The 2023 Florida Statutes (including Special Session C)

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1004
PUBLIC POSTSECONDARY EDUCATION

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F.S. 1004.23

1004.23 Universities; powers; patents, copyrights, and trademarks.—Any other law to the contrary notwithstanding, each state university is authorized, in its own name, to:

(1) Perform all things necessary to secure letters of patent, copyrights, and trademarks on any work products and to enforce its rights therein. The university shall consider contributions by university personnel in the development of trademarks, copyrights, and patents and shall enter into written contracts with such personnel establishing the interests of the university and such personnel in each trademark, copyright, or patent.

(2) License, lease, assign, or otherwise give written consent to any person, firm, or corporation for the manufacture or use thereof, on a royalty basis or for such other consideration as the university shall deem proper.

(3) Take any action necessary, including legal action, to protect the same against improper or unlawful use or infringement.

(4) Enforce the collection of any sums due the university for the manufacture or use thereof by any other party.

(5) Sell any of the same and execute all instruments necessary to consummate any such sale.

(6) Do all other acts necessary and proper for the execution of powers and duties herein conferred upon the university, including adopting regulations, as necessary, in order to administer this section. Any proceeds therefrom shall be deposited and expended in accordance with s. 1004.22. Any action taken by the university in securing or exploiting such trademarks, copyrights, or patents shall, within 30 days, be reported in writing by the president to the Department of State.

History.—s. 169, ch. 2002-387; s. 19, ch. 2011-177.

F.S. 1004.23 on Google Scholar

F.S. 1004.23 on Casetext

Amendments to 1004.23

Arrestable Offenses / Crimes under Fla. Stat. 1004.23

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 1004.23.

Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA VIRTUALSCHOOL, a v. INC. a LLC, a, 735 F.3d 1271 (11th Cir. 2013)

. . . . § 1004.23 (State universities); Fla Stat. § 24.105(10) (Dep’t of the Lottery). . . .

UNITED STATES v. B. NICKERSON,, 731 F.3d 1009 (9th Cir. 2013)

. . . . § 1004.23(a)(1); operating a motor vehicle with a blood alcohol content over 0.08% in violation of . . . 36 C.F.R. § 1004.23(a)(2); and failure to maintain control of a vehicle in violation of 36 C.F.R. § 1004.22 . . . information with operating a motor vehicle while under the influence of alcohol in violation of 36 C.F.R. § 1004.23 . . . )(1), operating a motor vehicle with a blood alcohol content over 0.08% in violation of 36 C.F.R. § 1004.23 . . . other than a Class B misdemeanor in the sections in which they were defined, 36 C.F.R. §§ 1004.22, 1004.23 . . .

MICRODECISIONS, INC. v. SKINNER,, 889 So. 2d 871 (Fla. Dist. Ct. App. 2004)

. . . Stat. (2003) (permitting the Department of Citrus to hold legal title to copyrights); § 1004.23, Fla. . . .

UNITED STATES v. FOX,, 147 F. Supp. 2d 1008 (N.D. Cal. 2001)

. . . . § 1004.23(a)(1), driving under the influence of alcohol, 36 C.F.R. § 1004.23(c)(2), refusal to submit . . . Driving in the Presidio while under the influence of alcohol is prohibited by federal law, 36 C.F.R. § 1004.23 . . .