Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 812.081 | Lawyer Caselaw & Research
F.S. 812.081 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 812.081

The 2023 Florida Statutes (including Special Session C)

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 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 from cite.case.law:

MANAGED CARE OF NORTH AMERICA, INC. v. FLORIDA HEALTHY KIDS CORPORATION, 268 So. 3d 856 (Fla. App. Ct. 2019)

. . . Because the trial court erred, as a matter of law, in application of section 812.081(1)(c), Florida Statutes . . . Section 815.045, establishes that it is a public necessity that trade secrets "as defined in s. 812.081 . . . Section 812.081(1)(c), Florida Statutes, defines "trade secret" as: [T]he whole or any portion or phase . . . The trial court fundamentally misapplied section 812.081(1)(c) to require MCNA, as part of its burden . . . Applying the definition of "trade secret" under section 812.081(1)(c), this Court finds the evidence . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 256 So. 3d 1316 (Fla. 2018)

. . . theft - first 812.014(2)(e) 14.1 degree Petit theft - second 812.014(3)(a) 14.1 degree Trade secrets 812.081 . . . theft - first 812.014(2)(e) 14.1 degree Petit theft - second 812.014(3)(a) 14.1 degree Trade secrets 812.081 . . . theft - first degree 812.014(2)(e) 14.1 Petit theft - second 812.014(3)(a) 14.1 degree Trade secrets 812.081 . . .

ST. JOHNS VEIN CENTER, INC. a C- v. STREAMLINEMD LLC, M. G. CVDJBA, LLC,, 347 F. Supp. 3d 1047 (M.D. Fla. 2018)

. . . ANN . § 812.081(1)(c). See also Del Monte Fresh Produce Co. v. . . . ANN . § 812.081(1)(c). . . . ANN. § 812.081(1)(c). . . . ANN . § 812.081(1)(c). . . . Ann . § 812.081. . . .

RASIER- DC, LLC, v. B L SERVICE, INC. a a, 237 So. 3d 374 (Fla. App. Ct. 2018)

. . . fees paid to Broward County do not meet the definition of trade secrets under sections 688.002(4) or 812.081 . . .

SURTERRA FLORIDA, LLC. v. FLORIDA DEPARTMENT OF HEALTH, 223 So. 3d 376 (Fla. Dist. Ct. App. 2017)

. . . particular identities and related information of appellants’ consultants meet the requirements of section 812.081 . . . indicated that portions of their applications contained confidential trade secrets ..pursuant to section 812.081 . . . Section 812.081 (l)(c),, Florida Statutes (2015), defines the term “trade secret” as: [T]he whole or . . . information of appellants investors and partners met the definition of a trade secret under section 812.081 . . . A “list of suppliers” can qualify as a trade secret according to section 812.081(l)(c). . . .

OFFICE OF INSURANCE REGULATION, v. STATE FARM FLORIDA INSURANCE COMPANY,, 213 So. 3d 1104 (Fla. Dist. Ct. App. 2017)

. . . Likewise, section 812.081(c) defines “trade secret” as: [Tjhe whole or any portion or phrase of any formula . . . available to persons other than those selected by the owner to have access thereto for limited purposes. § 812.081 . . .

M. C. DEAN, INC. v. CITY OF MIAMI BEACH, FLORIDA, 199 F. Supp. 3d 1349 (S.D. Fla. 2016)

. . . Protection did not contain information meeting the definition of trade secret under Florida Statutes section 812.081 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 190 So. 3d 614 (Fla. 2016)

. . . theft — first degree 812:014(2)(e) 14.1 Petit theft — second degree 812.014(3)(a) 14.1 Trade secrets 812.081 . . . theft — first degree 812.014(2)(e) 14.1 Petit theft — second degree "8Í2.014(3)(a) 14.1 Trade secrets 812.081 . . . theft — first degree 812.014(2)(e) 14.1 Petit theft — second degree 812.014(3)(a) 14.1 Trade secrets 812.081 . . .

JAMES, HOYER, NEWCOMER, SMILJANICH, YANCHUNIS, P. A. v. RODALE, INC., 41 So. 3d 386 (Fla. Dist. Ct. App. 2010)

. . . Statutes (2009), which exempts from disclosure as public records trade secrets, as defined by section 812.081 . . . available to persons other than those selected by the owner to have access thereto for limited purposes. § 812.081 . . . business an advantage, or an opportunity to obtain an advantage, over those who do not know or use it.” § 812.081 . . . advantage, or an opportunity to obtain an advantage, over those who do not know or use” their contents. § 812.081 . . .

COVENTRY FIRST, LLC, a v. STATE OFFICE OF INSURANCE REGULATION, 30 So. 3d 552 (Fla. Dist. Ct. App. 2010)

. . . See § 812.081(l)(c), Fla. Stat. (2007) (defining “trade secret”). . . .

NAVARRO, v. STATE, 19 So. 3d 1180 (Fla. Dist. Ct. App. 2009)

. . . Section 812.035(10) provides that “a criminal ... action or proceeding under ss. 812.012-812.037 or s. 812.081 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 986 So. 2d 563 (Fla. 2008)

. . . theft — first degree 812.014(2)(e) 14.1 Petit theft — second degree 812.014(3)(a) 14.1 Trade secrets 812.081 . . . theft — first degree 812.014(2)(e) 14.1 Petit theft — second degree 812.014(3)(a) 14.1 Trade secrets 812.081 . . . theft — first degree 812.014(2)(e) 14.1 Petit theft — second degree 812.014(3)(a) 14.1 Trade secrets 812.081 . . .

NATURAL ANSWERS, INC. a A. v. SMITHKLINE BEECHAM CORPORATION, a f. k. a. d. b. a., 529 F.3d 1325 (11th Cir. 2008)

. . . . §§ 771.11, 772.103, 772.194, 812.014 and 812.081; (6) Common Law Trademark Disparagement; (7) Attempted . . .

STATE v. RAMOS,, 975 So. 2d 638 (Fla. Dist. Ct. App. 2008)

. . . any other provision of law, a criminal or civil action or proceeding under ss. 812.012-812.037 or s. 812.081 . . .

NEW LENOX INDUSTRIES, INC. a v. H. FENTON, LLC., 510 F. Supp. 2d 893 (M.D. Fla. 2007)

. . . history of the civil theft statute discloses that prior to its amendment in 1999, § 772.11 included § 812.081 . . . enumerated crimes “any violation of §§ . 812.012-812.037 or § 825.103(1)” but it does not expressly list § 812.081 . . . Plaintiff correctly points out that although § 812.081 is not included in the current version of the . . . Stat. § 812.081. . Fla. Stat. § 772.11 (1988). . Id. . Fla. Stat. § 812.014(1)(a)-(b). . See, e.g. . . .

RAYMOND JAMES ASSOCIATES, INC. v. LEONARD COMPANY,, 411 F. Supp. 2d 689 (E.D. Mich. 2006)

. . . . § 812.081(l)(c). . . .

CUBIC TRANSPORTATION SYSTEMS, INC. v. MIAMI- DADE COUNTY De P. A. USA,, 899 So. 2d 453 (Fla. Dist. Ct. App. 2005)

. . . Stat. (2004); § 812.081(1)(c), Fla. Stat. (2004); Sepro Corp. v. Fla. Dep’t of Envtl. . . .

STATE v. TELESZ,, 873 So. 2d 1236 (Fla. Dist. Ct. App. 2004)

. . . notwithstanding any other provision of law,” a criminal proceeding under sections 812.012-812.037 or section 812.081 . . .

SEPRO CORPORATION, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, L. L. C., 839 So. 2d 781 (Fla. Dist. Ct. App. 2003)

. . . The complaint invoked sections 403.111, 688.002, 812.081 and 815.045, Florida Statutes (2000). . . . See §§ 688.002(4)(b) & 812.081(l)(c), Fla. Stat. (2002). . . . Section 812.081(l)(c), Florida Statutes (2002), broadly defines trade secrets as encompassing the whole . . . The Legislature finds that it is a public necessity that trade secret information as defined in s. 812.081 . . . Defining trade secrets by reference to section 812.081 (l)(c), Florida Statutes (2001), section 815.04 . . .

HEDDON, v. STATE, 786 So. 2d 1262 (Fla. Dist. Ct. App. 2001)

. . . The State began investigating Heddon for a violation of section 812.081, Florida Statutes (1999). . . . A trade secret includes a list of customers. § 812.081(l)(c), Fla. Stat. (1999). . . . be made a copy of an article representing a trade secret is guilty of a felony of the third degree § 812.081 . . .

BOOKSMART ENTERPRISES, INC. v. BARNES NOBLE COLLEGE BOOKSTORES, INC., 718 So. 2d 227 (Fla. Dist. Ct. App. 1998)

. . . completed forms are exempt from disclosure as trade secrets (business "compilations”) pursuant to section 812.081 . . .

STATE v. R. HAMPTON,, 692 So. 2d 278 (Fla. Dist. Ct. App. 1997)

. . . any other provision of law, a criminal or civil action or proceeding under ss. 812.012-812.037 or s. 812.081 . . .

ESCUDERO, v. HASBUN,, 689 So. 2d 1144 (Fla. Dist. Ct. App. 1997)

. . . for the rights of innocent persons, enjoin violations of the provisions of ss. 812.012-812.037 or s. 812.081 . . .

D. CLARK, v. STATE, 670 So. 2d 1056 (Fla. Dist. Ct. App. 1996)

. . . specific information sheets were “trade secrets” taken with the “intent to deprive” as required in section 812.081 . . . emphasize that similar documents could be in the nature of a “list of customers,” as discussed in section 812.081 . . . Noel Clark appeals from his conviction for theft of trade secrets in violation of section 812.081, Florida . . . reverse Clark’s conviction is whether the “information sheets” are protected materials under section 812.081 . . . , Florida Statutes (1993), which provides in pertinent part: 812.081 Trade secrets; theft, embezzlement . . .

COULTER CORPORATION, v. LEINERT,, 869 F. Supp. 732 (E.D. Mo. 1994)

. . . Ch. 812.081(1)(c) (Florida's civil theft statute’s definition of a trade secret) with Fla.Stat. . . .

BOARD OF REGENTS OF STATE OF FLORIDA, By UNIVERSITY OF SOUTH FLORIDA, v. TABORSKY,, 648 So. 2d 748 (Fla. Dist. Ct. App. 1994)

. . . )(b), Florida Statutes (1987), in one count of second degree grand theft and with violating section 812.081 . . . specifically, the trade secrets represented by the notebooks belonging to USF, all in violation of Section 812.081 . . . result of the foregoing, USF has been injured by reason of violations of Sections 812.012, 812.014, and 812.081 . . .

MERRILL LYNCH, PIERCE, FENNER SMITH, INC. v. HAGERTY,, 808 F. Supp. 1555 (S.D. Fla. 1992)

. . . Florida Statute § 812.081 defines trade secret as any ... list of customers ... which is secret; of value . . . available to persons other than those selected by the owner to have access thereto for a limited purpose. § 812.081 . . . confidentiality, see Affidavit of Aleks Acimovic, the Court finds that the list is a trade secret as defined in § 812.081 . . . See, e.g., Fla.Stat. §§ 542.33, 608.001, 812.081. . . .

In E. KEENE J. JOHNSON v. E. KEENE J., 135 B.R. 162 (Bankr. S.D. Fla. 1991)

. . . injured in any fashion by reason of any violation of the provisions of §§ 812.012-812.037 or section 812.081 . . .

AAGAARD- JUERGENSEN, INC. v. LETTELIER,, 579 So. 2d 404 (Fla. Dist. Ct. App. 1991)

. . . is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 or s. 812.081 . . .

TOBIN THOMSON, P. A. v. GOLAN,, 568 So. 2d 100 (Fla. Dist. Ct. App. 1990)

. . . .-012-812.037 or s. 812.081 by issuing appropriate orders and judgments, including, but not limited to . . .

R. POTUCEK, ARCO a v. L. TAYLOR, Co. a R. E., 738 F. Supp. 466 (M.D. Fla. 1990)

. . . Fourtek, Inc., 790 F.2d 1195 (5th Cir.1986); See also Florida Statutes § 812.081 (1989). . . .

SPRINGS, v. STATE, 553 So. 2d 279 (Fla. Dist. Ct. App. 1989)

. . . .” § 812.081, Fla.Stat. (1985). Victim injury is causally related to the use of force or violence. . . .

WARREN, v. MONAHAN BEACHES JEWELRY CENTER, INC., 548 So. 2d 870 (Fla. Dist. Ct. App. 1989)

. . . provided: Any person who is injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 812.081 . . .

RUSSO v. HEIL CONSTRUCTION, INC., 549 So. 2d 676 (Fla. Dist. Ct. App. 1989)

. . . who is injured in any fashion by reason of any violation of the provisions of ss. 812.012, 812.037 or 812.081 . . .

FLORIDA SOCIETY OF NEWSPAPER EDITORS, INC. v. FLORIDA PUBLIC SERVICE COMMISSION AT T GTE, 543 So. 2d 1262 (Fla. Dist. Ct. App. 1989)

. . . "Trade secret" is defined in section 812.081, Florida Statutes (1987), as any compilation of information . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . State, 313 So.2d 729 (Fla.1975) Trade secrets — 812.081 Grand theft — Second degree 812.014(2)(b) None . . . is alleged grand theft — third degree 812.-014(2)(c) petit theft — 812.-014(2)(e)(d) Trade secrets — 812.081 . . . third degree 812.014(2)(c) None If value is alleged Petit theft — 812.014(2)(c)(d) Trade secrets — 812.081 . . .

In SPRINGER, WORLD WIDE BEARING AND AUTOMOTIVE PARTS, INC. d b a J B v. SPRINGER,, 85 B.R. 634 (Bankr. S.D. Fla. 1988)

. . . Circuit in and for Dade County, Florida, seeking damages and injunctive relief pursuant to Section 812.081 . . . claim of a specific crime or even a violation of the Statute — specifically Florida Statute Section 812.081 . . . Thus the question that must be answered is whether the individual Defendants’ violation of Section 812.081 . . . An examination of § 812.081, F.S. (1985) makes it clear that a violation of said Statute requires the . . . Specifically, § 812.081(2), F.S., provides in pertinent part that: Any person who, with intent to deprive . . .

ROSENTHAL TOYOTA, INC. v. M. THORPE, a M. F., 824 F.2d 897 (11th Cir. 1987)

. . . who is injured in any fashion by reason of any violation of the provisions of §§ 812.012-812.037 or § 812.081 . . . been injured in any fashion by reason of any violation of the provisions of §§ 812.012-812.037 or § 812.081 . . .

HARRY G. BLACKSTONE, D. O. P. A. G. v. DADE CITY OSTEOPATHIC CLINIC, M. D. O. P. A., 511 So. 2d 1050 (Fla. Dist. Ct. App. 1987)

. . . list of names of clients and customers of OLIVA from the offices of OLIVA” in violation of section 812.081 . . .

TOURISMART OF AMERICA, INC. v. GONZALEZ,, 498 So. 2d 469 (Fla. Dist. Ct. App. 1986)

. . . .-012-.037 or section 812.081. . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. GORMAN, 18 Fla. Supp. 2d 261 (Fla. Div. Admin. Hearings 1986)

. . . violating Sections 790.17, 790.18, 790.24, 790.27, 796.06, 796.07, 800.02, 800.03, 812.014(2)(c), 812.016, 812.081 . . .

ROSEN, v. MARLIN,, 486 So. 2d 623 (Fla. Dist. Ct. App. 1986)

. . . is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 or s. 812.081 . . .

UNITED STATES v. PAYNER,, 434 F. Supp. 113 (N.D. Ohio 1977)

. . . . § 812.081 criminalizing the unauthorized appropriation of trade secrets such as secret “lists of customers . . . See, § 812.081(1)(c), (3). . . . Section 812.081 carries a different penalty than a larceny violation under Section 812.021(1)(a). . . . See, Sections 812.081(2), 775.082(4)(a), 775.083(1)(d) and contrast those provisions with the punishment . . .