Bill Text: FL S1378 | 2021 | Regular Session | Comm Sub
Bill Title: Corporate Espionage
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see HB 1523 (Ch. 2021-75) [S1378 Detail]
Download: Florida-2021-S1378-Comm_Sub.html
Florida Senate - 2021 CS for SB 1378
By the Committee on Judiciary; and Senator Bradley
590-02871-21 20211378c1
1 A bill to be entitled
2 An act relating to corporate espionage; providing a
3 short title; amending s. 812.081, F.S.; revising
4 definitions; prohibiting theft of a trade secret;
5 prohibiting trafficking in trade secrets; providing
6 criminal penalties; reclassifying the criminal penalty
7 and increasing the offense severity ranking for an
8 offense committed with specified intent; requiring a
9 court to order specified restitution for a violation;
10 providing for civil actions for violations; providing
11 an exception to criminal and civil liability for
12 certain disclosures; amending s. 921.0022, F.S.;
13 conforming provisions to changes made by the act;
14 ranking the severity of offenses; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. This act may be cited as the “Combating
20 Corporate Espionage in Florida Act.”
21 Section 2. Section 812.081, Florida Statutes, is amended to
22 read:
23 812.081 Theft of or trafficking in trade secrets; theft,
24 embezzlement; unlawful copying; definitions; penalties;
25 providing to foreign entities; restitution penalty.—
26 (1) As used in this section, the term:
27 (a) “Endeavor” means to attempt or to try.
28 (b) “Foreign agent” means any officer, employee, proxy,
29 servant, delegate, or representative of a foreign government.
30 (c) “Foreign instrumentality” means any agency, bureau,
31 ministry, component, institution, association, or any legal,
32 commercial, or business organization, corporation, firm, or
33 entity that is substantially owned, controlled, sponsored,
34 commanded, managed, or dominated by a foreign government.
35 (d) “Obtain or use” has the same meaning as provided in s.
36 812.012(3).
37 (e) “Person” means a natural person, corporation, business
38 trust, estate, trust, partnership, association, joint venture,
39 government, governmental subdivision or agency, or any other
40 legal or commercial entity.
41 (a) “Article” means any object, device, machine, material,
42 substance, or composition of matter, or any mixture or copy
43 thereof, whether in whole or in part, including any complete or
44 partial writing, record, recording, drawing, sample, specimen,
45 prototype model, photograph, microorganism, blueprint, map, or
46 copy thereof.
47 (b) “Representing” means completely or partially
48 describing, depicting, embodying, containing, constituting,
49 reflecting, or recording.
50 (f)(c) “Trade secret” means the whole or any portion or
51 phase of any formula, pattern, device, combination of devices,
52 or compilation of information which is for use, or is used, in
53 the operation of a business and which provides the business an
54 advantage, or an opportunity to obtain an advantage, over those
55 who do not know or use it. The term includes any scientific,
56 technical, or commercial information, including financial
57 information, and includes any design, process, procedure, list
58 of suppliers, list of customers, business code, or improvement
59 thereof, whether tangible or intangible, and regardless of
60 whether or how it is stored, compiled, or memorialized
61 physically, electronically, graphically, photographically, or in
62 writing. Irrespective of novelty, invention, patentability, the
63 state of the prior art, and the level of skill in the business,
64 art, or field to which the subject matter pertains, a trade
65 secret is considered to be:
66 1. Secret;
67 2. Of value;
68 3. For use or in use by the business; and
69 4. Of advantage to the business, or providing an
70 opportunity to obtain an advantage, over those who do not know
71 or use it
72
73 when the owner thereof takes measures to prevent it from
74 becoming available to persons other than those selected by the
75 owner to have access thereto for limited purposes.
76 (g) “Traffic” has the same meaning as provided in s.
77 812.012(8).
78 (d) “Copy” means any facsimile, replica, photograph, or
79 other reproduction in whole or in part of an article and any
80 note, drawing, or sketch made of or from an article or part or
81 portion thereof.
82 (2) It is unlawful for a Any person to willfully and
83 without authorization obtain or use, or to endeavor to obtain or
84 use, a trade secret who, with the intent to either temporarily
85 or permanently:
86 (a) Deprive or withhold from the owner thereof the control
87 or benefit of a trade secret;, or with an intent to
88 (b) Appropriate a trade secret to his or her own use or to
89 the use of another person not entitled to the trade secret.,
90 steals or embezzles an article representing a trade secret or
91 without authority makes or causes to be made a copy of an
92 article representing a trade secret
93
94 A person who violates this subsection commits theft of a trade
95 secret, a felony of the third degree, punishable as provided in
96 s. 775.082, or s. 775.083, or s. 775.084.
97 (3) A person who traffics in, or endeavors to traffic in, a
98 trade secret that he or she knows or should know was obtained or
99 used without authorization commits trafficking in trade secrets,
100 a felony of the second degree, punishable as provided in s.
101 775.082, s. 775.083, or s. 775.084.
102 (4) Whenever a person is charged with a violation of this
103 section which was committed with the intent to benefit a foreign
104 government, a foreign agent, or a foreign instrumentality, the
105 offense for which the person is charged shall be reclassified as
106 follows:
107 (a) In the case of theft of a trade secret, from a felony
108 of the third degree to felony of the second degree.
109 (b) In the case of trafficking in trade secrets, from a
110 felony of the second degree to a felony of the first degree.
111
112 For purposes of sentencing under chapter 921 and determining
113 incentive gain-time eligibility under chapter 944, a felony
114 offense that is reclassified under this subsection is ranked one
115 level above the ranking under s. 921.0022 of the offense
116 committed.
117 (5) A court shall order a person convicted of violating
118 this section to pay restitution, which shall include the value
119 of the benefit derived from the offense, including any expenses
120 for research and design and other costs of reproducing the trade
121 secret that the person has avoided by committing the offense.
122 (6) In a prosecution for a violation of this section, the
123 fact that the person so charged returned or intended to return
124 the unlawfully obtained or used trade secret article so stolen,
125 embezzled, or copied is not a defense.
126 (7) A person who owns a trade secret that is unlawfully
127 obtained or used may bring a civil action to enjoin the
128 continued improper use of such trade secret, and a court may
129 require affirmative actions to protect the trade secret. When
130 exceptional circumstances render an injunction inequitable, the
131 court may condition future use of the trade secret on the
132 payment of a reasonable royalty for no longer than the period of
133 time for which such use could have been prohibited.
134 (8) A person may not be held criminally or civilly liable
135 under this section for the disclosure of a trade secret when
136 such disclosure is:
137 (a) Made confidentially to an attorney, a law enforcement
138 officer, or any other federal, state, or local government
139 official for the purpose of reporting or investigating a
140 suspected violation of law; or
141 (b) Made in a complaint or other document filed under seal
142 in a lawsuit or other proceeding.
143 Section 3. Paragraphs (a), (c), and (e) of subsection (3)
144 of section 921.0022, Florida Statutes, are amended to read:
145 921.0022 Criminal Punishment Code; offense severity ranking
146 chart.—
147 (3) OFFENSE SEVERITY RANKING CHART
148 (a) LEVEL 1
149
150 FloridaStatute FelonyDegree Description
151 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
152 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
153 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
154 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
155 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
156 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
157 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
158 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
159 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
160 322.212(5)(a) 3rd False application for driver license or identification card.
161 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
162 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
163 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
164 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
165 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
166 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
167 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
168 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
169 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
170 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
171 826.01 3rd Bigamy.
172 828.122(3) 3rd Fighting or baiting animals.
173 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
174 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
175 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
176 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
177 838.15(2) 3rd Commercial bribe receiving.
178 838.16 3rd Commercial bribery.
179 843.18 3rd Fleeing by boat to elude a law enforcement officer.
180 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
181 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
182 849.23 3rd Gambling-related machines; “common offender” as to property rights.
183 849.25(2) 3rd Engaging in bookmaking.
184 860.08 3rd Interfere with a railroad signal.
185 860.13(1)(a) 3rd Operate aircraft while under the influence.
186 893.13(2)(a)2. 3rd Purchase of cannabis.
187 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
188 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
189 (c) LEVEL 3
190
191 FloridaStatute FelonyDegree Description
192 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
193 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
194 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
195 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
196 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
197 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
198 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
199 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
200 327.35(2)(b) 3rd Felony BUI.
201 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
202 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
203 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
204 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
205 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
206 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
207 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
208 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
209 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
210 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
211 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
212 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
213 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
214 697.08 3rd Equity skimming.
215 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
216 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
217 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
218 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
219 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
220 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
221 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
222 812.081(2) 3rd Theft of a trade secret.
223 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
224 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
225 817.233 3rd Burning to defraud insurer.
226 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
227 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
228 817.236 3rd Filing a false motor vehicle insurance application.
229 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
230 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
231 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
232 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
233 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
234 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
235 860.15(3) 3rd Overcharging for repairs and parts.
236 870.01(2) 3rd Riot; inciting or encouraging.
237 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
238 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
239 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
240 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
241 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
242 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
243 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
244 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
245 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
246 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
247 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
248 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
249 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
250 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
251 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
252 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
253 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
254 (e) LEVEL 5
255
256 FloridaStatute FelonyDegree Description
257 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
258 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
259 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
260 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
261 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
262 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
263 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
264 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
265 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
266 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
267 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
268 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
269 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
270 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
271 790.01(2) 3rd Carrying a concealed firearm.
272 790.162 2nd Threat to throw or discharge destructive device.
273 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
274 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
275 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
276 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
277 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
278 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
279 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
280 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
281 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
282 812.019(1) 2nd Stolen property; dealing in or trafficking in.
283 812.081(3) 2nd Trafficking in trade secrets.
284 812.131(2)(b) 3rd Robbery by sudden snatching.
285 812.16(2) 3rd Owning, operating, or conducting a chop shop.
286 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
287 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
288 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
289 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
290 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
291 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
292 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
293 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
294 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
295 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
296 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
297 843.01 3rd Resist officer with violence to person; resist arrest with violence.
298 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
299 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
300 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
301 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
302 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
303 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
304 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
305 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
306 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
307 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
308 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
309 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
310 Section 4. This act shall take effect October 1, 2021.
