Florida Statute 815.45 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 815.045

Total Results: 9

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

80-31, at 79 (1980). What is now codified as section 815.045, Florida Statutes (2002), was originally codified

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

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

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

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

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

District Court of Appeal of Florida | Filed: Jul 29, 2020 | Docket: 17391447

Published

the “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

268 So. 3d 856

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

Published

exemption to the public records law under section 815.045, Florida Statutes, which protects trade secrets

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

exempt 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

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

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

Ago

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

Published

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

NOS Communications, Inc. v. State

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

District Court of Appeal of Florida | Filed: Oct 31, 2003 | Docket: 64826211

Published

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