Florida Statute 812.81 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

View Entire Chapter

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 CourtListener

Amendments to 812.081

Annotations, Discussions, Cases:

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

Cases Citing Statute 812.081

Total Results: 30

Johnson v. Keene (In Re Keene)

135 B.R. 162, 1991 Bankr. LEXIS 1909

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 20, 1991 | Docket: 1547759

Cited 26 times | Published

of the provisions of §§ 812.012-812.037 or section 812.081 has a cause of action for three-fold the actual

New Lenox Industries, Inc. v. Fenton

510 F. Supp. 2d 893, 2007 U.S. Dist. LEXIS 32659, 2007 WL 1303035

District Court, M.D. Florida | Filed: May 3, 2007 | Docket: 2452472

Cited 22 times | Published

prior to its amendment in 1999, § 772.11 included § 812.081 as an enumerated crime for which a civil remedy

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Hagerty

808 F. Supp. 1555, 1992 U.S. Dist. LEXIS 19200, 1992 WL 372230

District Court, S.D. Florida | Filed: Oct 27, 1992 | Docket: 961766

Cited 14 times | Published

Id. at 134 (emphasis added). Florida Statute § 812.081 defines trade secret as any ... list of customers

Fla. Soc of Newspaper Editors, Inc. v. Fla., Psc

543 So. 2d 1262

District Court of Appeal of Florida | Filed: Apr 28, 1989 | Docket: 1328218

Cited 13 times | Published

records. [4] "Trade secret" is defined in section 812.081, Florida Statutes (1987), as any compilation

Sepro Corporation v. Florida Department of Environmental Protection

839 So. 2d 781, 2003 WL 291002

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 1707875

Cited 9 times | Published

meets the definition of `trade secret' under § 812.081, Florida Statutes, because SePRO failed to timely

Tourismart of America, Inc. v. Gonzalez

498 So. 2d 469, 11 Fla. L. Weekly 1890, 1986 Fla. App. LEXIS 9553

District Court of Appeal of Florida | Filed: Sep 2, 1986 | Docket: 1699899

Cited 9 times | Published

the provisions of sections 812.012-.037 or section 812.081. Since section 812.035(7) may not be used in

Blackstone Pa v. Dade City Osteopathic

511 So. 2d 1050

District Court of Appeal of Florida | Filed: Aug 7, 1987 | Docket: 1338762

Cited 8 times | Published

from the offices of OLIVA" in violation of section 812.081, Florida Statutes. Alleging malicious and willful

Board of Regents v. Taborsky

648 So. 2d 748, 1994 WL 497991

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 1342313

Cited 7 times | Published

second degree grand theft and with violating section 812.081(2), Florida Statutes (1987), in one count of

St. Johns Vein Ctr., Inc. v. StreamlineMD LLC

347 F. Supp. 3d 1047

District Court, M.D. Florida | Filed: Sep 28, 2018 | Docket: 64321683

Cited 4 times | Published

trade secrets in violation of Florida Statutes section 812.081.19 Similarly, in Count V, SJVC asserts that

Potucek v. Taylor

738 F. Supp. 466, 16 U.S.P.Q. 2d (BNA) 1383, 1990 U.S. Dist. LEXIS 6642, 1990 WL 72703

District Court, M.D. Florida | Filed: May 21, 1990 | Docket: 1800852

Cited 4 times | Published

1195 (5th Cir.1986); See also Florida Statutes § 812.081 (1989). Trade secret laws do not prohibit copying

World Wide Bearing & Automotive Parts, Inc. v. Springer (In Re Springer)

85 B.R. 634, 1988 Bankr. LEXIS 2285

United States Bankruptcy Court, S.D. Florida. | Filed: Mar 31, 1988 | Docket: 1509062

Cited 4 times | Published

damages and injunctive relief pursuant to Section 812.081(1)(c), Fla.Stat. (1985) (the Florida Civil

M.C. Dean, Inc. v. City of Miami Beach

199 F. Supp. 3d 1349, 2016 WL 4179807, 2016 U.S. Dist. LEXIS 184589

District Court, S.D. Florida | Filed: Aug 8, 2016 | Docket: 64309934

Cited 3 times | Published

definition of trade secret under Florida Statutes section 812.081, “because SePRO failed to timely mark the documents

Coventry First, LLC v. State Office of Insurance Regulation

30 So. 3d 552, 2010 Fla. App. LEXIS 1423, 2010 WL 478289

District Court of Appeal of Florida | Filed: Feb 12, 2010 | Docket: 1120811

Cited 2 times | Published

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

CUBIC TRANSP. SYSTEMS v. Miami-Dade County

899 So. 2d 453, 30 Fla. L. Weekly Fed. D 921

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 1705736

Cited 2 times | Published

secrecy[,]" § 688.002(4)(b), Fla. Stat. (2004); § 812.081(1)(c), Fla. Stat. (2004); Sepro Corp. v. Fla.

State v. Telesz

873 So. 2d 1236, 2004 WL 1074014

District Court of Appeal of Florida | Filed: May 14, 2004 | Docket: 1732907

Cited 2 times | Published

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

Heddon v. State

786 So. 2d 1262, 2001 WL 669348

District Court of Appeal of Florida | Filed: Jun 15, 2001 | Docket: 1278941

Cited 2 times | Published

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

Booksmart Enterprises v. Barnes & Noble

718 So. 2d 227, 1998 Fla. App. LEXIS 10775, 1998 WL 484108

District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 286678

Cited 2 times | Published

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

Rosenthal Toyota, Inc. v. Thorpe

824 F.2d 897

Court of Appeals for the Eleventh Circuit | Filed: Aug 14, 1987 | Docket: 66227863

Cited 2 times | Published

violation of the provisions of §§ 812.012-812.037 or § 812.081 has a cause of action for threefold the actual

JAMES, HOYER, NEWCOMER v. Rodale, Inc.

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

District Court of Appeal of Florida | Filed: Jul 30, 2010 | Docket: 2397326

Cited 1 times | Published

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

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

District Court of Appeal of Florida | Filed: May 31, 2024 | Docket: 68814077

Published

technique, or process.” § 688.002(4); see also § 812.081(1)(f). However, “while a bottom-line bid and its

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

268 So. 3d 856

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752074

Published

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

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

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

District Court of Appeal of Florida | Filed: Jun 9, 2017 | Docket: 6071335

Published

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

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

District Court of Appeal of Florida | Filed: Mar 20, 2017 | Docket: 4619337

Published

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

Ago

Florida Attorney General Reports | Filed: Jan 13, 2009 | Docket: 3257912

Published

protection as a trade secret as defined in section 812.081, Florida Statutes, are prohibited from revealing

Ago

Florida Attorney General Reports | Filed: Dec 31, 1997 | Docket: 3255814

Published

secrets. The term "[t]rade secret" is defined in section 812.081(1)(c), Florida Statutes, as "the whole or any

Clark v. State

670 So. 2d 1056, 1996 WL 112177

District Court of Appeal of Florida | Filed: Mar 15, 1996 | Docket: 1671241

Published

for theft of trade secrets in violation of section 812.081, Florida Statutes (1993). We reverse Clark's

Ago

Florida Attorney General Reports | Filed: Sep 18, 1995 | Docket: 3256254

Published

information a trade secret for purposes of section 812.081, Florida Statutes.4 Moreover, the fact that

Ago

Florida Attorney General Reports | Filed: May 22, 1992 | Docket: 3257790

Published

subject to the provisions of Ch. 119, F.S. 2. Section 812.081, F.S., does not constitute an exemption to

Springs v. State

553 So. 2d 279, 14 Fla. L. Weekly 2760, 1989 Fla. App. LEXIS 6673, 1989 WL 142663

District Court of Appeal of Florida | Filed: Nov 28, 1989 | Docket: 64646782

Published

force, violence, assault, or putting in fear.” § 812.081, Fla.Stat. (1985). Victim injury is causally related

Ago

Florida Attorney General Reports | Filed: Apr 10, 1980 | Docket: 3257728

Published

Water Supply, 98 N.E. 467, 475 (N.Y. 1912). Section 812.081(2), F. S., makes it a misdemeanor of the first