Florida Senate - 2014 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for CS for SB 364
Ì411272|Î411272
576-02817-14
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Criminal and Civil Justice)
1 A bill to be entitled
2 An act relating to computer crimes; amending s.
3 815.02, F.S.; revising legislative findings; amending
4 s. 815.03, F.S.; defining and redefining terms;
5 amending s. 815.04, F.S.; providing that a person who
6 willfully, knowingly, and without authorization
7 introduces a computer contaminant or modifies or
8 destroys data, programs, or supporting documentation
9 residing or existing internal or external to a
10 computer, computer system, computer network, or
11 electronic device commits an offense against
12 intellectual property; providing criminal penalties;
13 amending s. 815.06, F.S.; defining terms; providing
14 that a person who willfully, knowingly, and without
15 authorization accesses a computer, computer system,
16 computer network, or electronic device, disrupts the
17 ability to transmit data to or from a computer,
18 computer system, computer network, or electronic
19 device, damages a computer, computer system, computer
20 network, or electronic device, or engages in the audio
21 or video surveillance of an individual without the
22 individual’s authorization by accessing a computer,
23 computer system, computer network, or electronic
24 device commits an offense against the users of
25 computer networks and electronic devices; providing
26 exceptions; providing applicability; providing
27 criminal penalties; creating s. 815.061, F.S.;
28 defining the term “public utility”; prohibiting a
29 person from willfully, knowingly, and without
30 authorization engaging in specified activities against
31 a computer, computer system, computer network, or
32 electronic device owned, operated, or used by a public
33 utility; providing criminal penalties; providing an
34 effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Present subsection (4) of section 815.02,
39 Florida Statutes, is redesignated as subsection (5), and a new
40 subsection (4) is added to that section, to read:
41 815.02 Legislative intent.—The Legislature finds and
42 declares that:
43 (4) The proliferation of new technology has led to the
44 integration of computer systems in most sectors of the
45 marketplace through the creation of computer networks, greatly
46 extending the reach of computer crime.
47 Section 2. Section 815.03, Florida Statutes, is amended to
48 read:
49 815.03 Definitions.—As used in this chapter, unless the
50 context clearly indicates otherwise:
51 (1) “Access” means to approach, instruct, communicate with,
52 store data in, retrieve data from, or otherwise make use of any
53 resources of a computer, computer system, or computer network.
54 (2) “Computer” means an internally programmed, automatic
55 device that performs data processing.
56 (3) “Computer contaminant” means any set of computer
57 instructions designed to modify, damage, destroy, record, or
58 transmit information within a computer, computer system, or
59 computer network without the intent or permission of the owner
60 of the information. The term includes, but is not limited to, a
61 group of computer instructions, commonly called viruses or
62 worms, which are self-replicating or self-propagating and which
63 are designed to contaminate other computer programs or computer
64 data; consume computer resources; modify, destroy, record, or
65 transmit data; or in some other fashion usurp or interfere with
66 the normal operation of the computer, computer system, or
67 computer network.
68 (4) “Computer network” means a system that provides a
69 medium for communication between one or more computer systems or
70 electronic devices, including communication with an input or
71 output device such as a display terminal, printer, or other
72 electronic equipment that is connected to the computer systems
73 or electronic devices by physical or wireless telecommunication
74 facilities any system that provides communications between one
75 or more computer systems and its input or output devices,
76 including, but not limited to, display terminals and printers
77 that are connected by telecommunication facilities.
78 (5) “Computer program or computer software” means a set of
79 instructions or statements and related data which, when executed
80 in actual or modified form, cause a computer, computer system,
81 or computer network to perform specified functions.
82 (6) “Computer services” include, but are not limited to,
83 computer time; data processing or storage functions; or other
84 uses of a computer, computer system, or computer network.
85 (7) “Computer system” means a device or collection of
86 devices, including support devices, one or more of which contain
87 computer programs, electronic instructions, or input data and
88 output data, and which perform functions, including, but not
89 limited to, logic, arithmetic, data storage, retrieval,
90 communication, or control. The term does not include calculators
91 that are not programmable and that are not capable of being used
92 in conjunction with external files.
93 (8) “Data” means a representation of information,
94 knowledge, facts, concepts, computer software, computer
95 programs, or instructions. Data may be in any form, in storage
96 media or stored in the memory of the computer, or in transit or
97 presented on a display device.
98 (9) “Electronic device” means a device or a portion of a
99 device that is designed for and capable of communicating across
100 a computer network with other computers or devices for the
101 purpose of transmitting, receiving, or storing data, including,
102 but not limited to, a cellular telephone, tablet, or other
103 portable device designed for and capable of communicating with
104 or across a computer network and that is actually used for such
105 purpose.
106 (10)(9) “Financial instrument” means any check, draft,
107 money order, certificate of deposit, letter of credit, bill of
108 exchange, credit card, or marketable security.
109 (11)(10) “Intellectual property” means data, including
110 programs.
111 (12)(11) “Property” means anything of value as defined in
112 s. 812.012 and includes, but is not limited to, financial
113 instruments, information, including electronically produced data
114 and computer software and programs in either machine-readable or
115 human-readable form, and any other tangible or intangible item
116 of value.
117 Section 3. Section 815.04, Florida Statutes, is amended to
118 read:
119 815.04 Offenses against intellectual property; public
120 records exemption.—
121 (1) A person who Whoever willfully, knowingly, and without
122 authorization introduces a computer contaminant or modifies or
123 renders unavailable data, programs, or supporting documentation
124 residing or existing internal or external to a computer,
125 computer system, or computer network, or electronic device
126 commits an offense against intellectual property.
127 (2) A person who Whoever willfully, knowingly, and without
128 authorization destroys data, programs, or supporting
129 documentation residing or existing internal or external to a
130 computer, computer system, or computer network, or electronic
131 device commits an offense against intellectual property.
132 (3)(a) Data, programs, or supporting documentation which is
133 a trade secret as defined in s. 812.081 which resides or exists
134 internal or external to a computer, computer system, or computer
135 network which is held by an agency as defined in chapter 119 is
136 confidential and exempt from the provisions of s. 119.07(1) and
137 s. 24(a), Art. I of the State Constitution.
138 (b) A person who Whoever willfully, knowingly, and without
139 authorization discloses or takes data, programs, or supporting
140 documentation which is a trade secret as defined in s. 812.081
141 or is confidential as provided by law residing or existing
142 internal or external to a computer, computer system, or computer
143 network commits an offense against intellectual property.
144 (4)(a) Except as otherwise provided in this subsection, an
145 offense against intellectual property is a felony of the third
146 degree, punishable as provided in s. 775.082, s. 775.083, or s.
147 775.084.
148 (b) If the offense is committed for the purpose of devising
149 or executing any scheme or artifice to defraud or to obtain any
150 property, then the person commits offender is guilty of a felony
151 of the second degree, punishable as provided in s. 775.082, s.
152 775.083, or s. 775.084.
153 Section 4. Section 815.06, Florida Statutes, is amended to
154 read:
155 815.06 Offenses against computer users of computer networks
156 and electronic devices.—
157 (1) As used in this section, the term “user” means a person
158 with the authority to operate or maintain a computer network or
159 electronic device.
160 (2) A person commits an offense against users of computer
161 networks or electronic devices if he or she Whoever willfully,
162 knowingly, and without authorization:
163 (a) Accesses or causes to be accessed any computer,
164 computer system, or computer network, or electronic device with
165 the knowledge that such access is unauthorized;
166 (b) Disrupts or denies or causes the denial of the ability
167 to transmit data computer system services to or from an
168 authorized user of such computer system or computer network
169 services, which, in whole or in part, is owned by, under
170 contract to, or operated for, on behalf of, or in conjunction
171 with another;
172 (c) Destroys, takes, injures, or damages equipment or
173 supplies used or intended to be used in a computer, computer
174 system, or computer network, or electronic device;
175 (d) Destroys, injures, or damages any computer, computer
176 system, or computer network, or electronic device; or
177 (e) Introduces any computer contaminant into any computer,
178 computer system, or computer network, or electronic device; or
179 (f) Engages in audio or video surveillance of an individual
180 without that individual’s authorization by accessing any
181 inherent feature or component of a computer, computer system,
182 computer network, or electronic device, including accessing the
183 data or information of a computer, computer system, computer
184 network, or electronic device that is stored by a third party.
185
186 This section does not apply to a person who has acted pursuant
187 to a search warrant or to an exception to a search warrant
188 authorized by law or when acting within the scope of his or her
189 lawful employment and authorized security operations of a
190 government or business, and nothing in this act may be construed
191 to impose liability on a provider of an interactive computer
192 service as defined in 47 U.S.C. s. 230(f)(2), an information
193 service as defined in 47 U.S.C. s. 153(24), or communications
194 services as defined in s. 202.11 if the provider provides the
195 transmission, storage, or caching of electronic communications
196 or messages of others; other related telecommunications or
197 commercial mobile radio service; or content provided by another
198 person commits an offense against computer users.
199 (3)(2)(a) Except as provided in paragraphs (b) and (c), a
200 person who whoever violates subsection (2) (1) commits a felony
201 of the third degree, punishable as provided in s. 775.082, s.
202 775.083, or s. 775.084.
203 (b) A person commits a felony of the second degree,
204 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
205 if he or she Whoever violates subsection (2) (1) and:
206 1. Damages a computer, computer equipment or supplies,
207 computer supplies, a computer system, or a computer network, and
208 the monetary damage or loss incurred as a result of the
209 violation is at least $5,000 or greater;
210 2. Commits the offense for the purpose of devising or
211 executing any scheme or artifice to defraud or obtain property;
212 or
213 3. Interrupts or impairs a governmental operation or public
214 communication, transportation, or supply of water, gas, or other
215 public service; or
216 4. Intentionally interrupts the transmittal of data to or
217 from, or gains unauthorized access to, a computer, computer
218 system, computer network, or electronic device belonging to any
219 mode of public or private transit, as defined in s. 341.031,
220
221 commits a felony of the second degree, punishable as provided in
222 s. 775.082, s. 775.083, or s. 775.084.
223 (c) A person who Whoever violates subsection (2) (1) and
224 the violation endangers human life commits a felony of the first
225 degree, punishable as provided in s. 775.082, s. 775.083, or s.
226 775.084, if the violation:
227 1. Endangers human life; or
228 2. Disrupts a computer, computer system, computer network,
229 or electronic device that affects medical equipment used in the
230 direct administration of medical care or treatment to a person.
231 (4)(3) A person who Whoever willfully, knowingly, and
232 without authorization modifies equipment or supplies used or
233 intended to be used in a computer, computer system, or computer
234 network, or electronic device commits a misdemeanor of the first
235 degree, punishable as provided in s. 775.082 or s. 775.083.
236 (5)(4)(a) In addition to any other civil remedy available,
237 the owner or lessee of the computer, computer system, computer
238 network, computer program, computer equipment or supplies,
239 electronic device, computer supplies, or computer data may bring
240 a civil action against a any person convicted under this section
241 for compensatory damages.
242 (b) In an any action brought under this subsection, the
243 court may award reasonable attorney attorney’s fees to the
244 prevailing party.
245 (6)(5) A Any computer, computer system, computer network,
246 computer software, or computer data, or electronic device owned
247 by a defendant which is used during the commission of a any
248 violation of this section or a any computer or electronic device
249 owned by the defendant which is used as a repository for the
250 storage of software or data obtained in violation of this
251 section is subject to forfeiture as provided under ss. 932.701
252 932.704.
253 (7)(6) This section does not apply to a any person who
254 accesses his or her employer’s computer system, computer
255 network, computer program, or computer data, or electronic
256 device when acting within the scope of his or her lawful
257 employment.
258 (8)(7) For purposes of bringing a civil or criminal action
259 under this section, a person who causes, by any means, the
260 access to a computer, computer system, or computer network, or
261 electronic device in one jurisdiction from another jurisdiction
262 is deemed to have personally accessed the computer, computer
263 system, or computer network, or electronic device in both
264 jurisdictions.
265 Section 5. Section 815.061, Florida Statutes, is created to
266 read:
267 815.061 Offenses against public utilities.—
268 (1) As used in this section, the term “public utility”
269 includes each public utility and electric utility as those terms
270 are defined in s. 366.02; each utility as defined in s. 367.021;
271 each natural gas transmission company as defined in s. 368.103;
272 each person, corporation, partnership, association, public
273 agency, municipality, cooperative, gas district, or other legal
274 entity and their lessees, trustees, or receivers, now or
275 hereafter owning, operating, managing, or controlling gas
276 transmission or distribution facilities or any other facility
277 supplying or storing natural or manufactured gas or liquefied
278 gas with air admixture or any similar gaseous substances by
279 pipeline to or for the public within this state; and any
280 separate legal entity created under s. 163.01 and composed of
281 any of the entities described in this subsection for the purpose
282 of providing utility services in this state, including wholesale
283 power and electric transmission services.
284 (2) A person may not willfully, knowingly, and without
285 authorization:
286 (a) Gain access to a computer, computer system, computer
287 network, or electronic device owned, operated, or used by a
288 public utility while knowing that such access is unauthorized.
289 (b) Physically tamper with, insert a computer contaminant
290 into, or otherwise transmit commands or electronic
291 communications to a computer, computer system, computer network,
292 or electronic device which cause a disruption in any service
293 delivered by a public utility.
294 (3)(a) A person who violates paragraph (2)(a) commits a
295 felony of the third degree, punishable as provided in s.
296 775.082, s. 775.083, or s. 775.084.
297 (b) A person who violates paragraph (2)(b) commits a felony
298 of the second degree, punishable as provided in s. 775.082, s.
299 775.083, or s. 775.084.
300 Section 6. This act shall take effect October 1, 2014.