Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 180 Ì201042aÎ201042 LEGISLATIVE ACTION Senate . House Comm: RCS . 10/06/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Richter) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 62 and 63 4 insert: 5 Section 2. For the purpose of incorporating the amendment 6 made by this act to section 812.081, Florida Statutes, in a 7 reference thereto, section 581.199, Florida Statutes, is 8 reenacted to read: 9 581.199 Confidential business information.—It is unlawful 10 for any authorized representative who in an official capacity 11 obtains under the provisions of this chapter any information 12 entitled to protection as a trade secret, as defined in s. 13 812.081, to use that information for personal gain or to reveal 14 it to any unauthorized person. 15 Section 3. For the purpose of incorporating the amendment 16 made by this act to section 812.081, Florida Statutes, in a 17 reference thereto, subsection (1) of section 721.071, Florida 18 Statutes, is reenacted to read: 19 721.071 Trade secrets.— 20 (1) If a developer or any other person filing material with 21 the division pursuant to this chapter expects the division to 22 keep the material confidential on grounds that the material 23 constitutes a trade secret, as that term is defined in s. 24 812.081, the developer or other person shall file the material 25 together with an affidavit of confidentiality. “Filed material” 26 for purposes of this section shall mean material that is filed 27 with the division with the expectation that the material will be 28 kept confidential and that is accompanied by an affidavit of 29 confidentiality. Filed material that is trade secret information 30 includes, but is not limited to, service contracts relating to 31 the operation of reservation systems and those items and matters 32 described in s. 815.04(3). 33 Section 4. For the purpose of incorporating the amendment 34 made by this act to section 812.081, Florida Statutes, in 35 references thereto, subsections (1), (2), (5), (7), (8), (10), 36 and (11) of section 812.035, Florida Statutes, are reenacted to 37 read: 38 812.035 Civil remedies; limitation on civil and criminal 39 actions.— 40 (1) Any circuit court may, after making due provisions for 41 the rights of innocent persons, enjoin violations of the 42 provisions of ss. 812.012-812.037 or s. 812.081 by issuing 43 appropriate orders and judgments, including, but not limited to: 44 (a) Ordering any defendant to divest himself or herself of 45 any interest in any enterprise, including real estate. 46 (b) Imposing reasonable restrictions upon the future 47 activities or investments of any defendant, including, but not 48 limited to, prohibiting any defendant from engaging in the same 49 type of endeavor as the enterprise in which he or she was 50 engaged in violation of the provisions of ss. 812.012-812.037 or 51 s. 812.081. 52 (c) Ordering the dissolution or reorganization of any 53 enterprise. 54 (d) Ordering the suspension or revocation of any license, 55 permit, or prior approval granted to any enterprise by any 56 department or agency of the state. 57 (e) Ordering the forfeiture of the charter of a corporation 58 organized under the laws of the state or the revocation of a 59 certificate authorizing a foreign corporation to conduct 60 business within the state, upon finding that the board of 61 directors or a managerial agent acting on behalf of the 62 corporation, in conducting the affairs of the corporation, has 63 authorized or engaged in conduct in violation of ss. 812.012 64 812.037 or s. 812.081 and that, for the prevention of future 65 criminal activity, the public interest requires the charter of 66 the corporation forfeited and the corporation dissolved or the 67 certificate revoked. 68 (2) All property, real or personal, including money, used 69 in the course of, intended for use in the course of, derived 70 from, or realized through conduct in violation of a provision of 71 ss. 812.012-812.037 or s. 812.081 is subject to civil forfeiture 72 to the state. The state shall dispose of all forfeited property 73 as soon as commercially feasible. If property is not exercisable 74 or transferable for value by the state, it shall expire. All 75 forfeitures or dispositions under this section shall be made 76 with due provision for the rights of innocent persons. 77 (5) The Department of Legal Affairs, any state attorney, or 78 any state agency having jurisdiction over conduct in violation 79 of a provision of ss. 812.012-812.037 or s. 812.081 may 80 institute civil proceedings under this section. In any action 81 brought under this section, the circuit court shall proceed as 82 soon as practicable to the hearing and determination. Pending 83 final determination, the circuit court may at any time enter 84 such injunctions, prohibitions, or restraining orders, or take 85 such actions, including the acceptance of satisfactory 86 performance bonds, as the court may deem proper. 87 (7) The state, including any of its agencies, 88 instrumentalities, subdivisions, or municipalities, if it proves 89 by clear and convincing evidence that it has been injured in any 90 fashion by reason of any violation of the provisions of ss. 91 812.012-812.037 or s. 812.081, has a cause of action for 92 threefold the actual damages sustained and, in any such action, 93 is entitled to minimum damages in the amount of $200 and shall 94 also recover court costs and reasonable attorney’s fees in the 95 trial and appellate courts. In no event shall punitive damages 96 be awarded under this section. The defendant shall be entitled 97 to recover reasonable attorney’s fees and court costs in the 98 trial and appellate courts upon a finding that the claimant 99 raised a claim which was without substantial fact or legal 100 support. 101 (8) A final judgment or decree rendered in favor of the 102 state in any criminal proceeding under ss. 812.012-812.037 or s. 103 812.081 shall estop the defendant in any subsequent civil action 104 or proceeding as to all matters as to which such judgment or 105 decree would be an estoppel as between the parties. 106 (10) Notwithstanding any other provision of law, a criminal 107 or civil action or proceeding under ss. 812.012-812.037 or s. 108 812.081 may be commenced at any time within 5 years after the 109 cause of action accrues; however, in a criminal proceeding under 110 ss. 812.012-812.037 or s. 812.081, the period of limitation does 111 not run during any time when the defendant is continuously 112 absent from the state or is without a reasonably ascertainable 113 place of abode or work within the state, but in no case shall 114 this extend the period of limitation otherwise applicable by 115 more than 1 year. If a criminal prosecution or civil action or 116 other proceeding is brought, or intervened in, to punish, 117 prevent, or restrain any violation of the provisions of ss. 118 812.012-812.037 or s. 812.081, the running of the period of 119 limitations prescribed by this section with respect to any cause 120 of action arising under subsection (6) or subsection (7) which 121 is based in whole or in part upon any matter complained of in 122 any such prosecution, action, or proceeding shall be suspended 123 during the pendency of such prosecution, action, or proceeding 124 and for 2 years following its termination. 125 (11) The application of one civil remedy under any 126 provision of ss. 812.012-812.037 or s. 812.081 shall not 127 preclude the application of any other remedy, civil or criminal, 128 under ss. 812.012-812.037 or s. 812.081 or any other section of 129 the Florida Statutes. 130 Section 5. For the purpose of incorporating the amendment 131 made by this act to section 812.081, Florida Statutes, in a 132 reference thereto, subsection (4) of section 815.04, Florida 133 Statutes, is reenacted to read: 134 815.04 Offenses against intellectual property; public 135 records exemption.— 136 (4) A person who willfully, knowingly, and without 137 authorization discloses or takes data, programs, or supporting 138 documentation that is a trade secret as defined in s. 812.081 or 139 is confidential as provided by law residing or existing internal 140 or external to a computer, computer system, computer network, or 141 electronic device commits an offense against intellectual 142 property. 143 144 ================= T I T L E A M E N D M E N T ================ 145 And the title is amended as follows: 146 Delete line 6 147 and insert: 148 penalties; reenacting ss. 581.199, 721.071(1), 149 812.035(1), (2), (5), (7), (8), (10), and (11), and 150 815.04(4), F.S., relating to confidential business 151 information, trade secret information filed with the 152 Division of Florida Condominiums, Timeshares, and 153 Mobile Homes within the Department of Business and 154 Professional Regulation, civil remedies, and offenses 155 against intellectual property, respectively, to 156 incorporate changes made by this act to the definition 157 of the term “trade secret” in s. 812.081, F.S., in 158 references thereto; providing an effective date.