Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1378
Ì268992XÎ268992
LEGISLATIVE ACTION
Senate . House
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The Committee on Judiciary (Bradley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Combating
6 Corporate Espionage in Florida Act.”
7 Section 2. Section 812.081, Florida Statutes, is amended to
8 read:
9 812.081 Theft of or trafficking in trade secrets; theft,
10 embezzlement; unlawful copying; definitions; penalties;
11 providing to foreign entities; restitution penalty.—
12 (1) As used in this section, the term:
13 (a) “Endeavor” means to attempt or to try.
14 (b) “Foreign agent” means any officer, employee, proxy,
15 servant, delegate, or representative of a foreign government.
16 (c) “Foreign instrumentality” means any agency, bureau,
17 ministry, component, institution, association, or any legal,
18 commercial, or business organization, corporation, firm, or
19 entity that is substantially owned, controlled, sponsored,
20 commanded, managed, or dominated by a foreign government.
21 (d) “Obtain or use” has the same meaning as provided in s.
22 812.012(3).
23 (e) “Person” means a natural person, corporation, business
24 trust, estate, trust, partnership, association, joint venture,
25 government, governmental subdivision or agency, or any other
26 legal or commercial entity.
27 (a) “Article” means any object, device, machine, material,
28 substance, or composition of matter, or any mixture or copy
29 thereof, whether in whole or in part, including any complete or
30 partial writing, record, recording, drawing, sample, specimen,
31 prototype model, photograph, microorganism, blueprint, map, or
32 copy thereof.
33 (b) “Representing” means completely or partially
34 describing, depicting, embodying, containing, constituting,
35 reflecting, or recording.
36 (f)(c) “Trade secret” means the whole or any portion or
37 phase of any formula, pattern, device, combination of devices,
38 or compilation of information which is for use, or is used, in
39 the operation of a business and which provides the business an
40 advantage, or an opportunity to obtain an advantage, over those
41 who do not know or use it. The term includes any scientific,
42 technical, or commercial information, including financial
43 information, and includes any design, process, procedure, list
44 of suppliers, list of customers, business code, or improvement
45 thereof, whether tangible or intangible, and regardless of
46 whether or how it is stored, compiled, or memorialized
47 physically, electronically, graphically, photographically, or in
48 writing. Irrespective of novelty, invention, patentability, the
49 state of the prior art, and the level of skill in the business,
50 art, or field to which the subject matter pertains, a trade
51 secret is considered to be:
52 1. Secret;
53 2. Of value;
54 3. For use or in use by the business; and
55 4. Of advantage to the business, or providing an
56 opportunity to obtain an advantage, over those who do not know
57 or use it
58
59 when the owner thereof takes measures to prevent it from
60 becoming available to persons other than those selected by the
61 owner to have access thereto for limited purposes.
62 (g) “Traffic” has the same meaning as provided in s.
63 812.012(8).
64 (d) “Copy” means any facsimile, replica, photograph, or
65 other reproduction in whole or in part of an article and any
66 note, drawing, or sketch made of or from an article or part or
67 portion thereof.
68 (2) It is unlawful for a Any person to willfully and
69 without authorization obtain or use, or to endeavor to obtain or
70 use, a trade secret who, with the intent to either temporarily
71 or permanently:
72 (a) Deprive or withhold from the owner thereof the control
73 or benefit of a trade secret;, or with an intent to
74 (b) Appropriate a trade secret to his or her own use or to
75 the use of another person not entitled to the trade secret.,
76 steals or embezzles an article representing a trade secret or
77 without authority makes or causes to be made a copy of an
78 article representing a trade secret
79
80 A person who violates this subsection commits theft of a trade
81 secret, a felony of the third degree, punishable as provided in
82 s. 775.082, or s. 775.083, or s. 775.084.
83 (3) A person who traffics in, or endeavors to traffic in, a
84 trade secret that he or she knows or should know was obtained or
85 used without authorization commits trafficking in trade secrets,
86 a felony of the second degree, punishable as provided in s.
87 775.082, s. 775.083, or s. 775.084.
88 (4) Whenever a person is charged with a violation of this
89 section which was committed with the intent to benefit a foreign
90 government, a foreign agent, or a foreign instrumentality, the
91 offense for which the person is charged shall be reclassified as
92 follows:
93 (a) In the case of theft of a trade secret, from a felony
94 of the third degree to felony of the second degree.
95 (b) In the case of trafficking in trade secrets, from a
96 felony of the second degree to a felony of the first degree.
97
98 For purposes of sentencing under chapter 921 and determining
99 incentive gain-time eligibility under chapter 944, a felony
100 offense that is reclassified under this subsection is ranked one
101 level above the ranking under s. 921.0022 of the offense
102 committed.
103 (5) A court shall order a person convicted of violating
104 this section to pay restitution, which shall include the value
105 of the benefit derived from the offense, including any expenses
106 for research and design and other costs of reproducing the trade
107 secret that the person has avoided by committing the offense.
108 (6) In a prosecution for a violation of this section, the
109 fact that the person so charged returned or intended to return
110 the unlawfully obtained or used trade secret article so stolen,
111 embezzled, or copied is not a defense.
112 (7) A person who owns a trade secret that is unlawfully
113 obtained or used may bring a civil action to enjoin the
114 continued improper use of such trade secret, and a court may
115 require affirmative actions to protect the trade secret. When
116 exceptional circumstances render an injunction inequitable, the
117 court may condition future use of the trade secret on the
118 payment of a reasonable royalty for no longer than the period of
119 time for which such use could have been prohibited.
120 (8) A person may not be held criminally or civilly liable
121 under this section for the disclosure of a trade secret when
122 such disclosure is:
123 (a) Made confidentially to an attorney, a law enforcement
124 officer, or any other federal, state, or local government
125 official for the purpose of reporting or investigating a
126 suspected violation of law; or
127 (b) Made in a complaint or other document filed under seal
128 in a lawsuit or other proceeding.
129 Section 3. Paragraphs (a), (c), and (e) of subsection (3)
130 of section 921.0022, Florida Statutes, are amended to read:
131 921.0022 Criminal Punishment Code; offense severity ranking
132 chart.—
133 (3) OFFENSE SEVERITY RANKING CHART
134 (a) LEVEL 1
135
136 FloridaStatute FelonyDegree Description
137 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
138 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
139 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
140 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
141 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
142 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
143 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
144 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
145 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
146 322.212(5)(a) 3rd False application for driver license or identification card.
147 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
148 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
149 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
150 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
151 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
152 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
153 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
154 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
155 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
156 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
157 826.01 3rd Bigamy.
158 828.122(3) 3rd Fighting or baiting animals.
159 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
160 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
161 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
162 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
163 838.15(2) 3rd Commercial bribe receiving.
164 838.16 3rd Commercial bribery.
165 843.18 3rd Fleeing by boat to elude a law enforcement officer.
166 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
167 849.09(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.
168 849.23 3rd Gambling-related machines; “common offender” as to property rights.
169 849.25(2) 3rd Engaging in bookmaking.
170 860.08 3rd Interfere with a railroad signal.
171 860.13(1)(a) 3rd Operate aircraft while under the influence.
172 893.13(2)(a)2. 3rd Purchase of cannabis.
173 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
174 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
175
176 (c) LEVEL 3
177
178 FloridaStatute FelonyDegree Description
179 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
180 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
181 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
182 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
183 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
184 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
185 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
186 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
187 327.35(2)(b) 3rd Felony BUI.
188 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
189 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
190 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
191 379.2431 (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.
192 379.2431 (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.
193 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
194 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
195 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
196 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
197 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
198 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
199 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
200 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
201 697.08 3rd Equity skimming.
202 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
203 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
204 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
205 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
206 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
207 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
208 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
209 812.081(2) 3rd Theft of a trade secret.
210 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
211 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
212 817.233 3rd Burning to defraud insurer.
213 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
214 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
215 817.236 3rd Filing a false motor vehicle insurance application.
216 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
217 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
218 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
219 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
220 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
221 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
222 860.15(3) 3rd Overcharging for repairs and parts.
223 870.01(2) 3rd Riot; inciting or encouraging.
224 893.13(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).
225 893.13(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.
226 893.13(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.
227 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
228 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
229 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
230 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
231 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
232 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
233 893.13(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.
234 893.13(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.
235 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
236 893.13(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.
237 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
238 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
239 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
240 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
241
242 (e) LEVEL 5
243
244 FloridaStatute FelonyDegree Description
245 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
246 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
247 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
248 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
249 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
250 379.365(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.
251 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
252 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
253 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
254 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
255 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
256 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
257 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
258 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
259 790.01(2) 3rd Carrying a concealed firearm.
260 790.162 2nd Threat to throw or discharge destructive device.
261 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
262 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
263 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
264 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
265 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
266 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
267 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
268 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
269 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
270 812.019(1) 2nd Stolen property; dealing in or trafficking in.
271 812.081(3) 2nd Trafficking in trade secrets.
272 812.131(2)(b) 3rd Robbery by sudden snatching.
273 812.16(2) 3rd Owning, operating, or conducting a chop shop.
274 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
275 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
276 817.2341(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.
277 817.568(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.
278 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
279 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
280 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
281 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
282 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
283 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
284 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
285 843.01 3rd Resist officer with violence to person; resist arrest with violence.
286 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
287 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
288 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
289 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
290 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
291 893.13(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).
292 893.13(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.
293 893.13(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.
294 893.13(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.
295 893.13(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.
296 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
297 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
298
299 Section 4. This act shall take effect October 1, 2021.
300
301 ================= T I T L E A M E N D M E N T ================
302 And the title is amended as follows:
303 Delete everything before the enacting clause
304 and insert:
305 A bill to be entitled
306 An act relating to corporate espionage; providing a
307 short title; amending s. 812.081, F.S.; revising
308 definitions; prohibiting theft of a trade secret;
309 prohibiting trafficking in trade secrets; providing
310 criminal penalties; reclassifying the criminal penalty
311 and increasing the offense severity ranking for an
312 offense committed with specified intent; requiring a
313 court to order specified restitution for a violation;
314 providing for civil actions for violations; providing
315 an exception to criminal and civil liability for
316 certain disclosures; amending s. 921.0022, F.S.;
317 conforming provisions to changes made by the act;
318 ranking the severity of offenses; providing an
319 effective date.