Florida/Georgia Personal Injury & Workers Compensation

...Keene, liable for civil theft under Fla.Stat. §§ 812.035(7) and 812.014(1) (1985). [2] Florida Statute § 812.035(7) (1985) provides as follows: (7) Any person who is injured in any fashion by reason of any violation of the provisions of §§ 812.012-812.037 or section 812.081 has a cause of action for three-fold the actual damages sustained * * * In the prior state case at issue here, the plaintiffs' civil theft claim arose from the defendants' alleged violation of Florida's criminal theft statute, § 812.014....

...which the legislature has provided a civil remedy. In the absence of such, Defendants surmise, there is no claim under the statute. A review of the history of the civil theft statute discloses that prior to its amendment in 1999, § 772.11 included § 812.081 as an enumerated crime for which a civil remedy applied. [72] The current version of *910 § 772.11 — which is applicable to this case — now includes in the list of enumerated crimes "any violation of §§ . 812.012-812.037 or § 825.103(1)" but it does not expressly list § 812.081, as one of the enumerated crimes. [73] Plaintiff correctly points out that although § 812.081 is not included in the current version of the statute, the enumerated list of crimes for which a civil remedy applies still lists the general theft statute, § 812.014....

...Delgado, 693 So.2d 602, 609 (Fla.Dist.Ct.App.1997)(economic loss rule does not limit claims under the Florida Deceptive And Unfair Trade Practices Act ("FDUTPA")); Stallings v. Kennedy Electric, Inc., 710 So.2d 195 (Fla.Dist.Ct.App.1998)(economic loss rule does not limit claims under Fla. Stat. § 553.84). [71] Fla. Stat. § 812.081....

...se, legitimate business interests subject to protection; [and] other business interests, such as, extraordinary training or education, may constitute predictable interests depending on the proof adduced." Id. at 134 (emphasis added). Florida Statute § 812.081 defines trade secret as any ......

...iding an opportunity to obtain an advantage over those who do not know how to use it, when the owner takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for a limited purpose. § 812.081 Fla.Stat....

...The Defendant conceded on cross-examination that the customer list is comprised of Plaintiff's customers. Considering the measures Plaintiff took to ensure the list's confidentiality, see Affidavit of Aleks Acimovic, the Court finds that the list is a trade secret as defined in § 812.081....

...The injunction only prohibits the Defendant from soliciting clients; it does not preclude the public from contacting the Defendant. Furthermore, Florida's public policy clearly favors protecting Plaintiff's interests. See, e.g., Fla.Stat. §§ 542.33, 608.001, 812.081....

...uestion in that case was not whether the records were exempt from the Public Records Act, but whether employment contract provisions or a constitutional "right to privacy" could preclude disclosure of public records. [4] "Trade secret" is defined in section 812.081, Florida Statutes (1987), as any compilation of information "which is for use, or is used, in the operation of a business and which provides the business an advantage, or an opportunity to obtain an advantage, over those who do not kn...

...ection 832.05, Florida Statutes (1983). Section 812.035(7), Florida Statutes (1983), allows persons suffering *471 injury to bring an action for treble damages only if the injury results from a violation of the provisions of sections 812.012-.037 or section 812.081....

...o "`trade secret' protection." These filings were not required by law. On appeal, no party has attached any significance to whether DEP actually contracted for these studies, samples or analyses. The complaint invoked sections *783 403.111, 688.002, 812.081 and 815.045, Florida Statutes (2000)....

...ro's efforts under the contract is not clear. In any event, the trial court entered the order under review concluding that certain documents (again including some e-mail) did "not contain information that meets the definition of `trade secret' under § 812.081, Florida Statutes, because SePRO failed to timely mark the documents as confidential prior to the Department receiving a public records request." II....

...public disclosure effectively destroys any confidential character it might otherwise have enjoyed as a trade secret. Both statutory definitions of trade secrets to which the parties have referred us require this conclusion. See §§ 688.002(4)(b) & 812.081(1)(c), Fla. Stat. (2002). Section 812.081(1)(c), Florida Statutes (2002), broadly defines trade secrets as encompassing the whole or any portion or phrase of any formula, pattern, device, combination of devices, or compilation of information which is for use, or is used, in t...

...The final order also concluded that all information "that SePRO adequately and timely" identified as "confidential, by stamping such documents as `confidential' at the time the documents were submitted to DEP" was "trade secret information under the definition of `trade secret' in § 812.081, Florida Statutes, and that such documents are confidential and exempt from the public disclosure mandate of § 119.07(1) pursuant to the exemptions in §§ 815.04(3) and 815.045, Florida Statutes." On cross-appeal, Griffin contends that n...

...While Section 815.045, Florida Statutes (2001), reads more like a statement of legislative intent than a conventionally phrased provision of positive law, it makes its intended effect clear, in providing: The Legislature finds that it is a public necessity that trade secret information as defined in s. 812.081, and as provided for in s....

...lorida (1994), enacted applies to more than computer data, programs or supporting documentation. Just as the trial court ruled, the language of this provision should be read to exempt from disclosure as public records all trade secrets as defined in section 812.081(1)(c), Florida Statutes (2001), whether or not they are stored on or transmitted by computers....

...not affecting the construction or meaning of the statutes or laws, may be freely made."). See generally Enslein v. Gere, 497 So.2d 705, 706 (Fla. 4th DCA 1986). Also militating in favor of a broader view of the exemption's reach is the provision's separate reference to section 812.081, a reference which would be superfluous if the exemption were intended to apply only to computer data, programs or supporting documentation exempted by section 815.04(3)(a). Section 815.04(3)(a), Florida Statutes (2001), on which the order under review also relies, provides: Data, programs, or supporting documentation which is a trade secret as defined in s. 812.081 which resides or exists internal or external to a computer, computer system, or computer network which is held by an agency as defined in chapter 119 is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Id. Defining trade secrets by reference to section 812.081(1)(c), Florida Statutes (2001), section 815.04(3)(a) plainly covers electronic mail. The trial court found that all of the documents, including electronic mail, that Sepro had designated confidential fell within the criteria set out in section 812.081....

...and an identical third-party claim against Dr. Blackstone. The Clinic asserted that Dr. Blackstone had planned to join a competitor without advising Dr. Oliva and that he "stole a list of names of clients and customers of OLIVA from the offices of OLIVA" in violation of section 812.081, Florida Statutes....

...a trade secret. In response, the Clinic maintains that Dr. Blackstone directly breached the contract by compiling a list of the Clinic's patients and taking it with him. This list, the Clinic claims, qualifies as a trade secret within the meaning of section 812.081, Florida Statutes....

...Taborsky refused to respond to repeated requests for return of the notebooks and other information and, in July 1989, was charged with violating section 812.014(2)(b), Florida Statutes (1987), in one count of second degree grand theft and with violating section 812.081(2), Florida Statutes (1987), in one count of theft of trade secrets....

...the criminal intent to appropriate a trade secret to his own use or to the use of another, steal and embezzle an article representing a trade secret; specifically, the trade secrets represented by the notebooks belonging to USF, all in violation of Section 812.081, Fla.Stats. 56. As a result of the foregoing, USF has been injured by reason of violations of Sections 812.012, 812.014, and 812.081, Fla....

...rent in the StreamlineMD's information management system. Id. at ¶¶ 56-59 . In Count IV, SJVC alleges that all the Defendants (i.e., the StreamlineMD Defendants and CVDJBA) stole SJVC's trade secrets in violation of *1056 Florida Statutes sections 812.081 and 812.035....

...Counts IV and V: Theft and Misappropriation of Trade Secrets claims In Counts IV and V, SJVC alleges theft and misappropriation of trade secrets *1066 claims. Specifically, in Count IV, SJVC asserts that all of the Defendants (the StreamlineMD Defendants and CVDJBA) stole its trade secrets in violation of Florida Statutes section 812.081....

...Of advantage to the business, or providing an opportunity to obtain an advantage, over those who do not know or use it when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. FLA. STAT. ANN . § 812.081(1)(c)....

...Significantly, SJVC's SA Complaint is devoid of any allegations that SJVC took "measures to prevent [its Protected Information] from becoming available to persons other than those selected by the owner to have access thereto for limited purposes." See FLA. STAT. ANN . § 812.081(1)(c)....

...rotected Information." Id. at ¶ 28. The Court is not convinced that the language in the Service Agreement or the MOU supports an inference that SJVC took "measures to prevent [its Protected Information] from becoming available ...." FLA. STAT. ANN. § 812.081(1)(c)....

...Additionally, SJVC's allegations fail to contain any facts supporting an inference that its Protected Information "provides the business an advantage, or an opportunity to obtain an advantage, over those who do not know or use it." FLA. STAT. ANN . § 812.081(1)(c)....

...In light of this conclusion, SJVC's assertion of specific personal jurisdiction over CVDJBA quickly dissembles. This is so because without plausibly alleging the existence of a trade secret, SJVC cannot allege that CVDJBA committed a theft of a trade secret. See FLA. STAT. ANN . § 812.081 ( [a]ny person who, with intent to deprive or withhold from the owner thereof the control of a trade secret , or with an intent to appropriate a trade secret to his or her own use or to the use of another......

...Dropbox "is a cloud storage product that allows a user to create an account to save and store digital content ... and to share that content by providing others with the e-mail address and password used to log into the account." TLS Mgmt. v. Rodriguez-Toledo , 260 F.Supp.3d 154 , 157 n.4 (D. P.R. 2016). Florida Statutes section 812.081 provides that [a]ny person who, with intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his or her own use or to the use of another, steals or embezzles an article representing a trade secret or without authority makes or causes to be made a copy of an article representing a trade secret commits a felony of the third degree .... Fla. Stat. Ann . § 812.081....

...These precautions usually necessitate that the owner divulge the secret only under conditions of confidentiality. Smith v. Snap-On Tools Corp., 833 F.2d 578 (5th Cir. 1987); Metallurgical Industries, Inc. v. Fourtek, Inc., 790 F.2d 1195 (5th Cir.1986); See also Florida Statutes § 812.081 (1989)....

...btor in this action, BETTY CAROL SPRINGER ("SPRINGER"). WORLD WIDE initially filed its lawsuit against SPRINGER in the Circuit Court for the Eleventh Judicial Circuit in and for Dade County, Florida, seeking damages and injunctive relief pursuant to Section 812.081(1)(c), Fla.Stat....

...ting in damages. The matter was heard by the court, the Honorable Gerald T. Wetherington, presiding. Judge Wetherington, in his Final Judgment, made the following findings of fact: A. Plaintiffs customer lists are trade secrets within the meaning of Section 812.081(1)(c), Fla.Stat....

...The issue, therefore, that arises is whether a Final Judgment arising on a claim of Civil Theft/Trade Appropriation is dischargeable in bankruptcy. The threshold question is not whether a Final Judgment arising on a claim of a specific crime or even a violation of the Statute — specifically Florida Statute Section 812.081(1)(c) — can be discharged in bankruptcy....

...mply on account of willful or malicious injury to personal property. National Homes Corporation v. Lester Industries Inc., 336 F.Supp. 644, 647 (W.D.Va.1972). Thus the question that must be answered is whether the individual Defendants' violation of Section 812.081(1)(c), Florida Statutes (1985) was a willful and malicious injury within the meaning of 11 U.S.C....

...e whether or not a judgment under the state law would be permitted which includes the necessary willful and malicious elements set out in 11 U.S.C. Section 523(a)(6), National Homes Corp. v. Western Industries, Inc., supra, at 647. An examination of § 812.081, F.S. (1985) makes it clear that a violation of said Statute requires the requisite intent to satisfy the "maliciousness" requirement of 11 U.S.C. 523(a)(6). Specifically, § 812.081(2), F.S., provides in pertinent part that: Any person who, with intent to deprive or withhold from the owner thereof the control of the trade secret or with an intent to appropriate the trade secret ....

definition of trade secret under Florida Statutes section 812.081, “because SePRO failed to timely mark the documents

...Section 775.15(2)(c) provides that prosecution for a misdemeanor of the first degree must be commenced within two years after it is committed. However, section 812.035(10), Florida Statutes (1997), provides that, "[n]otwithstanding any other provision of law," a criminal proceeding under sections 812.012-812.037 or section 812.081 may be commenced at any time within five years after the cause of action accrues....

...After Heddon left his job at West World Telecommunications Systems, Inc., a principal of West World complained to the state attorney that Heddon was misappropriating the company's trade secrets. The State began investigating Heddon for a violation of section 812.081, Florida Statutes (1999)....

...he client, the attorney-client privilege also protected them in the hands of the attorney. Such is the case here. The state attorney is investigating Heddon for a violation of Florida's Trade Secrets Act. A trade secret includes a list of customers. § 812.081(1)(c), Fla....

...to his or her own use or to the use of another, steals or embezzles an article representing a trade secret or without authority makes or causes to be made a copy of an article representing a trade secret is guilty of a felony of the third degree.... § 812.081(2)....

...es of Coventry's documents the OIR demanded and received in its regulatory capacity. Coventry's trade secrets are one component of the proprietary records that the company sought to protect from the retroactive application of the 2007 amendment. See § 812.081(1)(c), Fla....

...issue of whether the documents are public records. News-Press Pub. Co. v. Gadd, 388 So.2d 276 (Fla. 2d DCA 1980). [3] Barnes & Noble contends that the completed forms are exempt from disclosure as trade secrets (business "compilations") pursuant to section 812.081(1)(c), Florida Statutes (1995)....

...l small blood vessels. . Fla.Stat. § 812.035(7) (Supp.1984), the statute discussed in Rosen v. Marlin, provides the following: *903 (7) Any person who is injured in any fashion by reason of any violation of the provisions of §§ 812.012-812.037 or § 812.081 has a cause of action for threefold the actual damages sustained, and, in any such action, is entitled to minimum damages in the amount of |200....

...Laws 86 -277 to state the following: The state, including any of its agencies, in-strumentalities, subdivisions or municipalities, if it proves by clear and convincing evidence that it has been injured in any fashion by reason of any violation of the provisions of §§ 812.012-812.037 or § 812.081, has a cause of action for three-fold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200 and shall also recover court costs and reasonable attorney’s fees in the trial and appellate courts....

...The trial court's factual determination that Cubic Transportation Systems, Inc., failed adequately to protect an alleged trade secrets claim from the effect of the Public Records Act by taking "efforts that are reasonable under the circumstances to maintain its secrecy[,]" § 688.002(4)(b), Fla. Stat. (2004); § 812.081(1)(c), Fla....

...See also Ops. Att'y Gen. Fla. 95-58, at 179-80 (1995) & 80-31, at 79 (1980). The legislatively created exemption at issue here is set out in section 815.045, Florida Statutes (2009), which exempts from disclosure as public records trade secrets, as defined by section 812.081, Florida Statutes (2009), which latter provision reads: "Trade secret" means the whole or any portion or phase of any formula, pattern, device, combination of devices, or compilation of information which is for use, or is used, in the...

...Of advantage to the business, or providing an opportunity to obtain an advantage, over those who do not know or use it when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. § 812.081(1)(c), Fla....

...from the data bank qualified as a "compilation of information which is for use, or is used, in the operation of a business and which provides the business an advantage, or an opportunity to obtain an advantage, over those who do not know or use it." § 812.081(1)(c), Fla....

...hich customers have complained. § 815.045, Fla. Stat. (2009). Rodale did not prove that the complaints and responses "provide[d] the business an advantage, or an opportunity to obtain an advantage, over those who do not know or use" their contents. § 812.081(1)(c), Fla....

...d facilities and while on corporate time, would constitute a public record for purposes of chapter 119 , Florida Statutes. The fact that information is designated as a trade secret does not itself make such information a trade secret for purposes of section 812.081 , Florida Statutes. 4 Moreover, the fact that information constitutes a trade secret under section 812.081 does not, in and of itself, remove it from the requirements of the Public Records Law....

...rade secrets. 6 Rather, in section 1 of chapter 94-100, the Legislature amended section 815.04 , Florida Statutes, to create a public records exemption for computer data, programs, or supporting documentation which may be trade secrets as defined in section 812.081 , Florida Statutes, when held by an agency....

...Applying the six prong test, SMISI, as a wholly controlled subsidiary of the JUA that is funded from premiums from the JUA and other statutorily created joint underwriting associations, would appear to constitute an "agency" for purposes for Ch. 119. 4 See, Op. Att'y Gen. Fla. 80-31 (1980). And see, s. 812.081 (1)(c), Fla....

...ho do not know or use it when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. 5 See, Op. Att'y Gen. Fla. 92-43 (1992), stating that s. 812.081 , Fla....

...ted murder, her wounds were inflicted during the course of the robbery. Robbery is “the taking of money or other property which may be the subject of larceny from the person or custody of another by force, violence, assault, or putting in fear.” § 812.081, Fla.Stat....

...The privilege “may be claimed by the person or the person’s agent 4 or employee,” and any order directing disclosure of a privileged trade secret must take certain protective measures. Id. Sections 688.002(4) and 812.081(1)(f), in turn, define “[t]rade secret.” See §§ 688.002(4), 812.081(1)(f), Fla....

...ry hearing was needed. It asserts that the materials it seeks are not trade secrets because single-transaction pricing does not constitute a “formula, pattern, compilation, program, device, method, technique, or process.” § 688.002(4); see also § 812.081(1)(f)....

...119 , F.S., enacted in 1967, apply to records which were received by the City of Jacksonville prior to that date and subsequently transferred to the Jacksonville Electric Authority? 2. Assuming the existence of a valid trade secret for engineering plans and specifications, does s. 812.081 , F.S., act as an exemption to the Public Records Law for the purpose of inspecting and copying records? 3. If s. 812.081 , F.S., does not constitute an exemption from Ch. 119 , F.S., does compliance with the disclosure requirements of that chapter serve as a defense to any charges brought pursuant to s. 812.081 , F.S.? SUMMARY: 1. Plans received by the City of Jacksonville prior to 1967 and subsequently transferred to the Jacksonville Electric Authority, are subject to the provisions of Ch. 119 , F.S. 2. Section 812.081 , F.S., does not constitute an exemption to Ch....

...While the courts of this state have generally held a records custodian who adheres to the disclosure requirements of Ch. 119 , F.S., to be personally immune from liability, the determination, however, as to whether Ch. 119 , F.S., constitutes a valid defense to charges brought pursuant to s. 812.081 , F.S., must be made by a court of competent jurisdiction....

...The company has claimed that the drawings and plans are trade secrets and it questions whether the current Ch. 119 , F.S., applies to records given to the JEA's predecessor. You state that it is the opinion of JEA that the plans are public records subject to the provisions of Ch. 119 , F.S., and that s. 812.081 , F.S., does not constitute an exemption from the requirements of that chapter....

...e conditions, and under the supervision of the custodian of the records. Records, however, "which are presently provided by law to be confidential or which are prohibited from being inspected by the public" are removed from this statutory mandate. 7 Section 812.081 (2), F.S., provides: Any person who, with intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his own use or to the use of another, steals or embezzles...

...provided in s. 775.082 or s. 775.083 . "Trade secret" is defined for purposes of the statute. 8 In addition, Ch. 688 , F.S., is the "Uniform Trade Secrets Act," 9 which provides civil relief for misappropriation of a trade secret. 10 You ask whether s. 812.081 , F.S., acts as an exemption to the disclosure requirements of Ch....

...For purposes of this inquiry, you ask that this office assume that the plans or drawing in question qualify as a trade secret. 11 No comment, therefore, is expressed as to whether the particular plans or drawings constitute a trade secret. Neither s. 812.081 , F.S., nor Ch. 688 , F.S., states that its provisions constitute an exemption from the requirement of the Public Records Law. 12 The Legislature, however, has created specific exemptions from Ch. 119 , F.S., for certain trade secrets. 13 If the provisions of s. 812.081 , F.S., or Ch. 688 , F.S., constituted an exemption from Ch. 119 , F.S., it would have been pointless for the Legislature to enact such statutes specifically exempting certain trade secrets from the requirements of the Public Records Law since s. 812.081 , F.S., and Ch. 688 , F.S., would have afforded such protection. The Legislature is not to be presumed to enact useless or unnecessary legislation. 14 Therefore, I am of the opinion that neither s. 812.081 , F.S., nor Ch. 688 , F.S., by itself, constitutes an exemption to the disclosure requirements of Ch. 119 , F.S. AS TO QUESTION 3: The determination as to whether Ch. 119 , F.S., would be a valid defense to charges brought pursuant to s. 812.081 , F.S., must be made by a court of competent jurisdiction, rather than by this office....

...st to inspect would be permissible. As noted above, s. 119.07 , F.S., requires an agency to release public records which are not made confidential or exempt from disclosure by statute. Moreover, as discussed in Question Two, I am of the opinion that s. 812.081 , F.S., does not, in and of itself, exempt records from the disclosure requirements of Ch....

...municipal records; providing definitions . . .;" thus tracking the language of s. 119.01 which provides that all state, county and municipal records are open for inspection. 6 493 So.2d 1027 , 1028 (Fla. 1986). 7 See , s. 119.07 (3)(a), F.S. 8 See , s. 812.081 (1)(c), F.S., defining "Trade secret" to mean: [T]he whole or any portion or phrase of any formula, pattern, device, combination of devices, or compilation of information which is for use, or is used, in the operation of a business and whi...

...240.334(2), F.S. (actual or potential trade secrets obtained during the course of advance technology research in community colleges); s. 502.222 , F.S. (records of Department of Agriculture and consumer Services revealing trade secret, as defined in s. 812.081 , F.S., of dairy industry business confidential); s....

...March 20, 2019 M. K. THOMAS, J. Managed Care of North America, Inc. (“MCNA”), seeks review of an order compelling disclosure of alleged trade secrets to a business rival. Because the trial court erred, as a matter of law, in application of section 812.081(1)(c), Florida Statutes, and portions of the order are not supported by competent, substantial evidence, we affirm in part, and reverse in part, for the reasons set forth below.  I....

...Const. At issue here is the legislatively created exemption to the public records law under section 815.045, Florida Statutes, which protects trade secrets from disclosure. Section 815.045, establishes that it is a public necessity that trade secrets “as defined in s. 812.081 . . . be expressly made confidential and exempt from public records law. . .” Section 812.081(1)(c), Florida Statutes, defines “trade secret” as: [T]he whole or any portion or phase of any formula, pattern, device, combination of devices, or compilation of information which is for use, or is used, in the opera...

...Of advantage to the business, or providing an opportunity to obtain an advantage, over those who do not know or use it when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. § 812.081(1)(c), Fla. Stat. (emphasis added). Here, our limited role is to strictly construe section 812.081(1)(c), including its definition of “trade secret,” and to determine if competent, substantial evidence exists to support the factual findings of the trial court....

...Dep’t of Envtl. Prot., 839 So. 2d 781, 785 (Fla. 1st DCA 2003)). 2 Florida law establishes multiple trade secret exemptions which arguably set forth different criteria. MCNA has restricted its arguments to the definition of trade secret in section 812.081(1)(c), Florida Statutes....

...information. As to the third category, “prospective providers” not affiliated with MCNA, we find the trial court erred, as a matter of law, in denying the exemption from disclosure. The trial court improperly interpreted the enumerated portion of section 812.081(1)(c), as setting forth the criteria, inclusive of proof of “value,” to prove entitlement to a trade secret exemption....

...Instead, the enumerated portion of the statutory subsection establishes a presumption of what a trade secret is “considered to be” once the required elements of a trade secret are established, as set forth in the first sentence of the statutory subsection. The first sentence in section 812.081(1)(c) defines “trade secret” as: (1) a “compilation of information”; (2) “for use or is used in the operation of a business”; (3) “which provides the business an advantage or an opportunity to obtain an advantage, over those who do not know or use it”; and (4) the owner of the information “takes measures to prevent it from becoming available to persons other than those selected.” § 812.081(1)(c), Fla....

...and that MCNA had taken measures to prevent its disclosure, the information is deemed protected trade secrets; and, by its very nature, the trade secrets are considered, as a matter of law, to be 5 “of value.” § 812.081(1)(c), Fla. Stat. Thus, the trial court erred in requiring MCNA to prove “value” as a separate and statutorily required element. Delta defends the trial court’s interpretation of section 812.081(1)(c) as requiring the party seeking protection from disclosure to prove “of value” as otherwise, all materials would be exempt if simply branded as “secret.” Unquestionably, a reading of section 812.081(1)(c) as automatically entitling a party to a trade secret exemption by merely labelling information as confidential, has been previously condemned, and we do not retreat from sound precedent....

...designating information it furnishes a governmental agency as confidential); See also Sepro Corp., 839 So. 2d at 784 (citing Shevin v. Byron, Harless, Schaffer, Reid and Assocs., Inc., 379 So. 2d 633, 635 (Fla. 1980)). For entitlement to the exemption under 812.081(1)(c), the requesting party must not only label the information as secretive, but must also prove a business advantage or an opportunity to obtain an advantage....

...tied to the available provider network, establishing that FHKC 3 Proof of business advantage may be argued as synonymous with evidence “of value.” However, this issue is not before us as the parties stipulated the only exemption applicable is section 812.081(1)(c), Florida Statutes. 6 prefers to award contracts to a company that has not only built an impressive provider network, but is also actively working to expand and grow its provider network by targeting new prospective providers....

...ors, thereby, destroying the business advantage this information gives MCNA. The trial court’s erroneous statutory elements test inexorably led to its improper consideration of the evidence presented. The trial court fundamentally misapplied section 812.081(1)(c) to require MCNA, as part of its burden of proof, to prove the information was “of value.” In doing so, the trial court diverged from the plain language of the statute at issue, conflated separate and distinct public record e...

...establishing MCNA compiled the information and that the compilation gave a business advantage, the prospective provider information is, as a matter of law and by its very nature, considered “of value.” Rodale, 41 So. 3d at 388. Applying the definition of “trade secret” under section 812.081(1)(c), this Court finds the evidence establishes MCNA’s entitlement to the exemption and those portions of the excel spreadsheets containing prospective providers are exempt from disclosure. 4 The trial court considered the...

...dily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. § 688.002(4), Fla. Stat. Likewise, section 812.081(c) defines “trade secret” as: [Tjhe whole or any portion or phrase of any formula, pattern, device, combination of devices, or compilation of information which is for use, or is used, in the operation of a business and which provi...

...Of advantage to the business, or providing an opportunity to obtain an advantage, over those who do not know or use it when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. § 812.081(c), Fla....

...John Charles Coleman, Fort Myers, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Patricia J. Hakes, Assistant Attorney General, Tampa, for Appellee. PATTERSON, Acting Chief Judge. Noel Clark appeals from his conviction for theft of trade secrets in violation of section 812.081, Florida Statutes (1993)....

...A jury trial resulted in his conviction for theft of trade secrets and his acquittal on the remaining two offenses. Clark has raised numerous issues on appeal. The only issue we need to address to reverse Clark's conviction is whether the "information sheets" are protected materials under section 812.081, Florida Statutes (1993), which provides in pertinent part: 812.081 Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty.— ....

...Reversed. BLUE, J., concurs. ALTENBERND, J., concurs specially. ALTENBERND, Judge, concurring specially. I agree the state failed to prove that these specific information sheets were "trade secrets" taken with the "intent to deprive" as required in section 812.081(2), Florida Statutes (1993). I write only to emphasize that similar documents could be in the nature of a "list of customers," as discussed in section 812.081(1)(c), and could contain information providing a business advantage....

appellants’ consultants meet the requirements of section 812.081(l)(c), Florida Statutes (2015). I. Facts

...griculture and Consumer Services are prohibited from disclosing trade secrets received in carrying out their duties under Chapter 581 , Florida Statutes, to any unauthorized person, provided such trade secrets fall within the definition set forth in section 812.081 (1)(c), Florida Statutes, and the owner of the trade secret has taken measures to maintain the information's secrecy....

...Relevant to the division is section 581.199 , Florida Statutes, which states: "It is unlawful for any authorized representative who in an official capacity obtains under the provisions of this chapter any information entitled to protection as a trade secret, as defined in s. 812.081 , to use that information for personal gain or to reveal it to any unauthorized person." Section 581.011 (4), Florida Statutes, defines "Authorized representative" to mean "any designated employee, inspector, or collaborator of the divisio...

...artment of Agriculture and Consumer Services] or the United States Department of Agriculture." Thus, division representatives who obtain information under Chapter 581 , Florida Statutes, that is entitled to protection as a trade secret as defined in section 812.081 , Florida Statutes, are prohibited from revealing such information to any unauthorized person. Section 812.081 (1)(c), defines "Trade secret" to mean: "the whole or any portion or phase of any formula, pattern, device, combination of devices, or compilation of information which is for use, or is used, in the operation of a business and which p...

...District Court of Appeal in Sepro Corporation v. Florida Department of Environmental Protection , 4 has concluded that section 815.045 , Florida Statutes, 5 "should be read to exempt from disclosure as public records all trade secrets as defined in [section 812.081 (1)c), Florida Statutes]. . . ." Although section 815.045 is placed in a chapter entitled Computer-Related Crimes, the Sepro court held that language of this provision should be read to exempt from disclosure as public records all trade secrets as defined in section 812.081 (1)(c), Florida Statutes, whether or not they are stored on or transmitted by computers. As noted above, section 812.081 (1)(c), Florida Statutes (which definition is applicable to exemption afforded the division in section 581.199 , Florida Statutes), requires the trade secret owner to take measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes....

...hat information which it contends is confidential and exempt under the public records law is not to be disclosed, has not taken measures or made efforts that are reasonable under the circumstances to maintain the information's secrecy as required by section 812.081 , Florida Statutes (and section 688.002 , Florida Statutes)....

...griculture and Consumer Services are prohibited from disclosing trade secrets received in carrying out their duties under Chapter 581 , Florida Statutes, to any unauthorized person, provided such trade secrets fall within the definition set forth in section 812.081 (1)(c), Florida Statutes, and the owner of the trade secret has taken measures, as discussed in Sepro Corporation v....

...1st DCA 2003), review denied sub nom., Crist v. Florida Department of Environmental Protection , 911 So. 2d 792 (Fla. 2005). 5 Section 815.045 , Fla. Stat., provides: "The Legislature finds that it is a public necessity that trade secret information as defined in s. 812.081 , and as provided for in s....

secrets. The term "[t]rade secret" is defined in section 812.081(1)(c), Florida Statutes, as "the whole or any

Water Supply, 98 N.E. 467, 475 (N.Y. 1912). Section 812.081(2), F. S., makes it a misdemeanor of the first