Florida Senate - 2021                                    SB 1378
       By Senator Bradley
       5-01553-21                                            20211378__
    1                        A bill to be entitled                      
    2         An act relating to corporate espionage; providing a
    3         short title; amending s. 812.081, F.S.; providing
    4         definitions; prohibiting receipt of unlawfully
    5         obtained trade secrets; providing a penalty;
    6         reclassifying the penalty and increasing the offense
    7         severity ranking for receiving, obtaining, or using
    8         trade secrets to benefit a foreign government, foreign
    9         agent, or other foreign entity; requiring a court to
   10         order specified restitution for a violation; amending
   11         s. 921.0022, F.S.; conforming provisions to changes
   12         made by the act; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. This act may be cited as the “Eliminating
   17  Corporate Espionage in Florida Act.”
   18         Section 2. Section 812.081, Florida Statutes, is amended to
   19  read:
   20         812.081 Trade secrets; definitions; theft, embezzlement;
   21  unlawful copying; unlawful receipt; providing to foreign
   22  entities; penalties; restitution definitions; penalty.—
   23         (1) As used in this section, the term:
   24         (a) “Article” means any object, device, machine, material,
   25  substance, or composition of matter, or any mixture or copy
   26  thereof, whether in whole or in part, including any complete or
   27  partial writing, record, recording, drawing, sample, specimen,
   28  prototype model, photograph, microorganism, blueprint, map, or
   29  copy thereof.
   30         (e)(b) “Representing” means completely or partially
   31  describing, depicting, embodying, containing, constituting,
   32  reflecting, or recording.
   33         (c)“Obtains or uses” has the same meaning as provided in
   34  s. 812.012(3).
   35         (d)“Person” means a natural person, corporation, business
   36  trust, estate, trust, partnership, association, joint venture,
   37  government, governmental subdivision or agency, or any other
   38  legal or commercial entity.
   39         (f)(c) “Trade secret” means the whole or any portion or
   40  phase of any formula, pattern, device, combination of devices,
   41  or compilation of information which is for use, or is used, in
   42  the operation of a business and which provides the business an
   43  advantage, or an opportunity to obtain an advantage, over those
   44  who do not know or use it. The term includes any scientific,
   45  technical, or commercial information, including financial
   46  information, and includes any design, process, procedure, list
   47  of suppliers, list of customers, business code, or improvement
   48  thereof. Irrespective of novelty, invention, patentability, the
   49  state of the prior art, and the level of skill in the business,
   50  art, or field to which the subject matter pertains, a trade
   51  secret is considered to be:
   52         1. Secret;
   53         2. Of value;
   54         3. For use or in use by the business; and
   55         4. Of advantage to the business, or providing an
   56  opportunity to obtain an advantage, over those who do not know
   57  or use it
   59  when the owner thereof takes measures to prevent it from
   60  becoming available to persons other than those selected by the
   61  owner to have access thereto for limited purposes.
   62         (b)(d) “Copy” means any duplicate, facsimile, replica,
   63  photograph, or other reproduction in whole or in part of an
   64  article and any note, drawing, or sketch made of or from an
   65  article or part or portion thereof.
   66         (2) A Any person who, willfully and without authorization,
   67  obtains or uses with intent to deprive or withhold from the
   68  owner thereof the control of a trade secret, or with an intent
   69  to appropriate a trade secret to his or her own use or to the
   70  use of another, steals or embezzles an article representing a
   71  trade secret or without authority makes or causes to be made a
   72  copy of an article representing a trade secret commits a felony
   73  of the third degree, punishable as provided in s. 775.082, or s.
   74  775.083, or s. 775.084.
   75         (3) A person who intentionally receives, buys, or possesses
   76  an article representing a trade secret, knowing such trade
   77  secret to be obtained or used or copied without authorization,
   78  commits a felony of the third degree, punishable as provided in
   79  s. 775.082, s. 775.083, or s. 775.084.
   80         (4)Whenever any person is charged with committing an
   81  offense under this section and he or she commits the offense
   82  with the intent to benefit a foreign government, foreign agent,
   83  or other foreign entity against the interest of the state, the
   84  offense for which the person is charged shall be reclassified as
   85  a felony of the second degree, punishable as provided in s.
   86  775.082, s. 775.083, or s. 775.084. For purposes of sentencing
   87  under chapter 921, a felony offense that is reclassified under
   88  this subsection is ranked one level above the ranking under s.
   89  921.0022 or s. 921.0023 of the offense committed.
   90         (5)A court shall order a person convicted of violating
   91  this section to pay restitution, which shall include the value
   92  of the benefit derived from the offense, including any expenses
   93  for research and design and other costs of reproducing the trade
   94  secret that the person has avoided by committing the offense.
   95         (6) In a prosecution for a violation of this section, the
   96  fact that the person so charged returned or intended to return
   97  the unlawfully obtained, used, article so stolen, embezzled, or
   98  copied article is not a defense.
   99         Section 3. Paragraph (a) of subsection (3) of section
  100  921.0022, Florida Statutes, is amended to read:
  101         921.0022 Criminal Punishment Code; offense severity ranking
  102  chart.—
  104         (a) LEVEL 1
  106  FloridaStatute    FelonyDegree           Description            
  107  24.118(3)(a)         3rd   Counterfeit or altered state lottery ticket.
  108  212.054(2)(b)        3rd   Discretionary sales surtax; limitations, administration, and collection.
  109  212.15(2)(b)         3rd   Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
  110  316.1935(1)          3rd   Fleeing or attempting to elude law enforcement officer.
  111  319.30(5)            3rd   Sell, exchange, give away certificate of title or identification number plate.
  112  319.35(1)(a)         3rd   Tamper, adjust, change, etc., an odometer.
  113  320.26(1)(a)         3rd   Counterfeit, manufacture, or sell registration license plates or validation stickers.
  114  322.212 (1)(a)-(c)   3rd   Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  115  322.212(4)           3rd   Supply or aid in supplying unauthorized driver license or identification card.
  116  322.212(5)(a)        3rd   False application for driver license or identification card.
  117  414.39(3)(a)         3rd   Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  118  443.071(1)           3rd   False statement or representation to obtain or increase reemployment assistance benefits.
  119  509.151(1)           3rd   Defraud an innkeeper, food or lodging value $1,000 or more.
  120  517.302(1)           3rd   Violation of the Florida Securities and Investor Protection Act.
  121  713.69               3rd   Tenant removes property upon which lien has accrued, value $1,000 or more.
  122  812.014(3)(c)        3rd   Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  123  812.081(2) & (3) 812.081(2)   3rd   Obtaining, using, or copying Unlawfully makes or causes to be made a reproduction of a trade secret; unlawfully receiving, buying, or possessing a trade secret.
  124  815.04(5)(a)         3rd   Offense against intellectual property (i.e., computer programs, data).
  125  817.52(2)            3rd   Hiring with intent to defraud, motor vehicle services.
  126  817.569(2)           3rd   Use of public record or public records information or providing false information to facilitate commission of a felony.
  127  826.01               3rd   Bigamy.                           
  128  828.122(3)           3rd   Fighting or baiting animals.      
  129  831.04(1)            3rd   Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  130  831.31(1)(a)         3rd   Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  131  832.041(1)           3rd   Stopping payment with intent to defraud $150 or more.
  132  832.05(2)(b) & (4)(c)   3rd   Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
  133  838.15(2)            3rd   Commercial bribe receiving.       
  134  838.16               3rd   Commercial bribery.               
  135  843.18               3rd   Fleeing by boat to elude a law enforcement officer.
  136  847.011(1)(a)        3rd   Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  137  849.09(1)(a)-(d)     3rd   Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  138  849.23               3rd   Gambling-related machines; “common offender” as to property rights.
  139  849.25(2)            3rd   Engaging in bookmaking.           
  140  860.08               3rd   Interfere with a railroad signal. 
  141  860.13(1)(a)         3rd   Operate aircraft while under the influence.
  142  893.13(2)(a)2.       3rd   Purchase of cannabis.             
  143  893.13(6)(a)         3rd   Possession of cannabis (more than 20 grams).
  144  934.03(1)(a)         3rd   Intercepts, or procures any other person to intercept, any wire or oral communication.
  145         Section 4. This act shall take effect October 1, 2021.