Florida Statute 812.081 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

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F.S. 812.081

812.081 Theft of or trafficking in trade secrets; definitions; penalties; providing to foreign entities; restitution.—

(1) As used in this section, the term:

(a) “Endeavor” means to attempt or to try.

(b) “Foreign agent” means any officer, employee, proxy, servant, delegate, or representative of a foreign government.

(c) “Foreign instrumentality” means any agency, bureau, ministry, component, institution, association, or any legal, commercial, or business organization, corporation, firm, or entity that is substantially owned, controlled, sponsored, commanded, managed, or dominated by a foreign government.

(d) “Obtain or use” has the same meaning as provided in s. 812.012(3).

(e) “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.

(f) “Trade secret” means the whole or any portion or phase of any formula, pattern, device, combination of devices, or compilation of information which is for use, or is used, in the operation of a business and which provides the business an advantage, or an opportunity to obtain an advantage, over those who do not know or use it. The term includes any scientific, technical, or commercial information, including financial information, and includes any design, process, procedure, list of suppliers, list of customers, business code, or improvement thereof, whether tangible or intangible, and regardless of whether or how it is stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing. Irrespective of novelty, invention, patentability, the state of the prior art, and the level of skill in the business, art, or field to which the subject matter pertains, a trade secret is considered to be:

1. Secret;

2. Of value;

3. For use or in use by the business; and

4. Of advantage to the business, or providing an opportunity to obtain an advantage, over those who do not know or use it,

when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.

(g) “Traffic” has the same meaning as provided in s. 812.012(8).

(2) It is unlawful for a person to willfully and without authorization, obtain or use, or endeavor to obtain or use, a trade secret with the intent to either temporarily or permanently:

(a) Deprive or withhold from the owner thereof the control or benefit of a trade secret; or

(b) Appropriate a trade secret to his or her own use or to the use of another person not entitled to the trade secret.

A person who violates this subsection commits theft of a trade secret, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A person who traffics in, or endeavors to traffic in, a trade secret that he or she knows or should know was obtained or used without authorization commits trafficking in trade secrets, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Whenever a person is charged with a violation of this section which was committed with the intent to benefit a foreign government, a foreign agent, or a foreign instrumentality, the offense for which the person is charged shall be reclassified as follows:

(a) In the case of theft of a trade secret, from a felony of the third degree to a felony of the second degree.

(b) In the case of trafficking in trade secrets, from a felony of the second degree to a felony of the first degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 of the offense committed.

(5) A court shall order a person convicted of violating this section to pay restitution, which shall include the value of the benefit derived from the offense, including any expenses for research and design and other costs of reproducing the trade secret that the person has avoided by committing the offense.

(6) In a prosecution for a violation of this section, the fact that the person so charged returned or intended to return the unlawfully obtained or used trade secret is not a defense.

(7) A person who owns a trade secret that is unlawfully obtained or used may bring a civil action to enjoin the continued improper use of such trade secret, and a court may require affirmative actions to protect the trade secret. Where exceptional circumstances render an injunction inequitable, a court may condition future use of the trade secret on the payment of a reasonable royalty for no longer than the period of time for which such use could have been prohibited.

(8) A person may not be held criminally or civilly liable under this section for the disclosure of a trade secret when such disclosure is:

(a) Made confidentially to an attorney, law enforcement officer, or other federal, state, or local government official for the purpose of reporting or investigating a suspected violation of law; or

(b) Made in a complaint or other document filed under seal in a lawsuit or other proceeding.

History.—ss. 1, 2, 3, ch. 74-136; s. 1, ch. 85-34; s. 1240, ch. 97-102; s. 1, ch. 2016-5; s. 2, ch. 2021-75.

F.S. 812.081 on Google Scholar

F.S. 812.081 on Casetext

Amendments to 812.081

Arrestable Offenses / Crimes under Fla. Stat. 812.081

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

S812.081 - FRAUD - RENUMBERED. SEE REC #8899 - F: T

S812.081 - EMBEZZLE - RENUMBERED. SEE REC #8900 - F: T

S812.081 2 - EMBEZZLE - RENUMBERED. SEE REC # 9499 - F: T

S812.081 2 - FRAUD - RENUMBERED. SEE REC # 9498 - F: T

S812.081 2a - LARC - THEFT OF TRADE SECRETS - F: T

S812.081 2b - EMBEZZLE - APPROPRIATE TRADE SECRET TO OWN USE - F: T

S812.081 3 - FRAUD - TRAFFICKING IN TRADE SECRETS - F: S

S812.081 4a - LARC - THEFT TRADE SECRETS BENEFIT FOREIGN GOV AGENT - F: S

S812.081 4b - LARC - TRAFFIC TRADE SECRET BENEFIT FOREIGN GOV AGENT - F: F

Annotations, Discussions, Cases:

Cases Citing Statute 812.081

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

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

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

Snippet: of trade secrets under sections 688.002(4) or 812.081(1)(c), Florida Statutes (2016).” Rasier I, 237

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: degree Trade secrets 812.081 - 16

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: as a matter of law, in application of section 812.081(1)(c), Florida Statutes, and portions of the order

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-02.

Court: Supreme Court of Florida | Date Filed: 2018-10-25

Citation: 256 So. 3d 1316

Snippet: second 812.014(3)(a) 14.1 degree Trade secrets 812.081 GRAND THEFT - SECOND DEGREE (PROPERTY VALUED AT

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

Surterra Florida, LLC., Alpha Foliage etc. v. Florida Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2017-06-09

Citation: 223 So. 3d 376, 2017 WL 2491548, 2017 Fla. App. LEXIS 8542

Snippet: appellants’ consultants meet the requirements of section 812.081(l)(c), Florida Statutes (2015). I. Facts

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: secrecy. § 688.002(4), Fla. Stat. Likewise, section 812.081(c) defines “trade secret” as: [Tjhe whole or any

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-04

Court: Supreme Court of Florida | Date Filed: 2016-04-14

Citation: 190 So. 3d 614, 2016 WL 1460587

Snippet: second degree 812.014(3)(a) 14.1 Trade secrets 812.081 GRAND THEFT — SECOND DEGREE (PROPERTY VALUED

JAMES, HOYER, NEWCOMER v. Rodale, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2010-07-30

Citation: 41 So. 3d 386, 2010 Fla. App. LEXIS 11105, 2010 WL 2976932

Snippet: public records trade secrets, as defined by section 812.081, Florida Statutes (2009), which latter provision

Coventry First, LLC v. State Office of Insurance Regulation

Court: District Court of Appeal of Florida | Date Filed: 2010-02-12

Citation: 30 So. 3d 552, 2010 Fla. App. LEXIS 1423

Snippet: retroactive application of the 2007 amendment. See § 812.081(1)(c), Fla. Stat. (2007) (defining "trade secret")

Navarro v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-10-21

Citation: 19 So. 3d 1180, 2009 Fla. App. LEXIS 15822, 2009 WL 3364953

Snippet: or proceeding under ss. 812.012-812.037 or s. 812.081 may be commenced at any time within 5 years after

Ago

Court: Florida Attorney General Reports | Date Filed: 2009-01-13

Snippet: protection as a trade secret, as defined in s. 812.081, to use that information for personal gain or to

In Re Standard Jury Instructions in Criminal Cases-No. 2007-11

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 563, 33 Fla. L. Weekly Supp. 554, 2008 Fla. LEXIS 1237, 2008 WL 2679168

Snippet: Trade secrets 812.081 ----------------------------------------------

State v. Ramos

Court: District Court of Appeal of Florida | Date Filed: 2008-03-12

Citation: 975 So. 2d 638, 2008 WL 649059

Snippet: or proceeding under ss. 812.012-812.037 or s. 812.081 may be commenced at any time within 5 years after

CUBIC TRANSP. SYSTEMS v. Miami-Dade County

Court: District Court of Appeal of Florida | Date Filed: 2005-04-06

Citation: 899 So. 2d 453

Snippet: secrecy[,]" § 688.002(4)(b), Fla. Stat. (2004); § 812.081(1)(c), Fla. Stat. (2004); Sepro Corp. v. Fla. Dep't

State v. Telesz

Court: District Court of Appeal of Florida | Date Filed: 2004-05-14

Citation: 873 So. 2d 1236, 2004 WL 1074014

Snippet: proceeding under sections 812.012-812.037 or section 812.081 may be commenced at any time within five years

Sepro Corporation v. Florida Department of Environmental Protection

Court: District Court of Appeal of Florida | Date Filed: 2003-02-12

Citation: 839 So. 2d 781, 2003 WL 291002

Snippet: complaint invoked sections *783 403.111, 688.002, 812.081 and 815.045, Florida Statutes (2000). With regard

Heddon v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-06-15

Citation: 786 So. 2d 1262, 2001 WL 669348

Snippet: investigating Heddon for a violation of section 812.081, Florida Statutes (1999). In conjunction with its

Booksmart Enterprises v. Barnes & Noble

Court: District Court of Appeal of Florida | Date Filed: 1998-08-19

Citation: 718 So. 2d 227, 1998 Fla. App. LEXIS 10775

Snippet: (business "compilations") pursuant to section 812.081(1)(c), Florida Statutes (1995). As the completed