CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2003 WL 291002
...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)....
..."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....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 1423, 2010 WL 478289
...e 2007 amendment. See §
812.081(1)(c), Fla. Stat. (2007) (defining "trade secret"). Under Florida law, trade secret information is "expressly made confidential and exempt from the public records law because it is a felony to disclose such records." §
815.045, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11105, 2010 WL 2976932
...We have for review a final order declaring documents that Rodale, Inc., ("Rodale") producedin compliance with investigatory subpoenasto the Department of Legal Affairs, Office of the Attorney General ("AG") to be trade secrets, and therefore exempt from disclosure as public records, pursuant to section 815.045, Florida Statutes (2009), even though now in the AG's hands....
...s 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). 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 a...
...In concluding that the customer complaints and responses are not trade secrets, we perceive no "public [or] private harm" that would "significantly outweigh [the] public benefit" from disclosure, notably "the public's ability to scrutinize and monitor agency action" concerning practices of which customers have complained. § 815.045, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 16540, 2003 WL 22459574
...neral in response to a valid investigative subpoena. The trial court’s order is AFFIRMED. We note that appellants raised for the first time in their reply brief the argument that the documents at issue were exempt from the Public Records Act under section 815.045, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal
...laws “state with specificity the public necessity justifying the
exemption” and “are no broader than necessary to accomplish the
stated purpose of the law.” Art. I, § 24(c), Fla. 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 ....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 1048108, 2017 Fla. App. LEXIS 3662
...Florida has a broad public records policy providing “that all state, county, and municipal records are open for personal inspection and copying by any person.” §
119.01(1), Fla. Stat. But the Legislature has exempted trade secrets from the public records law. See §
815.045, Fla....
CopyPublished | Florida 4th District Court of Appeal
...Second, relying on our decision in
State Attorney’s Office of Seventeenth Judicial Circuit v. Cable News
Network, Inc.,
254 So. 3d 461 (Fla. 4th DCA 2018), it found that Broward
County’s refusal to produce the unredacted reports could not be unlawful
because it was based on the “trade secret” exemption contained in section
815.045, Florida Statutes (2016)....
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
...e to persons other than those selected by the owner to have access thereto for limited purposes ." 3 (e.s.) In addition, the First 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....
...of efforts that are reasonable under the circumstances to maintain its secrecy ." (e.s.) 4
839 So. 2d 781 , 785-787 (Fla. 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....
