90.506
Privilege with respect to trade secrets.
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90.506 Privilege with respect to trade secrets.—A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by that person if the allowance of the privilege will not conceal fraud or otherwise work injustice. When the court directs disclosure, it shall take the protective measures that the interests of the holder of the privilege, the interests of the parties, and the furtherance of justice require. The privilege may be claimed by the person or the person’s agent or employee.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 479, ch. 95-147.
Notes of Decisions
Cited in 52
cases (7 in the last 5 years), 1978–2026 · leading case: Del Monte Fresh Produce Co. v. Dole Food Co., Inc.
Del Monte Fresh Produce Co. v. Dole Food Co., Inc. (2001)
“A party who resists production of trade secrets in Florida usually does so under the state’s statutory trade secret privilege, Fla. Stat. § 90.506 . 1 See, e.g., Auto Owners *1324 Ins.”
Auto Owners Insurance v. Totaltape, Inc. (1990)
“Requests 5 and 6 Requests 5 and 6 seek plaintiff’s claims manuals or guidelines for business interruption claims. Plaintiff resists discovery of these items and related doc *203 uments on the grounds that they are trade secrets under Fla.”
Florida Hosp. Waterman, Inc. v. Buster (2008)
“(2006) (providing for accountant-client privilege); § 90.506, Fla. Stat. (2006) (privilege with respect to trade secrets); § 90.”
Columbia Hospital (Palm Beaches) Ltd. Partnership v. Hasson (2010)
“§ 90.506, Fla. Stat. (‘When the court directs disclosure, it shall take the protective measures that the interests of the holder of the privilege, the interests of the parties, and the furtherance of justice require.”
WAL-MART STORES EAST, LP v. Endicott (2011)
“§ 90.506, Fla. Stat. Sharing provisions, like the underlying one, which allow the dissemination of trade secrets without considering these factors codified in section 90.”
Giacalone v. Helen Ellis Memorial Hospital Foundation, Inc. (2009)
“When the circuit court reconsiders the motion to compel on remand, it should give appropriate consideration to the trade secrets issue under section 90.506, Florida Statutes (2008). See Ameritrust Ins.”
Freedom Newspapers, Inc. v. Egly (1987)
“He felt that it did not, Freedom agreed, and Stahr's firm eventually devised its own plan for Freedom. Ramsey, as an officer of CFC, also objected to disclosure on the ground that CFC's methods of acquiring and assimilating information, and ultimately rendering advice based on…”
Cape Canaveral Hosp., Inc. v. Leal (2005)
“…health care to the people of Florida and the order under review will chill peer review participation. [4] § 90.506, Fla. Stat. (1999).”
Ameritrust Ins. v. O'Donnell Landscapes (2005)
“Pursuant to section 90.506, Florida Statutes (2004), a party has a privilege to refuse to disclose a trade secret if the allowance of the privilege will not conceal fraud or create injustice.”
Harley Shipbuilding Corp. v. FAST CATS FERRY SERVICE, LLC. (2002)
“Trade secrets are privileged under section 90.506, Florida Statutes (2000), and Florida cases recognize that their disclosure creates the potential for irreparable harm.”
East Colonial Refuse Service, Inc. v. Velocci (1982)
“Section 90.506, Florida Statutes (1981) (Florida Evidence Code) recognizes a privilege with respect to trade secrets.”
Bright House Networks, LLC v. Cassidy (2014)
“Because Bright House contends that the order improperly requires the disclosure of trade secrets or other proprietary information, we have jurisdiction for certiorari review and turn to whether the trial court departed from the essential requirements of law.”
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