| 1 | A bill to be entitled |
| 2 | An act relating to data theft; amending s. 815.04, F.S.; |
| 3 | providing that the knowing or negligent transfer of data |
| 4 | from one computer to another without the written consent |
| 5 | of the owner in the course of providing computer |
| 6 | maintenance or support is an offense against |
| 7 | intellectual property, a third-degree felony; defining |
| 8 | the term "negligently" for purposes of such offense; |
| 9 | providing for civil liability of the person performing |
| 10 | the maintenance or support and his or her employer; |
| 11 | providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 815.04, Florida Statutes, is amended |
| 16 | to read: |
| 17 | 815.04 Offenses against intellectual property; public |
| 18 | records exemption.-- |
| 19 | (1)(a) Whoever willfully, knowingly, and without |
| 20 | authorization modifies data, programs, or supporting |
| 21 | documentation residing or existing internal or external to a |
| 22 | computer, computer system, or computer network commits an |
| 23 | offense against intellectual property. |
| 24 | (b)(2) Whoever willfully, knowingly, and without |
| 25 | authorization destroys data, programs, or supporting |
| 26 | documentation residing or existing internal or external to a |
| 27 | computer, computer system, or computer network commits an |
| 28 | offense against intellectual property. |
| 29 | (2)(a) Whoever, in the course of providing computer |
| 30 | maintenance or support to a customer, knowingly or negligently |
| 31 | transfers personal data from one computer to another without |
| 32 | the express written permission of the data owner commits an |
| 33 | offense against intellectual property. In addition to criminal |
| 34 | penalties, the person performing the maintenance or support |
| 35 | and his or her employer are subject to civil liability for a |
| 36 | violation of this subsection. An injured customer has a cause |
| 37 | of 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 |
| 40 | proper precautions to ensure that an unauthorized transfer |
| 41 | does not occur or failing to take appropriate measures |
| 42 | following maintenance or support to ensure that an |
| 43 | unauthorized data transfer does not occur. |
| 44 | (3)(a) Data, programs, or supporting documentation which |
| 45 | is a trade secret as defined in s. 812.081 which resides or |
| 46 | exists internal or external to a computer, computer system, or |
| 47 | computer network which is held by an agency as defined in |
| 48 | chapter 119 is confidential and exempt from the provisions of |
| 49 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution. |
| 50 | (b) Whoever willfully, knowingly, and without |
| 51 | authorization discloses or takes data, programs, or supporting |
| 52 | documentation which is a trade secret as defined in s. 812.081 |
| 53 | or is confidential as provided by law residing or existing |
| 54 | internal or external to a computer, computer system, or |
| 55 | computer network commits an offense against intellectual |
| 56 | property. |
| 57 | (4)(a) Except as otherwise provided in this subsection, |
| 58 | an offense against intellectual property is a felony of the |
| 59 | third degree, punishable as provided in s. 775.082, s. |
| 60 | 775.083, or s. 775.084. |
| 61 | (b) If the offense is committed for the purpose of |
| 62 | devising or executing any scheme or artifice to defraud or to |
| 63 | obtain any property, then the offender commits is guilty of a |
| 64 | felony of the second degree, punishable as provided in s. |
| 65 | 775.082, s. 775.083, or s. 775.084. |
| 66 | Section 2. This act shall take effect July 1, 2008. |