Florida/Georgia Personal Injury & Workers Compensation

...cret' protection." These filings were not required by law. On appeal, no party has attached any significance to whether DEP actually contracted for these studies, samples or analyses. The complaint invoked sections *783 403.111, 688.002, 812.081 and 815.045, Florida Statutes (2000)....

...tted to DEP" was "trade secret information under the definition of `trade secret' in § 812.081, Florida Statutes, and that such documents are confidential and exempt from the public disclosure mandate of § 119.07(1) pursuant to the exemptions in §§ 815.04(3) and 815.045, Florida Statutes." On cross-appeal, Griffin contends that not a single one even of the documents marked confidential when furnished to DEP qualifies as a trade secret exempt from disclosure as public records....

...ith the department, unless such materials fall within a legislatively created exemption to Ch. 119, F.S." Op. Att'y Gen. Fla. 90-104, at 323 (1990). See also Ops. Att'y Gen. Fla. 95-58, at 179-80 (1995) & 80-31, at 79 (1980). What is now codified as section 815.045, Florida Statutes (2002), was originally codified as section 119.165, Florida Statutes (Supp.1994), as part of the Public Records Law. While Section 815.045, Florida Statutes (2001), reads more like a statement of legislative intent than a conventionally phrased provision of positive law, it makes its intended effect clear, in providing: The Legislature finds that it is a public necessity that trade secret information as defined in s. 812.081, and as provided for in s. 815.04(3), be expressly made confidential and exempt from the public records law because it is a felony to disclose such records....

...Also militating in favor of a broader view of the exemption's reach is the provision's separate reference to section 812.081, a reference which would be superfluous if the exemption were intended to apply only to computer data, programs or supporting documentation exempted by section 815.04(3)(a). Section 815.04(3)(a), Florida Statutes (2001), on which the order under review also relies, provides: Data, programs, or supporting documentation which is a trade secret as defined in s....

...is held by an agency as defined in chapter 119 is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Id. Defining trade secrets by reference to section 812.081(1)(c), Florida Statutes (2001), section 815.04(3)(a) plainly covers electronic mail....

...Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee. RYDER, Acting Chief Judge. Mitchell Scott Newberger was convicted of the crimes of modifying intellectual property and making a false statement to obtain a credit card. On appeal, he argues that section 815.04, Florida Statutes (1991), which criminalizes modification of intellectual property, is unconstitutional. He also asserts that the evidence was insufficient to support his convictions for both offenses. We hold that section 815.04 is constitutional, and affirm on that point....

...When the "nine" procedure was used, the system created a record of the use. Maas Brothers authorized the analysts to "nine" the system in certain situations, none of which are applicable here. The state charged Newberger with two counts of violating section 815.04 based on his use of the nine key in opening two accounts, and a third count as a principal based on another analyst's use of the nine key....

...(4)(b) If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 815.04, Fla....

...ines "modify" as "to change the form or properties of for a definite purpose." These words are not archaic or obscure. We believe they have a common meaning and that an ordinary person would know what acts the statute forbids. We therefore hold that section 815.04, Florida Statutes (1991), is not unconstitutionally vague....

...ification to the system to bring him within the ambit of the statute. It further contends that "[e]very keystroke that [Newberger] entered into the computer in the processing of a credit application changed the data in the computer." The state reads section 815.04 too broadly....

...dissenting) (an employee who exceeds his authorized access to a computer should not be subject to criminal sanctions under section 815.06). We do hold that the evidence at trial did not support his convictions for the three counts charging modification of intellectual property under section 815.04....

of chapter 94-100, the Legislature amended section 815.04, Florida Statutes, to create a public records

...The State appeals an Order Granting Motion for Judgment of Acquittal After a Jury Verdict. The State argues that Appellee's alleged act of deleting computer files from her former employer's computer system constituted the destruction of data pursuant to section 815.04(2), Florida Statutes, which provides that "[w]hoever willfully, knowingly, and without authorization destroys data ......

...commits an offense against intellectual property." The trial court rejected this argument, concluding instead that because the employer was able to retrieve the files from its hard drives, there was no evidence that Appellee destroyed data as required for a conviction of section 815.04(2)....

department are not exempt from disclosure under section 815.04(3), Florida Statutes, merely because they are

(Emphasis added). The offense is a felony. See id. § 815.04(4)(b). This statute addresses what is colloquially

section 815.06. Count two charges a violation of section 815.04(3)(b) of the Florida Statutes which states