Florida Statute 688.002 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 688
UNIFORM TRADE SECRETS ACT

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F.S. 688.002

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.

F.S. 688.002 on Google Scholar

F.S. 688.002 on Casetext

Amendments to 688.002

Arrestable Offenses / Crimes under Fla. Stat. 688.002

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 688.002.

Annotations, Discussions, Cases:

Cases Citing Statute 688.002

Total Results: 20

Apex Roofing and Restoration, LLC a/a/o Nancy Forde v. Security First Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 2024-05-31

Snippet: Id. Sections 688.002(4) and 812.081(1)(f), in turn, define “[t]rade secret.” See §§ 688.002(4), 812.081(1)(f)

PATIENT DEPOT, LLC v. ACADIA ENTERPRISES, INC., RYAN O'CONNOR and LORI ANN O'CONNOR

Court: District Court of Appeal of Florida | Date Filed: 2023-04-26

Snippet: circumstances to maintain its secrecy. § 688.002(4), Fla. Stat. (2020) (emphasis supplied). “[I]t

RUSSEL VESSELS, JR AND COAST TO COAST TERRAZZO, LLC vs DR. TERRAZZO OF FLORIDA, LLC D/B/A DR. TERRAZZO

Court: District Court of Appeal of Florida | Date Filed: 2022-12-22

Snippet: 1. Trade secrets, as defined in s. 688.002(4).

DIGIPORT, INC. and DATA CENTERS WORLDWIDE, INC. v. FORAM DEVELOPMENT BFC, LLC

Court: District Court of Appeal of Florida | Date Filed: 2020-12-16

Snippet: circumstances to maintain its secrecy. § 688.002(4), Fla. Stat. (2010). Ordinarily, “whether

BRIDGE FINANCIAL, INC. v. J. FISCHER & ASSOCIATES, INC.

Court: District Court of Appeal of Florida | Date Filed: 2020-12-09

Snippet: 946 So. 2d 115, 117 (Fla. 4th DCA 2007). Section 688.002(4), Florida Statutes (2017), of Florida’s Uniform

LEWIS TREE SERVICE, INC. v. ASPLUNDH TREE EXPERT, LLC

Court: District Court of Appeal of Florida | Date Filed: 2020-09-25

Snippet: Summitbridge, 67 So. 3d at 450 (quoting section 688.002(4), Florida Statutes (2010), and applying it to

B&L SERVICES, INC. v. BROWARD COUNTY, FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-07-29

Snippet: the definition of trade secrets under sections 688.002(4) or 812.081(1)(c), Florida Statutes (2016).”

MAPEI CORPORATION and SOUTHEASTERN PRINTING COMPANY, INC. v. J.M. FIELD MARKETING, INC.

Court: District Court of Appeal of Florida | Date Filed: 2020-05-13

Snippet: secret by statutory definition under sections 688.002(4)(a) and (b), Florida Statutes (2017). It also

Managed Care of North America, Inc. v. Florida Healthy Kids Corporation and Delta Dental Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 2019-03-20

Citation: 268 So. 3d 856

Snippet: “trade secret” improperly extracted from section 688.002(4), Florida Statutes. 4 Having satisfied

LAKE WORTH SURGICAL CENTER, INC. v. CRERESER GATES, JOSHUA RULEMAN and ARNOLD RULEMAN

Court: District Court of Appeal of Florida | Date Filed: 2019-02-27

Citation: 266 So. 3d 198

Snippet: circumstances to maintain its secrecy. § 688.002(4), Fla. Stat. (2018) (emphases added). In

In Re: Standard Jury Instructions in Contract and Business Cases - 2018 Report

Court: Supreme Court of Florida | Date Filed: 2019-01-04

Snippet: following: a. Acquisition Theory, § 688.002(2)(a) [(Defendant) acquired

In Re: Standard Jury Instructions in Contract and Business Cases-2018 Report.

Court: Supreme Court of Florida | Date Filed: 2018-12-06

Citation: 260 So. 3d 87

Snippet: the following: a. Acquisition Theory, § 688.002(2)(a) [(Defendant) acquired (claimant's) trade

RASIER-DC, LLC v. B & L SERVICE, INC., BROWARD COUNTY, FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-01-10

Citation: 237 So. 3d 374

Snippet: the definition of trade secrets under sections 688.002(4) or 812.081(1)(c), Florida Statutes (2016). Nothing

Arko Plumbing Corp. v. Rudd

Court: District Court of Appeal of Florida | Date Filed: 2017-10-18

Citation: 230 So. 3d 520

Snippet: circumstances to ■maintain its secrecy. § 688.002(4), Fla. Stat. (2017). Arko’s summary judgment

& SC16-400 Elizabeth White v. Mederi Caretenders Visiting Services of Southeast Florida, LLC., and Americare Home Therapy, Inc., etc. v. Carla Hiles

Court: Supreme Court of Florida | Date Filed: 2017-09-14

Citation: 226 So. 3d 774

Snippet: limited to: 1. Trade secrets, as defined in s, 688.002(4). 2. Valuable confidential business''or

Office of Insurance Regulation v. State Farm Florida Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 2017-03-20

Citation: 213 So. 3d 1104, 2017 WL 1048108, 2017 Fla. App. LEXIS 3662

Snippet: nondisclosure of trade secrets.” Id. Under section 688.002(4), “trade secret” is defined as: [I]nformation

Allied Universal Corp. v. Given

Court: District Court of Appeal of Florida | Date Filed: 2017-03-15

Citation: 223 So. 3d 1040, 2017 WL 1018502, 2017 Fla. App. LEXIS 3459

Snippet: to: 1. Trade secrets, as defined in s. 688.002(4). 2. Valuable confidential business or

Hiles v. Americare Home Therapy, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2015-12-31

Citation: 183 So. 3d 449, 40 I.E.R. Cas. (BNA) 1766, 2015 Fla. App. LEXIS 19510, 2015 WL 9491847

Snippet: secrets as defined in Florida Statutes' Section 688.002, used by the Company- in carrying out its business

Infinity Home Care, L.L.C. and Sylvie Forjet v. Amedisys Holding, LLC

Court: District Court of Appeal of Florida | Date Filed: 2015-11-18

Citation: 180 So. 3d 1060, 40 I.E.R. Cas. (BNA) 1587, 2015 Fla. App. LEXIS 17321, 2015 WL 7292837

Snippet: to: 1. Trade secrets, as defined in s. 688.002(4). 2. Valuable confidential business or

Infinity Home Care, L.L.C. and Sylvie Forjet v. Amedisys Holding, LLC

Court: District Court of Appeal of Florida | Date Filed: 2015-08-19

Snippet: to: 1. Trade secrets, as defined in s. 688.002(4). 2. Valuable confidential business