Florida/Georgia Personal Injury & Workers Compensation

...cret' 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)....

...tted 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 not a single one even of the documents marked confidential when furnished to DEP qualifies as a trade secret exempt from disclosure as public records....

...ith the department, unless such materials fall within a legislatively created exemption to Ch. 119, F.S." Op. Att'y Gen. Fla. 90-104, at 323 (1990). See also Ops. Att'y Gen. Fla. 95-58, at 179-80 (1995) & 80-31, at 79 (1980). What is now codified as section 815.045, Florida Statutes (2002), was originally codified as section 119.165, Florida Statutes (Supp.1994), as part of the Public Records Law. 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. 815.04(3), be expressly made confidential and exempt from the public records law because it is a felony to disclose such records....

...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....

...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....

...Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee. RYDER, Acting Chief Judge. Mitchell Scott Newberger was convicted of the crimes of modifying intellectual property and making a false statement to obtain a credit card. On appeal, he argues that section 815.04, Florida Statutes (1991), which criminalizes modification of intellectual property, is unconstitutional. He also asserts that the evidence was insufficient to support his convictions for both offenses. We hold that section 815.04 is constitutional, and affirm on that point....

...When the "nine" procedure was used, the system created a record of the use. Maas Brothers authorized the analysts to "nine" the system in certain situations, none of which are applicable here. The state charged Newberger with two counts of violating section 815.04 based on his use of the nine key in opening two accounts, and a third count as a principal based on another analyst's use of the nine key....

...(4)(b) If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 815.04, Fla....

...ines "modify" as "to change the form or properties of for a definite purpose." These words are not archaic or obscure. We believe they have a common meaning and that an ordinary person would know what acts the statute forbids. We therefore hold that section 815.04, Florida Statutes (1991), is not unconstitutionally vague....

...ification to the system to bring him within the ambit of the statute. It further contends that "[e]very keystroke that [Newberger] entered into the computer in the processing of a credit application changed the data in the computer." The state reads section 815.04 too broadly....

...dissenting) (an employee who exceeds his authorized access to a computer should not be subject to criminal sanctions under section 815.06). We do hold that the evidence at trial did not support his convictions for the three counts charging modification of intellectual property under section 815.04....

...An examination of the enabling legislation does not indicate that the Legislature intended section 2 of chapter 94-100 to constitute a separate and general exemption from the Public Records Law for all trade 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....

...7 It is a cardinal rule of statutory construction that a statute should be construed so as to ascertain and give effect to the intention of the Legislature. 8 An examination of section 119.165, setting forth the legislative intent for the amendment of section 815.04 , indicates that the Legislature sought to protect trade secrets which an agency, in carrying out its mission, requires an entity or individual to submit to the agency....

...92-43 (1992), stating that s. 812.081 , Fla. Stat., does not constitute a general exemption to Ch. 119 , Fla. Stat. 6 See, title to Ch. 94-100, Laws of Florida, which states: An act relating to confidentiality of certain trade secret information; amending s. 815.04 , F.S.; providing an exemption from public records requirements for data held by an agency which is a trade secret and which exists internal or external to a computer system; providing for future review and repeal; providing a finding of public necessity; providing an effective date....

...The State appeals an Order Granting Motion for Judgment of Acquittal After a Jury Verdict. The State argues that Appellee's alleged act of deleting computer files from her former employer's computer system constituted the destruction of data pursuant to section 815.04(2), Florida Statutes, which provides that "[w]hoever willfully, knowingly, and without authorization destroys data ......

...commits an offense against intellectual property." The trial court rejected this argument, concluding instead that because the employer was able to retrieve the files from its hard drives, there was no evidence that Appellee destroyed data as required for a conviction of section 815.04(2)....

department are not exempt from disclosure under section 815.04(3), Florida Statutes, merely because they are

...n card in violation of subsection 322.212(4), Florida Statutes (2000), official misconduct by falsification of identification card in violation of section 839.25, Florida Statutes (2000), and unlawful modification of computer data in violation of subsection 815.04(1), Florida Statutes (2000)....

...Section 839.25 prohibits a public servant from “knowingly falsifying, or causing another to falsify, any official record or official document.” Id. § 839.25(1) (emphasis added). * The evidence is legally sufficient to support the conviction. However, we reverse the conviction for modifying intellectual property. Subsection 815.04(1), Florida Statutes (2000), provides: Whoever willfully, knowingly, and without authorization modifies data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property. (Emphasis added). The offense is a felony. See id. § 815.04(4)(b)....

...This statute addresses what is colloquially referred to as “hacking.” It prohibits someone from altering information that already exists in a computer system. In other words, if Garcia had without authority modified information already existing in the computer system, she would have been in violation of subsection 815.04(1)....

...Garcia caused new information to be entered for the first time into the computer system and an identification card was issued. There was no evidence to establish that anyone modified data which already existed in the computer system. The evidence here did not support a conviction for modifying intellectual property under subsection 815.04(1)....

...er laptop. Willoughby was arrested and charged with unlawfully accessing a computer database in violation of sections 815.06(1) and (2)(a), Florida Statutes (2006) (count one), and obtaining trade secret or confidential data in violation of sections 815.04(S)(b) and (4)(a), Florida Statutes (2006) (count two)....

...k administrator. Accordingly, because Willoughby received authorization to access Our Kids’ computer network, count one is reversed as the State failed to prove that Willough-by’s conduct violated section 815.06. Count two charges a violation of section 815.04(3)(b) of the Florida Statutes which states, “Whoever willfully, knowingly, and without authorization discloses or takes data, programs, or supporting documentation which is a trade secret ......

...Thus, the State proved all the elements of the crime. Willoughby argues that she committed no crime because she did not have a malicious purpose in transferring the confidential information to her personal laptop, but rather, that her purpose was to work from her home. However, section 815.04(3)(b) does not include a requirement that the defendant have a malicious purpose....