Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 364
Ì756322ÅÎ756322
LEGISLATIVE ACTION
Senate . House
Comm: WD .
03/19/2014 .
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(Flores) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 76 - 181
4 and insert:
5 or computer network, or electronic device to perform specified
6 functions.
7 (6) “Computer services” include, but are not limited to,
8 computer time; data processing or storage functions; or other
9 uses of a computer, computer system, or computer network.
10 (7) “Computer system” means a device or collection of
11 devices, including support devices and electronic devices, one
12 or more of which contain computer programs, electronic
13 instructions, or input data and output data, and which perform
14 functions, including, but not limited to, logic, arithmetic,
15 data storage, retrieval, communication, or control. The term
16 does not include calculators that are not programmable and that
17 are not capable of being used in conjunction with external
18 files.
19 (8) “Data” means a representation of information,
20 knowledge, facts, concepts, computer software, computer
21 programs, or instructions. Data may be in any form, in storage
22 media or stored in the memory of the computer, or in transit or
23 presented on a display device.
24 (9) “Electronic device” means a device that is capable of
25 communicating across a computer network with other computers or
26 devices for the purpose of transmitting, receiving, or storing
27 data, including, but not limited to, a cellular telephone,
28 tablet, or other portable device capable of communicating with
29 or across a computer network.
30 (10)(9) “Financial instrument” means any check, draft,
31 money order, certificate of deposit, letter of credit, bill of
32 exchange, credit card, or marketable security.
33 (11)(10) “Intellectual property” means data, including
34 programs.
35 (12)(11) “Property” means anything of value as defined in
36 s. 812.012 and includes, but is not limited to, financial
37 instruments, information, including electronically produced data
38 and computer software and programs in either machine-readable or
39 human-readable form, and any other tangible or intangible item
40 of value.
41 Section 3. Section 815.04, Florida Statutes, is amended to
42 read:
43 815.04 Offenses against intellectual property; public
44 records exemption.—
45 (1) A person who Whoever willfully, knowingly, and without
46 authorization modifies data, programs, or supporting
47 documentation residing or existing internal or external to a
48 computer, computer system, or computer network, or electronic
49 device commits an offense against intellectual property.
50 (2) A person who Whoever willfully, knowingly, and without
51 authorization destroys data, programs, or supporting
52 documentation residing or existing internal or external to a
53 computer, computer system, or computer network, or electronic
54 device commits an offense against intellectual property.
55 (3)(a) Data, programs, or supporting documentation which is
56 a trade secret as defined in s. 812.081 which resides or exists
57 internal or external to a computer, computer system, or computer
58 network, or electronic device which is held by an agency as
59 defined in chapter 119 is confidential and exempt from the
60 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
61 Constitution.
62 (b) A person who Whoever willfully, knowingly, and without
63 authorization discloses or takes data, programs, or supporting
64 documentation which is a trade secret as defined in s. 812.081
65 or is confidential as provided by law residing or existing
66 internal or external to a computer, computer system, or computer
67 network, or electronic device commits an offense against
68 intellectual property.
69 (4)(a) Except as otherwise provided in this subsection, an
70 offense against intellectual property is a felony of the third
71 degree, punishable as provided in s. 775.082, s. 775.083, or s.
72 775.084.
73 (b) If the offense is committed for the purpose of devising
74 or executing any scheme or artifice to defraud or to obtain any
75 property or personal information, then the person commits
76 offender is guilty of a felony of the second degree, punishable
77 as provided in s. 775.082, s. 775.083, or s. 775.084.
78 Section 4. Section 815.06, Florida Statutes, is amended to
79 read:
80 815.06 Offenses against computer users of computer networks
81 and electronic devices.—
82 (1) As used in this section, the term “person” means:
83 (a) An individual;
84 (b) A partnership, corporation, association, or other
85 entity doing business in this state, or an officer, agent, or
86 employee of such an entity; or
87 (c) An officer, employee, or agent of the state or a
88 county, municipality, special district, or other political
89 subdivision whether executive, judicial, or legislative,
90 including, but not limited to, a department, division, bureau,
91 commission, authority, district, or agency thereof.
92 (2) A person commits an offense against users of computer
93 networks or electronic devices if he or she Whoever willfully,
94 knowingly, and without authorization:
95 (a) Accesses or causes to be accessed any computer,
96 computer system, or computer network, or electronic device with
97 knowledge that such access is unauthorized;
98 (b) Disrupts or denies or causes the denial of the ability
99 to transmit data computer system services to or from an
100 authorized user of such computer system, computer network, or
101 electronic device services, which, in whole or in part, is owned
102 by, under contract to, or operated for, on behalf of, or in
103 conjunction with another;
104 (c) Destroys, takes, injures, or damages equipment or
105 supplies used or intended to be used in a computer, computer
106 system, or computer network, or electronic device;
107 (d) Destroys, injures, or damages any computer, computer
108 system, or computer network, or electronic device; or
109 (e) Introduces any computer contaminant into any computer,
110 computer system, or computer network, or electronic device; or
111 (f) Gains unauthorized access to any inherent feature or
112 component of a computer, computer system, computer network, or
113 electronic device, including accessing the data or information
114 of a computer, computer system, computer network, or electronic
115 device which is stored by a third party, in order to engage in
116 audio, video, or other surveillance of an individual. This
117 paragraph does not apply to an employer who monitors employee
118 use of a business computer, computer system, computer network,
119 or electronic device or a parent who monitors his or her minor
120 child’s use of a computer, computer system, computer network, or
121 electronic device.
122
123 ================= T I T L E A M E N D M E N T ================
124 And the title is amended as follows:
125 Delete lines 4 - 20
126 and insert:
127 s. 815.03, F.S.; defining and redefining terms;
128 amending s. 815.04, F.S.; providing that a person who
129 willfully, knowingly, and without authorization
130 modifies or destroys data, programs, or supporting
131 documentation residing or existing internal or
132 external to an electronic device commits an offense
133 against intellectual property; providing that a person
134 who willfully, knowingly, and without authorization
135 discloses or takes data, programs, or supporting
136 documentation that is a trade secret or is
137 confidential and that is residing or existing internal
138 or external to an electronic device commits an offense
139 against intellectual property; providing criminal
140 penalties; providing that specified data, programs, or
141 supporting documentation that resides or exists
142 internal or external to an electronic device is
143 confidential and exempt from public records
144 requirements; providing a criminal penalty for
145 devising or executing a scheme to defraud or obtain
146 property or personal information; amending s. 815.06,
147 F.S.; defining terms; providing that a person who
148 willfully, knowingly, and without authorization
149 accesses a computer, computer system, computer
150 network, or electronic device, disrupts the ability to
151 transmit data to or from a computer, computer system,
152 computer network, or electronic device, damages a
153 computer, computer system, computer network, or
154 electronic device, or gains unauthorized access to a
155 computer, computer system, computer network, or
156 electronic device in order to engage in specified
157 surveillance of an individual commits an offense
158 against the users