688.002
Definitions. ---
As used in ss. 688.001-688.009, unless the context
requires otherwise:
(1) "Improper means" includes theft, bribery,
misrepresentation, breach or inducement of a breach of a duty to
maintain secrecy, or espionage through electronic or other
means.
(2) "Misappropriation" means:
(a) Acquisition of a trade secret of another by a person
who knows or has reason to know that the trade secret was acquired
by improper means; or
(b) Disclosure or use of a trade secret of another without
express or implied consent by a person who:
1. Used improper means to acquire knowledge of the trade
secret; or
2. At the time of disclosure or use, knew or had reason
to know that his knowledge of the trade secret was:
a. Derived from or through a person who had utilized
improper means to acquire it;
b. Acquired under circumstances giving rise to a duty to
maintain its secrecy or limit its use; or
c. Derived from or through a person who owed a duty to
the person seeking relief to maintain its secrecy or limit its use;
or
3. Before a material change of his position, knew or had
reason to know that it was a trade secret and that knowledge of it
had been acquired by accident or mistake.
(3) "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.
(4) "Trade secret" means information, including a
formula, pattern, compilation, program, device, method, technique,
or process that:
(a) Derives independent economic value, actual or
potential, from not being generally known to, and not being readily
ascertainable by proper means by, other persons who can obtain
economic value from its disclosure or use; and
(b) Is the subject of efforts that are reasonable under
the circumstances to maintain its
secrecy.
History: s. 2, ch. 88-254.