237 So. 3d 374
Fla. Dist. Ct. App.2018Background
- Uber (Rasier-DC, LLC) had a license with Broward County requiring monthly self-reports and obligating the County to assert confidentiality for Uber trade secrets.
- Uber’s monthly reports included aggregate data (total pickups and fees owed to the County) and granular data (individual trip timestamps, lat/long, and first three characters of driver plates).
- Yellow Cab requested all reports reflecting Uber pick-ups at the airport and the sums paid to the County; the County produced redacted reports and withheld items Uber marked as trade secrets.
- Yellow Cab sued the County under Florida’s Public Records Act seeking unredacted reports; Uber intervened as the real party in interest asserting trade-secret protection.
- The trial court initially found the reports protected, then after rehearing and in camera review ruled the aggregate number of pickups and total fees were not trade secrets and ordered production of those non-exempt portions; granular location/time/plate data remained protected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in granting rehearing and ordering production of redacted reports | Yellow Cab argued it was entitled to the requested records (initially sought entire reports; emphasized interest in totals/fees) | Uber argued the court erred in rehearing and that the reports (including totals) were trade secrets exempt from disclosure | No abuse: rehearing and production were proper after in camera review; court ordered non-exempt aggregate data produced |
| Whether aggregate pickups and total fees constitute trade secrets exempt from disclosure | Yellow Cab contended totals/fees are public and not protected trade secrets | Uber contended all report contents (including aggregates) are trade secret information under Fla. law and the license agreement | Aggregate number of pickups and totals paid to the County are not trade secrets and must be disclosed; granular trip-level data (times, lat/long, partial plates) are protected |
Key Cases Cited
- Christy v. Palm Beach Cty. Sheriff's Office, 698 So. 2d 1365 (Fla. 4th DCA 1997) (Public Records Act favors openness and is construed liberally)
- National Collegiate Athletic Ass'n v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009) (government promise to keep records private cannot convert public records to private)
- Browning v. Walton, 351 So. 2d 380 (Fla. 4th DCA 1977) (same principle regarding public records confidentiality limits)
- Luigino's, Inc. v. Peterson, 317 F.3d 909 (8th Cir. 2003) (sales volume and gross sales are not trade secrets)