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Florida Statute 688.003 - Full Text and Legal Analysis
Florida Statute 688.003 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 688.003 Case Law from Google Scholar Google Search for Amendments to 688.003

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 688
UNIFORM TRADE SECRETS ACT
View Entire Chapter
688.003 Injunctive relief.
(1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
(3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
History.s. 3, ch. 88-254.

F.S. 688.003 on Google Scholar

F.S. 688.003 on CourtListener

Amendments to 688.003


Annotations, Discussions, Cases:

Cases Citing Statute 688.003

Total Results: 22  |  Sort by: Relevance  |  Newest First

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Rx Solutions v. Express Pharmacy Servs., 746 So. 2d 475 (Fla. 2d DCA 1999).

Cited 14 times | Published | Florida 2nd District Court of Appeal | 1999 WL 147374

...As an independent ground for entry of the injunction, the court further found that the former employees disclosed or misappropriated a trade secret without the consent of the former employer and thus violated the Florida Uniform Trade Secret Act under section 688.003(1), Florida Statutes (1997)....
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Del Monte Fresh Produce Co. v. Dole Food Co., Inc., 148 F. Supp. 2d 1326 (S.D. Fla. 2001).

Cited 11 times | Published | District Court, S.D. Florida | 2001 WL 668383

...t, including the situation where the laws of the states are the same). Both states have adopted the Uniform Trade Secrets Act provision at issue, which authorizes injunctions for actual or threatened misappropriations of trade secrets. See Fla.Stat. § 688.003; Cal.Civ.Code § 3426.2....
...With these basic principles in mind, the court now turns to the merits of the preliminary injunction application in this case. II. Substantial Likelihood of Success on the Merits The sole count of Del Monte's complaint against Dole and Dr. Funk is for violations of section 688.003 of Florida's Uniform Trade Secrets Act, which authorizes a court to enjoin the misappropriation of trade secrets....
...Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate *1335 commercial advantage that otherwise would be derived from the misappropriation. Fla.Stat. § 688.003(1)....
...trade secrets, but they do not prohibit a former employee who has knowledge of a trade secret from working for a competitor. Instead, they prevent a former employee from acquiring or using a trade secret through or for improper means. See Fla.Stat. § 688.003(1) (defining misappropriation); Cal.Civ.Code § 3426.2(a) (same)....
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Francine Caruso v. Sterling Yacht & Shipbuilders, Inc., & John Acland, Master of the Passenger Vessel "Bengale I", 828 F.2d 14 (11th Cir. 1987).

Cited 10 times | Published | Court of Appeals for the Eleventh Circuit

action for damages at law. 46 U.S.C. § 688. 3 . "While summary judgment on seaman
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Bd. of Regents v. Taborsky, 648 So. 2d 748 (Fla. 2d DCA 1994).

Cited 7 times | Published | Florida 2nd District Court of Appeal | 1994 WL 497991

...de secrets or protected research. Dotolo v. Schouten, 426 So.2d 1013, 1015 (Fla. 2d DCA), rev. denied, 434 So.2d 888 (Fla. 1983). In addition, the Florida Uniform Trade Secrets Act grants injunctive relief for misappropriation *755 of trade secrets. § 688.003, Fla....
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Del Monte Fresh Produce Co. v. Dole Food Co., Inc., 148 F. Supp. 2d 1322 (S.D. Fla. 2001).

Cited 7 times | Published | District Court, S.D. Florida | 59 U.S.P.Q. 2d (BNA) 1734, 2001 U.S. Dist. LEXIS 8117, 2001 WL 687515

...Funk, Del Monte now has changed its position and is instructing its witnesses, particularly Hans Sauter, not to disclose the trade secrets. This, in turn, allegedly prevents Dr. Funk from defending against Del Monte's claim, which is for violations of Florida's Uniform Trade Secrets Act, Fla. Stat. § 688.003....
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Hatfield v. AutoNation, Inc., 939 So. 2d 155 (Fla. 4th DCA 2006).

Cited 6 times | Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 16457, 2006 WL 2739004

...Hatfield never acknowledged the twenty-six files that he downloaded or offered any proof to rebut AutoNation's evidence of his actions. The trial court found that AutoNation had a clear legal right and substantial likelihood of success on these merits, under section 688.003, Florida Statutes — the Florida Uniform Trade Secrets Act....
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Four Seasons Hotels & Resorts B v. v. Consorcio Barr, S.A., 267 F. Supp. 2d 1268 (S.D. Fla. 2003).

Cited 6 times | Published | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 8717, 2003 WL 21212185

...s secrecy. Fla. Stat. § 688.002(4). 29. Actual or threatened misappropriation may be enjoined. Fla. Stat. § 688.002. Additionally, in appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order. Fla. Stat. § 688.003(3)....
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Vas Aero Servs., LLC v. Arroyo, 860 F. Supp. 2d 1349 (S.D. Fla. 2012).

Cited 6 times | Published | District Court, S.D. Florida | 2012 WL 1825275, 2012 U.S. Dist. LEXIS 71149

...ing confidential and proprietary documents containing trade secrets from VAS’s databases, and by emailing himself and another GA employee confidential and proprietary documents containing trade secrets. VAS seeks both injunctive relief pursuant to section 688.003 of the Florida Uni *1358 form Trade Secrets Act (“UTSA”), and damages pursuant to section 688.004 of the UTSA....
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Tedder Boat Ramp Sys., Inc. v. Hillsborough Cnty., 54 F. Supp. 2d 1300 (M.D. Fla. 1999).

Cited 4 times | Published | District Court, M.D. Florida | 51 U.S.P.Q. 2d (BNA) 1683, 1999 U.S. Dist. LEXIS 9952, 1999 WL 454715

...Plaintiff Tedder Boat Ramp Systems, Inc. filed an action for injunction and damages against Hillsborough County for (1) infringement of copyright and unfair competition and (2) violation of the Uniform Trade Secrets Act. Count II, at issue, was brought under Section 688.003 of the Florida Statutes to enjoin the use of a trade secret, for an accounting, and for exemplary damages....
...ures. Also, Defendant has caused Plaintiff irreparable injury by reducing Plaintiff's market. Therefore, the acts of Defendant constitute inequitable conduct, unfair trade practices, and unfair competition. Plaintiff also moves under Florida Statute Section 688.003 to enjoin the use of a trade secret, for an accounting, and for exemplary damages....
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Premier Lab Supply, Inc. v. Chemplex Indus., Inc., 94 So. 3d 640 (Fla. 4th DCA 2012).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2012 WL 2913173, 2012 Fla. App. LEXIS 11672

...3 We find that the trial court did not err in denying the requested instruction in that “actual loss caused by misappropriation” under Florida’s Uniform Trade Secrets Act does not require the temporal limitation requested. 4 We first note that section 688.003(1), Florida Statutes, which allows for a plaintiff in a misappropriation of trade secrets case to obtain injunctive relief, provides that, in general, “an injunction shall be terminated when the trade secret has ceased to exist.”...
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Thomas v. Alloy Fasteners, Inc., 664 So. 2d 59 (Fla. 5th DCA 1995).

Cited 4 times | Published | Florida 5th District Court of Appeal | 1995 WL 723038

...Without establishing that the trade secret was actually used, a former employer cannot obtain an injunction. Appellee replies that it has not attempted to enforce any noncompete clause — none exists — but rather it is proceeding pursuant to the Uniform Trade Secrets Act, section 688.003, Florida Statutes (1993), which provides in pertinent part: (1) Actual or threatened misappropriation may be enjoined....
...lled by court order. (Emphasis added). We note that conspicuously absent from this statute is any requirement that the trade secret first be used before its use can be enjoined. Clearly a threatened misappropriation of trade secrets may be enjoined. § 688.003, Fla....
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M.C. Dean, Inc. v. City of Miami Beach, 199 F. Supp. 3d 1349 (S.D. Fla. 2016).

Cited 3 times | Published | District Court, S.D. Florida | 2016 WL 4179807, 2016 U.S. Dist. LEXIS 184589

action under this subsection —”); Fla. Stat. § 688.003-004 (alteration added). Under 18 U.S.C. section
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DeLucca v. GGL Indus., Inc., 712 So. 2d 1186 (Fla. 4th DCA 1998).

Cited 2 times | Published | Florida 4th District Court of Appeal | 1998 WL 314598

...sed confidential information about the appellee and was disseminating that information to appellee's clients. Appellee ultimately discovered that appellant had been giving out the information and brought this action for injunctive relief pursuant to section 688.003, Florida Statute (1994), known as the Uniform Trade Secrets Act....
...Appellant admitted that he had given out copies of appellee's tax returns, documents reflecting income, including rebates from vendors, customers' names and addresses, and shipping information. The trial court granted a permanent injunction pursuant to section 688.003, and appellant raises three issues on appeal: (1) whether a permanent injunction was proper where appellant is no longer employed by the company and has no further information to disseminate; (2) whether the information given out cons...
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CareerFairs.com v. United Bus. Media LLC, 838 F. Supp. 2d 1316 (S.D. Fla. 2011).

Cited 1 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 110915, 2011 WL 4527448

Florida’s Uniform Trade Secrets Act, Fla. Stat. § 688.003 (Count IV);2 Conversion (Count V); False Advertising
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Brown v. Stanwick Intern., Inc., 367 So. 2d 241 (Fla. 3d DCA 1979).

Cited 1 times | Published | Florida 3rd District Court of Appeal

That task was never accomplished. [2] 46 U.S.C. § 688. [3] Davis v. Burlington Northern, Inc., supra; Gwinett
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Sensormatic Elec. Corp. v. TAG CO. US, LLC, 632 F. Supp. 2d 1147 (S.D. Fla. 2008).

Cited 1 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 102690, 2008 WL 5334119

...head start damages in the amount of $200,000. 292. Sensormatic is also entitled to an injunction prohibiting TAG from using or disclosing Sensormatic's specifications in the future. Injunctive relief is an appropriate remedy under FUTSA. Fla. Stat. § 688.003 (2008) ("Actual or threatened misappropriation may be enjoined.")....
...The breach of duty irreparably harmed Sensormatic by revealing valuable confidential information to competitors. 324. Sensormatic is entitled to injunctive relief as to each of its claims against Mr. Gadonniex. Injunctive relief is appropriate under FUTSA. Fla. Stat. § 688.003....
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Barberio-Powell v. BERNSTEIN LEIBST., 624 So. 2d 383 (Fla. 4th DCA 1993).

Published | Florida 4th District Court of Appeal | 1993 WL 369383

...nt contract term involved; there is no special financial or trust relationship between the parties; and the injunction was not entered to preserve the status quo. We recognize that a threatened misappropriation of trade secrets may be enjoined. E.g. § 688.003, Fla....
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Mapei Corp. & Se. Printing Co., Inc. v. J.M. Field Mktg., Inc. (Fla. 4th DCA 2020).

Published | Florida 4th District Court of Appeal

...JM sued Mapei and SPCI alleging counts for: (1) account stated for services rendered; (2) breach of contract; (3) breach of the confidentiality provision; (4) violation of section 688.004, Florida Statutes (2017); and (5) temporary and permanent injunctive relief for violation of section 688.003, Florida Statutes (2017). JM also filed an emergency motion for temporary injunction seeking to enjoin Mapei and SPCI from using confidential trade secret information to their benefit in any manner that would damage JM, including the use of trade secrets to benefit Mapei or any other SPCI clients....
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ACSI, Inc. v. AAA Constr. Sch., Inc., 650 So. 2d 236 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 2001, 1995 WL 80048

...Based upon the appellant’s concession, and without addressing the constitutionality of § 455.2175, we affirm the trial court’s action dissolving the injunction. Our affirmance is without prejudice to the appellant’s asserting entitlement to injunctive relief upon the alternative basis of section 688.003, Florida Statutes (1991), as alleged in its complaint....
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Fin. Info. Tech., LLC v. iControl Sys., USA, LLC (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

...e secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to elim- inate commercial advantage that otherwise would be derived from the misappropriation. Fla. Stat. § 688.003(1)....
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Steve Norton, an individual, Husk etc. v. Am. Led Tech., Inc., a Florida etc., 245 So. 3d 968 (Fla. 1st DCA 2018).

Published | Florida 1st District Court of Appeal

...UTSA requires courts to take reasonable steps to preserve the secrecy of trade secrets. § 688.006, Fla. Stat. These steps can include injunctive relief due to actual or threatened misappropriation, and even compelling parties to perform affirmative acts. § 688.003, Fla....
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Patient Depot, LLC v. Acadia Enter., Inc., Ryan O'connor & Lori Ann O'connor (Fla. 4th DCA 2023).

Published | Florida 4th District Court of Appeal

...(2020). 15 agreements. If Patient Depot can meet that initial burden, it will next have the burden of establishing “misappropriation” or “threatened misappropriation.” See § 688.003(1), Fla....
...and that knowledge of it had been acquired by accident or mistake. § 688.002(2), Fla. Stat. (2020). Patient Depot has not set forth evidence of either actual misappropriation or threatened misappropriation of its “trade secrets.” See § 688.003(1), Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.