688.003
Injunctive relief.
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688.003 Injunctive relief.—
(1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
(3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
History.—s. 3, ch. 88-254.
Notes of Decisions
Cited in 29
cases (7 in the last 5 years), 1993–2025 · leading case: Del Monte Fresh Produce Co. v. Dole Food Co., Inc.
Del Monte Fresh Produce Co. v. Dole Food Co., Inc. (2001)
“See Fla.Stat. § 688.003; Cal.Civ.Code § 3426.”
Alphamed Pharmaceuticals Corp. v. Arriva Pharmaceuticals, Inc. (2006)
“See Fla. Stat. §§ 688.003 , 688.004. 30 With respect to the recovery of damages, the statute specifically provides, in relevant part, that Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation…”
CareerFairs.com v. United Business Media LLC (2011)
“Plaintiffs Amended Complaint (DE # 17) alleges the following causes of action against the three Defendants, UBM, Astound, and O’Brien: Breach of Confidentiality Agreement (Count I); Misappropriation of Trade Secrets in Violation of Florida’s Uniform Trade Secrets Act, Fla. Stat.…”
M.C. Dean, Inc. v. City of Miami Beach (2016)
“§ 1836 (“An owner of a trade secret that is misappropriated may bring a civil action under this subsection —”); Fla. Stat. § 688.003-004 (alteration added).”
Sensormatic Electronics Corp. v. TAG CO. US, LLC (2008)
“Fla. Stat. § 688.003 (2008) (“Actual or threatened misappropriation may be enjoined.”
Del Monte Fresh Produce Co. v. Dole Food Co., Inc. (2001)
“Funk from defending against Del Monte’s claim, which is for violations of Florida’s Uniform Trade Secrets Act, Fla. Stat. § 688.003 . Del Monte’s principal argument in opposition to Dr.”
Thomas v. Alloy Fasteners, Inc. (1995)
“§ 688.003, Fla. Stat. (1993). The order edit lists taken from Alloy's office by Appellant Daniel J.”
Premier Lab Supply, Inc. v. Chemplex Industries, Inc. (2012)
“4 We first note that section 688.003(1), Florida Statutes, which allows for a plaintiff in a misappropriation of trade secrets case to obtain injunctive relief, provides that, in general, “an injunction shall be terminated when the trade secret has ceased to exist.”
Rx Solutions v. Express Pharmacy Services (1999)
“As an independent ground for entry of the injunction, the court further found that the former employees disclosed or misappropriated a trade secret without the consent of the former employer and thus violated the Florida Uniform Trade Secret Act under section 688.003(1), Florida…”
Hatfield v. AutoNation, Inc. (2006)
“The statute deals not with restrictive covenants and employment by a business' competition, but with misappropriation. It provides injunctive relief when trade secrets have actually been misappropriated, as here, or misappropriation has been threatened.”
Financial Information Technologies, LLC v. iControl Systems, USA, LLC (2021)
“Fla. Stat. § 688.003 (1). As the statute indicates, an injunction under FUTSA should ordinarily be for a specified period of time, which may be extended under certain circumstances.”
Four Seasons Hotels & Resorts B v. v. Consorcio Barr, S.A. (2003)
“Fla. Stat. § 688.003 (3). 30. A complainant is entitled to recover damages for misappropriation.”
— 688.003(1) — 5 cases
Del Monte Fresh Produce Co. v. Dole Food Co., Inc. (2001)
“See Fla.Stat. § 688.003; Cal.Civ.Code § 3426.”
Premier Lab Supply, Inc. v. Chemplex Industries, Inc. (2012)
“4 We first note that section 688.003(1), Florida Statutes, which allows for a plaintiff in a misappropriation of trade secrets case to obtain injunctive relief, provides that, in general, “an injunction shall be terminated when the trade secret has ceased to exist.”
Rx Solutions v. Express Pharmacy Services (1999)
“As an independent ground for entry of the injunction, the court further found that the former employees disclosed or misappropriated a trade secret without the consent of the former employer and thus violated the Florida Uniform Trade Secret Act under section 688.003(1), Florida…”
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