Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 180
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  10/06/2015           .                                

       The Committee on Commerce and Tourism (Richter) recommended the
    1         Senate Amendment (with title amendment)
    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.
  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.