Michael
Michelle A. Reddin
Vinoerrr E Searlatos
Ertn J O'Le.ary
0/ Couns.'
April 4, 2003
Re; Copyrighted Enginee 9 Plans
City of Winter Springs - General #1193
ear Andrea:
You asked about the proper p ocedure under Chapter 119, Florida Statutes, for
and ling a public records request for e gineering plans which have been submitted to the
ity and are copyright protected und faderallaw.
I could not find any Florida sse law that specifically addresses your issue.
owever, there are two Florida Attorne General Opinions which should provide guidance.
1. In AGO 97-84, the Flori a Attornay Genaral opined that architectural and
engineering plans under eal that are held by a public agency in connection
with official business ar subject to inspection and copying under Chapter
119, Florida Statutes. n addition, custodians of public records should
advise those seeking make copies of public records that may be
copyrighted of the penal ies of violating the federal copyright law.
2. Furthermore, in AGO -87, the Florida Attorney Ganeral opined that
computer generated buil ing plans and building design calculations marked
or designated "trade se at- that were filed with a county were not exempt
from public records discI sure.
225 East Robln9Olt street. Suite . P.O BOll 2873 . OrlandO, I=lorlda 32802-2873
Orllndo (407) 4~9588 Fax (407) 425-9596 . KicckM1ee (321) 402-0144 . Cocoa & Vtera (tl68) 425-9566
WlIbsite: WWN.or1an lVI.net. EmaiI: finnC1lortandolaw.ne(
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407425 9596j
Apr-4-03 5:42PMj
Page 3/3
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
April 4, 2003
Page 2
Therefore, unless judicially d termined otherwise, it appears that Chapter 119,
Florida Statutes, requires that the C y provide copies of copyrighted engineering plans
filed with the City in connection with fficial City business.
You should, however, advise e person requesting the copyrighted public record
that the record is copyrighted and im roper copying may subject them to penalties under
federal law. I recommend providing t e following disclaimer to the person requesting the
copyrighted document.
'Please be advised that the pu lic record that you requested to be copied by
the City of Winter Springs is co yright protected. The unauthorized copying
of this record could subject y to penalties under federal copyright laws.
The City shall not be responsi Ie for any penalties imposed on you for the
unauthorized copying of copyr ghted public records,"
Please call should you have a y questions.
G:jf
Kip lockcuff, Public Works/Uti ty Director
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone: (407) 327-1800
Fax: (407) 327-4753
Website: www.winterspringsfl.org
COPYRIGHTED ENGINEERING PLAN DISCLAIMER
Please be advised that the Public Record that you requested to be copied by the City
of Winter Springs is copyright protected. The unauthorized copying of this record
could subject you to penalties under federal copyright laws. The City shall not be
responsible for any penalties imposed on you for the unauthorized copying of
copyrighted Public Records.
PRINT NAME
SIGNATURE
DATE