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         815.061Offenses 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