Fla. Std. Jury Instr. (Contract & Bus.) 416.41

(Claimant) claims that [he] [she] [it] had a trade secret and that (defendant) misappropriated that trade secret.

To prove that (claimant) had a trade secret, [he] [she] [it] must prove that:

1. (Claimant) had (insert description of information) that:

a. derived actual or potential independent economic value from not being generally known to other persons who could obtain value from its disclosure or use; and

b. was not readily ascertainable by proper means by other persons.

2. (Claimant) took reasonable steps, under the circumstances, to maintain the secrecy of (insert description of information).

If you find that (claimant) proved that [he] [she] [it] had a trade secret, then (claimant) must further establish that the trade secret was misappropriated by proving that: Select one or more of the following:

a. Acquisition Theory, § 688.002(2)(a) [(Defendant) acquired (claimant’s) trade secret and (defendant) knew or had reason to know the trade secret was acquired through improper means, such as [theft] [bribery] [misrepresentation] [breach of a duty to maintain secrecy] [inducing a breach of duty to maintain secrecy] [espionage through electronic or other means].]

b. Disclosure Theory, § 688.002(2)(b)(1) [(Defendant) disclosed or used (claimant’s) trade secret without [his] [her] [its] [express] [implied] consent and (defendant) used improper means to acquire knowledge of the trade secret, such as [theft] [bribery] [misrepresentation] [breach of a duty to maintain secrecy] [inducing a breach of duty to maintain secrecy] [espionage through electronic or other means].]

c. Disclosure Theory, § 688.002(2)(b)(2)(a) [(Defendant) disclosed or used (claimant’s) trade secret without [his] [her] [its] [express] [implied] consent at a time when (defendant) knew or had reason to know that [his] [her] [its] knowledge of (claimant’s) trade secret came from or through a person who had used improper means to acquire that trade secret, such as [theft] [bribery] [misrepresentation] [breach of a duty to maintain secrecy] [inducing a breach of duty to maintain secrecy] [espionage through electronic or other means].]

d. Disclosure Theory, § 688.002(2)(b)(2)(b) [(Defendant) disclosed or used (claimant’s) trade secret without (claimant’s) [express] [implied] consent at a time when (defendant) knew or had reason to know that [he] [she] [it]acquired the trade secret under circumstances where [he] [she] [it] had a duty to maintain its secrecy or limit its use.]

e. Disclosure Theory, § 688.002(2)(b)(2)(c) [(Defendant) disclosed or used (claimant’s) trade secret without [his] [her] [its] [express] [implied] consent at a time when (defendant) knew or had reason to know that (defendant’s) knowledge of (claimant’s) trade secret was acquired from or through a person who owed a duty to (claimant) to maintain its secrecy or limit its use.]

f. Accident or Mistake Theory, § 688.002(2)(b)(3) [(Defendant) disclosed or used (claimant’s) trade secret without [his] [her] [its] [express] [implied] consent, and before a material change in (defendant’s) position, [he] [she] [it] knew or had reason to know that the information was a trade secret and that knowledge of the trade secret had been acquired by accident or mistake.]