Florida Senate - 2015 SB 564
By Senator Richter
23-00590-15 2015564__
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; reenacting s. 499.931, F.S., relating to
7 trade secret information concerning medical gas, to
8 incorporate the amendments made by the act to s.
9 812.081, F.S., in a reference thereto; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 812.081, Florida Statutes, is amended to
15 read:
16 812.081 Trade secrets; theft, embezzlement; unlawful
17 copying; definitions; penalty.—
18 (1) As used in this section, the term:
19 (a) “Article” means any object, device, machine, material,
20 substance, or composition of matter, or any mixture or copy
21 thereof, whether in whole or in part, including any complete or
22 partial writing, record, recording, drawing, sample, specimen,
23 prototype model, photograph, microorganism, blueprint, map, or
24 copy thereof.
25 (b) “Representing” means completely or partially
26 describing, depicting, embodying, containing, constituting,
27 reflecting, or recording.
28 (c) “Trade secret” means the whole or any portion or phase
29 of any formula, pattern, device, combination of devices, or
30 compilation of information which is for use, or is used, in the
31 operation of a business and which provides the business an
32 advantage, or an opportunity to obtain an advantage, over those
33 who do not know or use it. The term “Trade secret” includes any
34 scientific, technical, or commercial, or financial information,
35 including any design, process, procedure, list of suppliers,
36 list of customers, business code, or improvement thereof.
37 Irrespective of novelty, invention, patentability, the state of
38 the prior art, and the level of skill in the business, art, or
39 field to which the subject matter pertains, a trade secret is
40 considered to be:
41 1. Secret;
42 2. Of value;
43 3. For use or in use by the business; and
44 4. Of advantage to the business, or providing an
45 opportunity to obtain an advantage, over those who do not know
46 or use it
47
48 when the owner thereof takes measures to prevent it from
49 becoming available to persons other than those selected by the
50 owner to have access thereto for limited purposes.
51 (d) “Copy” means any facsimile, replica, photograph, or
52 other reproduction in whole or in part of an article and any
53 note, drawing, or sketch made of or from an article or part or
54 portion thereof.
55 (2) Any person who, with intent to deprive or withhold from
56 the owner thereof the control of a trade secret, or with an
57 intent to appropriate a trade secret to his or her own use or to
58 the use of another, steals or embezzles an article representing
59 a trade secret or without authority makes or causes to be made a
60 copy of an article representing a trade secret commits is guilty
61 of a felony of the third degree, punishable as provided in s.
62 775.082 or s. 775.083.
63 (3) In a prosecution for a violation of the provisions of
64 this section, the fact it is no defense that the person so
65 charged returned or intended to return the article so stolen,
66 embezzled, or copied is not a defense.
67 Section 2. For the purpose of incorporating the amendment
68 made by this act to section 812.081, Florida Statutes, in a
69 reference thereto, section 499.931, Florida Statutes, is
70 reenacted to read:
71 499.931 Trade secret information.—Information required to
72 be submitted under this part which is a trade secret as defined
73 in s. 812.081(1)(c) and designated as a trade secret by an
74 applicant or permitholder must be maintained as required under
75 s. 499.051.
76 Section 3. This act shall take effect October 1, 2015.