HB 323

1
A bill to be entitled
2An act relating to data theft; amending s. 815.04, F.S.;
3providing that the knowing or negligent transfer of data
4from one computer to another without the written consent
5of the owner in the course of providing computer
6maintenance or support is an offense against
7intellectual property, a third-degree felony; defining
8the term "negligently" for purposes of such offense;
9providing for civil liability of the person performing
10the maintenance or support and his or her employer;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 815.04, Florida Statutes, is amended
16to read:
17     815.04  Offenses against intellectual property; public
18records exemption.--
19     (1)(a)  Whoever willfully, knowingly, and without
20authorization modifies data, programs, or supporting
21documentation residing or existing internal or external to a
22computer, computer system, or computer network commits an
23offense against intellectual property.
24     (b)(2)  Whoever willfully, knowingly, and without
25authorization destroys data, programs, or supporting
26documentation residing or existing internal or external to a
27computer, computer system, or computer network commits an
28offense against intellectual property.
29     (2)(a)  Whoever, in the course of providing computer
30maintenance or support to a customer, knowingly or negligently
31transfers personal data from one computer to another without
32the express written permission of the data owner commits an
33offense against intellectual property. In addition to criminal
34penalties, the person performing the maintenance or support
35and his or her employer are subject to civil liability for a
36violation of this subsection. An injured customer has a cause
37of action for damages as provided in s. 772.104.
38     (b)  For purposes of this subsection, the term
39"negligently" means transferring data without taking the
40proper precautions to ensure that an unauthorized transfer
41does not occur or failing to take appropriate measures
42following maintenance or support to ensure that an
43unauthorized data transfer does not occur.
44     (3)(a)  Data, programs, or supporting documentation which
45is a trade secret as defined in s. 812.081 which resides or
46exists internal or external to a computer, computer system, or
47computer network which is held by an agency as defined in
48chapter 119 is confidential and exempt from the provisions of
49s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
50     (b)  Whoever willfully, knowingly, and without
51authorization discloses or takes data, programs, or supporting
52documentation which is a trade secret as defined in s. 812.081
53or is confidential as provided by law residing or existing
54internal or external to a computer, computer system, or
55computer network commits an offense against intellectual
56property.
57     (4)(a)  Except as otherwise provided in this subsection,
58an offense against intellectual property is a felony of the
59third degree, punishable as provided in s. 775.082, s.
60775.083, or s. 775.084.
61     (b)  If the offense is committed for the purpose of
62devising or executing any scheme or artifice to defraud or to
63obtain any property, then the offender commits is guilty of a
64felony of the second degree, punishable as provided in s.
65775.082, s. 775.083, or s. 775.084.
66     Section 2.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.