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.