CUBIC TRANSPORTATION SYSTEMS INC v. MIAMI DADE COUNTY USA (2005)

The trial court's factual determination that Cubic Transportation Systems, Inc., failed adequately to protect an alleged trade secrets claim from the effect of the Public Records Act by taking “efforts that are reasonable under the circumstances to maintain its secrecy[,]” § 688.002(4)(b), Fla. Stat. (2004);  § 812.081(1)(c), Fla. Stat. (2004);  Sepro Corp. v. Fla. Dep't of Envtl. Prot., 839 So.2d 781, 783-84 (Fla. 1st DCA 2003), is well supported by the evidence.   It shows, among other things, that, although it did so in other instances, Cubic failed to mark the documents now in question as “confidential,” and continued to supply them, without asserting even a (legally ineffectual) post-delivery claim to confidentiality for some thirty days after it had once attempted to do so by so informing County staff.   See Sepro Corp., 839 So.2d at 784 (“The trade secret owner who fails to label a trade secret as such, or otherwise to specify in writing upon delivery to a state agency that information which it contends is confidential and exempt under the public records law is not to be disclosed, has not taken measures or made efforts that are reasonable under the circumstances to maintain the information's secrecy.   As a practical-and therefore as a legal-matter, a conversation with a state employee is not enough to prevent the information being made available to anybody who makes a public records request.”)(emphasis added).   On this basis, and without reaching any of the other issues presented, including the existence and scope of a generalized trade secrets exception to section 119.07, Florida Statutes (2004), the order under review compelling production is

Affirmed.

SCHWARTZ, Senior Judge.