688.002
Definitions.
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688.002 Definitions.—As used in ss. 688.001-688.009, unless the context requires otherwise:
(1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(2) “Misappropriation” means:
(a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(b) Disclosure or use of a trade secret of another without express or implied consent by a person who:
1. Used improper means to acquire knowledge of the trade secret; or
2. At the time of disclosure or use, knew or had reason to know that her or his knowledge of the trade secret was:
a. Derived from or through a person who had utilized improper means to acquire it;
b. Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
c. Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
3. Before a material change of her or his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(3) “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(4) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process that:
(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily 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.
History.—s. 2, ch. 88-254; s. 750, ch. 97-102.
Notes of Decisions
Cited in 130
cases (45 in the last 5 years), 1989–2026 · leading case: Liberty American Insurance Group, Inc. v. Westpoint Underwriters, L.L.C.
Liberty American Insurance Group, Inc. v. Westpoint Underwriters, L.L.C. (2001)
“Fla. Stat. § 688.002 (4). This Court adopts Judge Jenkins’ conclusion that Plaintiff Liberty American’s rating software is a trade secret under Florida law.”
Compulife Software Inc. v. Moses Newman (2020)
“Fla. Stat. § 688.002 (4). “[W]hether something is a trade secret is a question typically ‘resolved by a fact finder after full presentation of evidence from each side.”
Advantor Systems Corporation v. DRS Technical Services, Inc. (2017)
“DRS allegedly used the latter two sets of information to successfully maintain Advantor equipment without having to subcontract with Advantor.”
Yellowfin Yachts, Inc. v. Barker Boatworks, LLC (2018)
“2017) (citing Fla. Stat. § 688.002 ; Am. Red Cross v. Palm Beach Blood Bank, Inc.”
Sentry Data Sys., Inc. v. CVS Health (2018)
“§ 1836 and Fla. Stat. § 688.002 (Counts VI-VII); Florida common law conversion of confidential information and proprietary information (Count VIII); and Florida common law unfair competition (Count IX).”
DynCorp International v. AAR Airlift Group, Inc. (2016)
“” Fla. Stat. §§ 688.002-688.004 . “Misappropriation” means: (a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (b) Disclosure or use of a trade secret of another without express or…”
Vas Aero Services, LLC v. Arroyo (2012)
“2001) (quoting Fla. Stat. § 688.002 (2) (2011)). i. Trade Secret In order to be classified as a trade secret, the information at issue— which can include a formula, pattern, compilation, program, devices, method, technique, or process — must: (a) [derive] independent economic…”
Del Monte Fresh Produce Co. v. Dole Food Co., Inc. (2001)
“See Fla. Stat. § 688.002 . To qualify as a trade secret, the information that the plaintiff seeks to protect must derive economic value from not being readily ascertainable by others and must be the subject of reasonable efforts to protect its secrecy.”
Sensormatic Electronics Corp. v. TAG CO. US, LLC (2008)
“Fla. Stat. § 688.002 . 279. Sensormatic’s specifications are trade secrets.”
Del Monte Fresh Produce Co. v. Dole Food Co., Inc. (2001)
“See Fla.Stat. § 688.002(2) (defining misappropriation); Cal.”
Alphamed Pharmaceuticals Corp. v. Arriva Pharmaceuticals, Inc. (2006)
“On the subject of statutory construction, AlphaMed contends that “the legislature’s decision to forgo mention of damages in the definition of ‘misappropriation’ [in Fla. Stat. § 688.002 ] in fact evidences that it specifically intended to exclude damages as an element of a prima…”
M.C. Dean, Inc. v. City of Miami Beach (2016)
“Fla. Stat. § 688.002 . “In a trade secret action, the plaintiff bears the burden of demonstrating both that the specific information it seeks to protect is secret and that it has taken reasonable steps to protect this secrecy.”
— 688.002(1) — 5 cases
Compulife Software Inc. v. Moses Newman (2020)
“Fla. Stat. § 688.002 (4). “[W]hether something is a trade secret is a question typically ‘resolved by a fact finder after full presentation of evidence from each side.”
Spigot, Inc. v. Hoggatt (2020)
— 688.002(2) — 14 cases
Del Monte Fresh Produce Co. v. Dole Food Co., Inc. (2001)
“See Fla.Stat. § 688.002(2) (defining misappropriation); Cal.”
Vas Aero Services, LLC v. Arroyo (2012)
“2001) (quoting Fla. Stat. § 688.002 (2) (2011)). i. Trade Secret In order to be classified as a trade secret, the information at issue— which can include a formula, pattern, compilation, program, devices, method, technique, or process — must: (a) [derive] independent economic…”
Spigot, Inc. v. Hoggatt (2020)
— 688.002(2)(a) — 6 cases
— 688.002(2)(b) — 2 cases
Del Monte Fresh Produce Co. v. Dole Food Co., Inc. (2001)
“See Fla. Stat. § 688.002 . To qualify as a trade secret, the information that the plaintiff seeks to protect must derive economic value from not being readily ascertainable by others and must be the subject of reasonable efforts to protect its secrecy.”
— 688.002(2)(b)(1) — 2 cases
— 688.002(2)(b)(2)(a) — 2 cases
— 688.002(2)(b)(2)(b) — 3 cases
Arthrex, Inc. v. Hilton (2022)
— 688.002(2)(b)(2)(c) — 2 cases
— 688.002(2)(b)(3) — 2 cases
— 688.002(4) — 44 cases
Del Monte Fresh Produce Co. v. Dole Food Co., Inc. (2001)
“See Fla.Stat. § 688.002(2) (defining misappropriation); Cal.”
Arko Plumbing Corp. v. Rudd (2017)
— 688.002(4)(a) — 3 cases
Spigot, Inc. v. Hoggatt (2020)
Couture v. Noshirvan (2024)
— 688.002(4)(b) — 4 cases
Compulife Software Inc. v. Moses Newman (2020)
“Fla. Stat. § 688.002 (4). “[W]hether something is a trade secret is a question typically ‘resolved by a fact finder after full presentation of evidence from each side.”
Spigot, Inc. v. Hoggatt (2020)
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