Florida Senate - 2016 SB 180 By Senator Richter 23-00286-16 2016180__ 1 A bill to be entitled 2 An act relating to trade secrets; amending s. 812.081, 3 F.S.; including financial information in provisions 4 prohibiting the theft, embezzlement, or unlawful 5 copying of trade secrets; providing criminal 6 penalties; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Section 812.081, Florida Statutes, is amended to 11 read: 12 812.081 Trade secrets; theft, embezzlement; unlawful 13 copying; definitions; penalty.— 14 (1) As used in this section, the term: 15 (a) “Article” means any object, device, machine, material, 16 substance, or composition of matter, or any mixture or copy 17 thereof, whether in whole or in part, including any complete or 18 partial writing, record, recording, drawing, sample, specimen, 19 prototype model, photograph, microorganism, blueprint, map, or 20 copy thereof. 21 (b) “Representing” means completely or partially 22 describing, depicting, embodying, containing, constituting, 23 reflecting, or recording. 24 (c) “Trade secret” means the whole or any portion or phase 25 of any formula, pattern, device, combination of devices, or 26 compilation of information which is for use, or is used, in the 27 operation of a business and which provides the business an 28 advantage, or an opportunity to obtain an advantage, over those 29 who do not know or use it. The term
“Trade secret”includes any 30 scientific, technical, or commercial information, including 31 financial information, and includes any design, process, 32 procedure, list of suppliers, list of customers, business code, 33 or improvement thereof. Irrespective of novelty, invention, 34 patentability, the state of the prior art, and the level of 35 skill in the business, art, or field to which the subject matter 36 pertains, a trade secret is considered to be: 37 1. Secret; 38 2. Of value; 39 3. For use or in use by the business; and 40 4. Of advantage to the business, or providing an 41 opportunity to obtain an advantage, over those who do not know 42 or use it 43 44 when the owner thereof takes measures to prevent it from 45 becoming available to persons other than those selected by the 46 owner to have access thereto for limited purposes. 47 (d) “Copy” means any facsimile, replica, photograph, or 48 other reproduction in whole or in part of an article and any 49 note, drawing, or sketch made of or from an article or part or 50 portion thereof. 51 (2) Any person who, with intent to deprive or withhold from 52 the owner thereof the control of a trade secret, or with an 53 intent to appropriate a trade secret to his or her own use or to 54 the use of another, steals or embezzles an article representing 55 a trade secret or without authority makes or causes to be made a 56 copy of an article representing a trade secret commits is guilty57 ofa felony of the third degree, punishable as provided in s. 58 775.082 or s. 775.083. 59 (3) In a prosecution for a violation of the provisions of60 this section, the fact it is no defensethat the person so 61 charged returned or intended to return the article so stolen, 62 embezzled, or copied is not a defense. 63 Section 2. This act shall take effect October 1, 2016.