Florida Statute 815.045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 815
COMPUTER-RELATED CRIMES

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F.S. 815.045

815.045 Trade secret information.—The Legislature finds that it is a public necessity that trade secret information as defined in s. 812.081 be expressly made confidential and exempt from the public records law because it is a felony to disclose such records. Due to the legal uncertainty as to whether a public employee would be protected from a felony conviction if otherwise complying with chapter 119, and with s. 24(a), Art. I of the State Constitution, it is imperative that a public records exemption be created. The Legislature in making disclosure of trade secrets a crime has clearly established the importance attached to trade secret protection. Disclosing trade secrets in an agency’s possession would negatively impact the business interests of those providing an agency such trade secrets by damaging them in the marketplace, and those entities and individuals disclosing such trade secrets would hesitate to cooperate with that agency, which would impair the effective and efficient administration of governmental functions. Thus, the public and private harm in disclosing trade secrets significantly outweighs any public benefit derived from disclosure, and the public’s ability to scrutinize and monitor agency action is not diminished by nondisclosure of trade secrets.

History.—s. 2, ch. 94-100; s. 41, ch. 2022-5.

Note.—Former s. 119.165.

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Amendments to 815.045

Arrestable Offenses / Crimes under Fla. Stat. 815.045

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 815.045.

Annotations, Discussions, Cases:

Cases Citing Statute 815.045

Total Results: 9

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

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

Snippet: “trade secret” exemption contained in section 815.045, Florida Statutes (2016). This appeal follows.

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: section 815.045, Florida Statutes, which protects trade secrets from disclosure. Section 815.045, establishes

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: from disclosure as public records under section 815.045, Florida Statutes (2015). The Department reviewed

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: trade secrets from the public records law. See § 815.045, Fla. Stat. According to the statute, this is because

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: disclosure as public records, pursuant to section 815.045, Florida Statutes (2009), even though now in the

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, 2010 WL 478289

Snippet: because it is a felony to disclose such records." § 815.045, Fla. Stat. (2007). In this same provision, the

Ago

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

Snippet: Environmental Protection, 4 has concluded that section 815.045, Florida Statutes, 5 "should be read to exempt

NOS Communications, Inc. v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-10-31

Citation: 858 So. 2d 362, 2003 Fla. App. LEXIS 16540, 2003 WL 22459574

Snippet: exempt from the Public Records Act under section 815.045, Florida Statutes. Had this argument been raised

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