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.
    8  Be It Enacted by the Legislature of the State of Florida:
   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
   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 guilty
   57  of a 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 of
   60  this section, the fact it is no defense that 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.