Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 364
Ì142650|Î142650
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/19/2014 .
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(Bradley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 61 - 285
4 and insert:
5 transmit data; or in some other fashion usurp or interfere with
6 the normal operation of the computer, computer system, or
7 computer network.
8 (4) “Computer network” means a system that provides a
9 medium for communication between one or more computer systems or
10 electronic devices, including communication with an input or
11 output device such as a display terminal, printer, or other
12 electronic equipment that is connected to the computer systems
13 or electronic devices by physical or wireless telecommunication
14 facilities any system that provides communications between one
15 or more computer systems and its input or output devices,
16 including, but not limited to, display terminals and printers
17 that are connected by telecommunication facilities.
18 (5) “Computer program or computer software” means a set of
19 instructions or statements and related data which, when executed
20 in actual or modified form, cause a computer, computer system,
21 or computer network to perform specified functions.
22 (6) “Computer services” include, but are not limited to,
23 computer time; data processing or storage functions; or other
24 uses of a computer, computer system, or computer network.
25 (7) “Computer system” means a device or collection of
26 devices, including support devices, one or more of which contain
27 computer programs, electronic instructions, or input data and
28 output data, and which perform functions, including, but not
29 limited to, logic, arithmetic, data storage, retrieval,
30 communication, or control. The term does not include calculators
31 that are not programmable and that are not capable of being used
32 in conjunction with external files.
33 (8) “Data” means a representation of information,
34 knowledge, facts, concepts, computer software, computer
35 programs, or instructions. Data may be in any form, in storage
36 media or stored in the memory of the computer, or in transit or
37 presented on a display device.
38 (9) “Electronic device” means a device or a portion of a
39 device that is designed for and capable of communicating across
40 a computer network with other computers or devices for the
41 purpose of transmitting, receiving, or storing data, including,
42 but not limited to, a cellular telephone, tablet, or other
43 portable device designed for and capable of communicating with
44 or across a computer network and that is actually used for such
45 purpose.
46 (10)(9) “Financial instrument” means any check, draft,
47 money order, certificate of deposit, letter of credit, bill of
48 exchange, credit card, or marketable security.
49 (11)(10) “Intellectual property” means data, including
50 programs.
51 (12)(11) “Property” means anything of value as defined in
52 s. 812.012 and includes, but is not limited to, financial
53 instruments, information, including electronically produced data
54 and computer software and programs in either machine-readable or
55 human-readable form, and any other tangible or intangible item
56 of value.
57 Section 3. Section 815.04, Florida Statutes, is amended to
58 read:
59 815.04 Offenses against intellectual property; public
60 records exemption.—
61 (1) A person who Whoever willfully, knowingly, and without
62 authorization introduces a computer contaminant or modifies or
63 renders unavailable data, programs, or supporting documentation
64 residing or existing internal or external to a computer,
65 computer system, or computer network, or electronic device
66 commits an offense against intellectual property.
67 (2) A person who Whoever willfully, knowingly, and without
68 authorization destroys data, programs, or supporting
69 documentation residing or existing internal or external to a
70 computer, computer system, or computer network, or electronic
71 device commits an offense against intellectual property.
72 (3)(a) Data, programs, or supporting documentation which is
73 a trade secret as defined in s. 812.081 which resides or exists
74 internal or external to a computer, computer system, or computer
75 network which is held by an agency as defined in chapter 119 is
76 confidential and exempt from the provisions of s. 119.07(1) and
77 s. 24(a), Art. I of the State Constitution.
78 (b) A person who Whoever willfully, knowingly, and without
79 authorization discloses or takes data, programs, or supporting
80 documentation which is a trade secret as defined in s. 812.081
81 or is confidential as provided by law residing or existing
82 internal or external to a computer, computer system, or computer
83 network commits an offense against intellectual property.
84 (4)(a) Except as otherwise provided in this subsection, an
85 offense against intellectual property is a felony of the third
86 degree, punishable as provided in s. 775.082, s. 775.083, or s.
87 775.084.
88 (b) If the offense is committed for the purpose of devising
89 or executing any scheme or artifice to defraud or to obtain any
90 property, then the person commits offender is guilty of a felony
91 of the second degree, punishable as provided in s. 775.082, s.
92 775.083, or s. 775.084.
93 Section 4. Section 815.06, Florida Statutes, is amended to
94 read:
95 815.06 Offenses against computer users of computer networks
96 and electronic devices.—
97 (1) As used in this section, the term “user” means a person
98 with the authority to operate or maintain a computer network or
99 electronic device.
100 (2) A person commits an offense against users of computer
101 networks or electronic devices if he or she Whoever willfully,
102 knowingly, and without authorization:
103 (a) Accesses or causes to be accessed any computer,
104 computer system, or computer network, or electronic device with
105 the knowledge that such access is unauthorized;
106 (b) Disrupts or denies or causes the denial of the ability
107 to transmit data computer system services to or from an
108 authorized user of such computer system or computer network
109 services, which, in whole or in part, is owned by, under
110 contract to, or operated for, on behalf of, or in conjunction
111 with another;
112 (c) Destroys, takes, injures, or damages equipment or
113 supplies used or intended to be used in a computer, computer
114 system, or computer network, or electronic device;
115 (d) Destroys, injures, or damages any computer, computer
116 system, or computer network, or electronic device; or
117 (e) Introduces any computer contaminant into any computer,
118 computer system, or computer network, or electronic device; or
119 (f) Engages in audio or video surveillance of an individual
120 without that individual’s authorization by accessing any
121 inherent feature or component of a computer, computer system,
122 computer network, or electronic device, including accessing the
123 data or information of a computer, computer system, computer
124 network, or electronic device that is stored by a third party.
125
126 This section does not apply to a person who has acted pursuant
127 to a search warrant or to an exception to a search warrant
128 authorized by law or when acting within the scope of his or her
129 lawful employment and authorized security operations of a
130 government or business, and nothing in this act may be construed
131 to impose liability on a provider of an interactive computer
132 service as defined in 47 U.S.C. s. 230(f)(2), an information
133 service as defined in 47 U.S.C. s. 153(24), or communications
134 services as defined in s. 202.11 if the provider provides the
135 transmission, storage, or caching of electronic communications
136 or messages of others; other related telecommunications or
137 commercial mobile radio service; or content provided by another
138 person commits an offense against computer users.
139 (3)(2)(a) Except as provided in paragraphs (b) and (c), a
140 person who whoever violates subsection (2) (1) commits a felony
141 of the third degree, punishable as provided in s. 775.082, s.
142 775.083, or s. 775.084.
143 (b) A person commits a felony of the second degree,
144 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
145 if he or she Whoever violates subsection (2) (1) and:
146 1. Damages a computer, computer equipment or supplies,
147 computer supplies, a computer system, or a computer network, and
148 the monetary damage or loss incurred as a result of the
149 violation is at least $5,000 or greater;
150 2. Commits the offense for the purpose of devising or
151 executing any scheme or artifice to defraud or obtain property;
152 or
153 3. Interrupts or impairs a governmental operation or public
154 communication, transportation, or supply of water, gas, or other
155 public service; or
156 4. Intentionally interrupts the transmittal of data to or
157 from, or gains unauthorized access to, a computer, computer
158 system, computer network, or electronic device belonging to any
159 mode of public or private transit, as defined in s. 341.031,
160
161 commits a felony of the second degree, punishable as provided in
162 s. 775.082, s. 775.083, or s. 775.084.
163 (c) A person who Whoever violates subsection (2) (1) and
164 the violation endangers human life commits a felony of the first
165 degree, punishable as provided in s. 775.082, s. 775.083, or s.
166 775.084, if the violation:
167 1. Endangers human life; or
168 2. Disrupts a computer, computer system, computer network,
169 or electronic device that affects medical equipment used in the
170 direct administration of medical care or treatment to a person.
171 (4)(3) A person who Whoever willfully, knowingly, and
172 without authorization modifies equipment or supplies used or
173 intended to be used in a computer, computer system, or computer
174 network, or electronic device commits a misdemeanor of the first
175 degree, punishable as provided in s. 775.082 or s. 775.083.
176 (5)(4)(a) In addition to any other civil remedy available,
177 the owner or lessee of the computer, computer system, computer
178 network, computer program, computer equipment or supplies,
179 electronic device, computer supplies, or computer data may bring
180 a civil action against a any person convicted under this section
181 for compensatory damages.
182 (b) In an any action brought under this subsection, the
183 court may award reasonable attorney attorney’s fees to the
184 prevailing party.
185 (6)(5) A Any computer, computer system, computer network,
186 computer software, or computer data, or electronic device owned
187 by a defendant which is used during the commission of a any
188 violation of this section or a any computer or electronic device
189 owned by the defendant which is used as a repository for the
190 storage of software or data obtained in violation of this
191 section is subject to forfeiture as provided under ss. 932.701
192 932.704.
193 (7)(6) This section does not apply to a any person who
194 accesses his or her employer’s computer system, computer
195 network, computer program, or computer data, or electronic
196 device when acting within the scope of his or her lawful
197 employment.
198 (8)(7) For purposes of bringing a civil or criminal action
199 under this section, a person who causes, by any means, the
200 access to a computer, computer system, or computer network, or
201 electronic device in one jurisdiction from another jurisdiction
202 is deemed to have personally accessed the computer, computer
203 system, or computer network, or electronic device in both
204 jurisdictions.
205 Section 5. Section 815.061, Florida Statutes, is created to
206 read:
207 815.061 Offenses against public utilities.—
208 (1) As used in this section, the term “public utility”
209 includes each public utility and electric utility as those terms
210 are defined in s. 366.02; each utility as defined in s. 367.021;
211 each natural gas transmission company as defined in s. 368.103;
212 each person, corporation, partnership, association, public
213 agency, municipality, cooperative, gas district, or other legal
214 entity and their lessees, trustees, or receivers, now or
215 hereafter owning, operating, managing, or controlling gas
216 transmission or distribution facilities or any other facility
217 supplying or storing natural or manufactured gas or liquefied
218 gas with air admixture or any similar gaseous substances by
219 pipeline to or for the public within this state; and any
220 separate legal entity created under s. 163.01 and composed of
221 any of the entities described in this subsection for the purpose
222 of providing utility services in this state, including wholesale
223 power and electric transmission services.
224 (2) A person may not willfully, knowingly, and without
225 authorization:
226 (a) Gain access to a computer, computer system, computer
227 network, or electronic device owned, operated, or used by a
228 public utility while knowing that such access is unauthorized.
229 (b) Physically tamper with, insert a computer contaminant
230 into, or
231
232 ================= T I T L E A M E N D M E N T ================
233 And the title is amended as follows:
234 Delete lines 4 - 21
235 and insert:
236 s. 815.03, F.S.; defining and redefining terms;
237 amending s. 815.04, F.S.; providing that a person who
238 willfully, knowingly, and without authorization
239 introduces a computer contaminant or modifies or
240 destroys data, programs, or supporting documentation
241 residing or existing internal or external to a
242 computer, computer system, computer network, or
243 electronic device commits an offense against
244 intellectual property; providing criminal penalties;
245 amending s. 815.06, F.S.; defining terms; providing
246 that a person who willfully, knowingly, and without
247 authorization accesses a computer, computer system,
248 computer network, or electronic device, disrupts the
249 ability to transmit data to or from a computer,
250 computer system, computer network, or electronic
251 device, damages a computer, computer system, computer
252 network, or electronic device, or engages in the audio
253 or video surveillance of an individual without the
254 individual’s authorization by accessing a computer,
255 computer system, computer network, or electronic
256 device commits an offense against the users of
257 computer networks and electronic devices; providing