Florida Senate - 2014                              CS for SB 364
       
       
        
       By the Committee on Communications, Energy, and Public
       Utilities; and Senator Brandes
       
       
       
       
       579-01618-14                                           2014364c1
    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 terms; amending s. 815.04,
    5         F.S.; providing that a person who willfully,
    6         knowingly, and without authorization modifies or
    7         destroys data, programs, or supporting documentation
    8         residing or existing internal or external to a
    9         computer network or electronic device commits an
   10         offense against intellectual property; providing
   11         criminal penalties; amending s. 815.06, F.S.; defining
   12         terms; providing that a person who willfully,
   13         knowingly, and without authorization accesses a
   14         computer network or electronic device, disrupts the
   15         ability to transmit data to or from a computer network
   16         or electronic device, damages a computer network or
   17         electronic device, or engages in the audio or video
   18         surveillance of an individual without the individual’s
   19         knowledge by accessing a computer network or
   20         electronic device commits an offense against the users
   21         of computer networks and electronic devices; providing
   22         exceptions; providing criminal penalties; creating s.
   23         815.061, F.S.; defining the term “public utility”;
   24         prohibiting a person from willfully, knowingly, and
   25         without authorization engaging in specified activities
   26         against a computer, computer system, computer network,
   27         or electronic device owned, operated, or used by a
   28         public utility; providing criminal penalties;
   29         providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Present subsection (4) of section 815.02,
   34  Florida Statutes, is redesignated as subsection (5), and a new
   35  subsection (4) is added to that section, to read:
   36         815.02 Legislative intent.—The Legislature finds and
   37  declares that:
   38         (4) The proliferation of new technology has led to the
   39  integration of computer systems in most sectors of the
   40  marketplace through the creation of computer networks, greatly
   41  extending the reach of computer crime.
   42         Section 2. Section 815.03, Florida Statutes, is amended to
   43  read:
   44         815.03 Definitions.—As used in this chapter, unless the
   45  context clearly indicates otherwise:
   46         (1) “Access” means to approach, instruct, communicate with,
   47  store data in, retrieve data from, or otherwise make use of any
   48  resources of a computer, computer system, or computer network.
   49         (2) “Computer” means an internally programmed, automatic
   50  device that performs data processing.
   51         (3) “Computer contaminant” means any set of computer
   52  instructions designed to modify, damage, destroy, record, or
   53  transmit information within a computer, computer system, or
   54  computer network without the intent or permission of the owner
   55  of the information. The term includes, but is not limited to, a
   56  group of computer instructions, commonly called viruses or
   57  worms, which are self-replicating or self-propagating and which
   58  are designed to contaminate other computer programs or computer
   59  data; consume computer resources; modify, destroy, record, or
   60  transmit data; or in some other fashion usurp the normal
   61  operation of the computer, computer system, or computer network.
   62         (4) “Computer network” means a system that provides a
   63  medium for communication between one or more computer systems or
   64  electronic devices, including communication with an input or
   65  output device such as a display terminal, printer, or other
   66  electronic equipment that is connected to the computer systems
   67  or electronic devices by physical or wireless telecommunication
   68  facilities any system that provides communications between one
   69  or more computer systems and its input or output devices,
   70  including, but not limited to, display terminals and printers
   71  that are connected by telecommunication facilities.
   72         (5) “Computer program or computer software” means a set of
   73  instructions or statements and related data which, when executed
   74  in actual or modified form, cause a computer, computer system,
   75  or computer network to perform specified functions.
   76         (6) “Computer services” include, but are not limited to,
   77  computer time; data processing or storage functions; or other
   78  uses of a computer, computer system, or computer network.
   79         (7) “Computer system” means a device or collection of
   80  devices, including support devices, one or more of which contain
   81  computer programs, electronic instructions, or input data and
   82  output data, and which perform functions, including, but not
   83  limited to, logic, arithmetic, data storage, retrieval,
   84  communication, or control. The term does not include calculators
   85  that are not programmable and that are not capable of being used
   86  in conjunction with external files.
   87         (8) “Data” means a representation of information,
   88  knowledge, facts, concepts, computer software, computer
   89  programs, or instructions. Data may be in any form, in storage
   90  media or stored in the memory of the computer, or in transit or
   91  presented on a display device.
   92         (9) “Electronic device” means a device that is capable of
   93  communicating across a computer network with other computers or
   94  devices for the purpose of transmitting, receiving, or storing
   95  data.
   96         (10)(9) “Financial instrument” means any check, draft,
   97  money order, certificate of deposit, letter of credit, bill of
   98  exchange, credit card, or marketable security.
   99         (11)(10) “Intellectual property” means data, including
  100  programs.
  101         (12)(11) “Property” means anything of value as defined in
  102  s. 812.012 and includes, but is not limited to, financial
  103  instruments, information, including electronically produced data
  104  and computer software and programs in either machine-readable or
  105  human-readable form, and any other tangible or intangible item
  106  of value.
  107         Section 3. Section 815.04, Florida Statutes, is amended to
  108  read:
  109         815.04 Offenses against intellectual property; public
  110  records exemption.—
  111         (1) A person who Whoever willfully, knowingly, and without
  112  authorization modifies data, programs, or supporting
  113  documentation residing or existing internal or external to a
  114  computer, computer system, or computer network, or electronic
  115  device commits an offense against intellectual property.
  116         (2) A person who Whoever willfully, knowingly, and without
  117  authorization destroys data, programs, or supporting
  118  documentation residing or existing internal or external to a
  119  computer, computer system, or computer network, or electronic
  120  device commits an offense against intellectual property.
  121         (3)(a) Data, programs, or supporting documentation which is
  122  a trade secret as defined in s. 812.081 which resides or exists
  123  internal or external to a computer, computer system, or computer
  124  network which is held by an agency as defined in chapter 119 is
  125  confidential and exempt from the provisions of s. 119.07(1) and
  126  s. 24(a), Art. I of the State Constitution.
  127         (b) A person who Whoever willfully, knowingly, and without
  128  authorization discloses or takes data, programs, or supporting
  129  documentation which is a trade secret as defined in s. 812.081
  130  or is confidential as provided by law residing or existing
  131  internal or external to a computer, computer system, or computer
  132  network commits an offense against intellectual property.
  133         (4)(a) Except as otherwise provided in this subsection, an
  134  offense against intellectual property is a felony of the third
  135  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  136  775.084.
  137         (b) If the offense is committed for the purpose of devising
  138  or executing any scheme or artifice to defraud or to obtain any
  139  property, then the person commits offender is guilty of a felony
  140  of the second degree, punishable as provided in s. 775.082, s.
  141  775.083, or s. 775.084.
  142         Section 4. Section 815.06, Florida Statutes, is amended to
  143  read:
  144         815.06 Offenses against computer users of computer networks
  145  and electronic devices.—
  146         (1) As used in this section, the term “person” means:
  147         (a) An individual;
  148         (b) A partnership, corporation, association, or other
  149  entity doing business in this state, or an officer, agent, or
  150  employee of such an entity; or
  151         (c) An officer, employee, or agent of the state or a
  152  county, municipality, special district, or other political
  153  subdivision whether executive, judicial, or legislative,
  154  including, but not limited to, a department, division, bureau,
  155  commission, authority, district, or agency thereof.
  156         (2) A person commits an offense against users of computer
  157  networks or electronic devices if he Whoever willfully,
  158  knowingly, and without authorization:
  159         (a) Accesses or causes to be accessed any computer,
  160  computer system, or computer network, or electronic device with
  161  knowledge that such access is unauthorized;
  162         (b) Disrupts or denies or causes the denial of the ability
  163  to transmit data computer system services to or from an
  164  authorized user of such computer system or computer network
  165  services, which, in whole or in part, is owned by, under
  166  contract to, or operated for, on behalf of, or in conjunction
  167  with another;
  168         (c) Destroys, takes, injures, or damages equipment or
  169  supplies used or intended to be used in a computer, computer
  170  system, or computer network, or electronic device;
  171         (d) Destroys, injures, or damages any computer, computer
  172  system, or computer network, or electronic device; or
  173         (e) Introduces any computer contaminant into any computer,
  174  computer system, or computer network, or electronic device; or
  175         (f)Engages in audio or video surveillance of an individual
  176  without that individual’s knowledge by accessing any inherent
  177  feature or component of a computer, computer system, computer
  178  network, or electronic device, including accessing the data or
  179  information of a computer, computer system, computer network, or
  180  electronic device that is stored by a third party.
  181  
  182  This section does not apply to a person who has acted pursuant
  183  to a search warrant or to an exception to a search warrant
  184  authorized by law or when acting within the scope of his or her
  185  lawful employment commits an offense against computer users.
  186         (3)(2)(a) Except as provided in paragraphs (b) and (c), a
  187  person who whoever violates subsection (2) (1) commits a felony
  188  of the third degree, punishable as provided in s. 775.082, s.
  189  775.083, or s. 775.084.
  190         (b) A person commits a felony of the second degree,
  191  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  192  if he or she Whoever violates subsection (2) (1) and:
  193         1. Damages a computer, computer equipment or supplies,
  194  computer supplies, a computer system, or a computer network, and
  195  the monetary damage or loss incurred as a result of the
  196  violation is at least $5,000 or greater;
  197         2. Commits the offense for the purpose of devising or
  198  executing any scheme or artifice to defraud or obtain property;
  199  or
  200         3. Interrupts or impairs a governmental operation or public
  201  communication, transportation, or supply of water, gas, or other
  202  public service; or
  203         4.Intentionally interrupts the transmittal of data to or
  204  from, or gains unauthorized access to, a computer, computer
  205  system, computer network, or electronic device belonging to any
  206  mode of public or private transit, as defined in s. 341.031,
  207  
  208  commits a felony of the second degree, punishable as provided in
  209  s. 775.082, s. 775.083, or s. 775.084.
  210         (c) A person who Whoever violates subsection (2) (1) and
  211  the violation endangers human life commits a felony of the first
  212  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  213  775.084, if the violation:
  214         1. Endangers human life; or
  215         2.Disrupts a computer, computer system, computer network,
  216  or electronic device that affects medical equipment used in the
  217  direct administration of medical care or treatment to a person.
  218         (4)(3)A person who Whoever willfully, knowingly, and
  219  without authorization modifies equipment or supplies used or
  220  intended to be used in a computer, computer system, or computer
  221  network, or electronic device commits a misdemeanor of the first
  222  degree, punishable as provided in s. 775.082 or s. 775.083.
  223         (5)(4)(a) In addition to any other civil remedy available,
  224  the owner or lessee of the computer, computer system, computer
  225  network, computer program, computer equipment or supplies,
  226  electronic device, computer supplies, or computer data may bring
  227  a civil action against a any person convicted under this section
  228  for compensatory damages.
  229         (b) In an any action brought under this subsection, the
  230  court may award reasonable attorney attorney’s fees to the
  231  prevailing party.
  232         (6)(5)A Any computer, computer system, computer network,
  233  computer software, or computer data, or electronic device owned
  234  by a defendant which is used during the commission of a any
  235  violation of this section or a any computer or electronic device
  236  owned by the defendant which is used as a repository for the
  237  storage of software or data obtained in violation of this
  238  section is subject to forfeiture as provided under ss. 932.701
  239  932.704.
  240         (7)(6) This section does not apply to a any person who
  241  accesses his or her employer’s computer system, computer
  242  network, computer program, or computer data, or electronic
  243  device when acting within the scope of his or her lawful
  244  employment.
  245         (8)(7) For purposes of bringing a civil or criminal action
  246  under this section, a person who causes, by any means, the
  247  access to a computer, computer system, or computer network, or
  248  electronic device in one jurisdiction from another jurisdiction
  249  is deemed to have personally accessed the computer, computer
  250  system, or computer network, or electronic device in both
  251  jurisdictions.
  252         Section 5. Section 815.061, Florida Statutes, is created to
  253  read:
  254         815.061Offenses against public utilities.—
  255         (1) As used in this section, the term “public utility”
  256  includes each public utility and electric utility as those terms
  257  are defined in s. 366.02; each utility as defined in s. 367.021;
  258  each natural gas transmission company as defined in s. 368.103;
  259  each person, corporation, partnership, association, public
  260  agency, municipality, cooperative, gas district, or other legal
  261  entity and their lessees, trustees, or receivers, now or
  262  hereafter owning, operating, managing, or controlling gas
  263  transmission or distribution facilities or any other facility
  264  supplying or storing natural or manufactured gas or liquefied
  265  gas with air admixture or any similar gaseous substances by
  266  pipeline to or for the public within this state; and any
  267  separate legal entity created under s. 163.01 and composed of
  268  any of the entities described in this subsection for the purpose
  269  of providing utility services in this state, including wholesale
  270  power and electric transmission services.
  271         (2)A person may not willfully, knowingly, and without
  272  authorization:
  273         (a) Gain access to a computer, computer system, computer
  274  network, or electronic device owned, operated, or used by a
  275  public utility while knowing that such access is unauthorized.
  276         (b) Physically tamper with, insert software into, or
  277  otherwise transmit commands or electronic communications to a
  278  computer, computer system, computer network, or electronic
  279  device which cause a disruption in any service delivered by a
  280  public utility.
  281         (3)(a) A person who violates paragraph (2)(a) commits a
  282  felony of the third degree, punishable as provided in s.
  283  775.082, s. 775.083, or s. 775.084.
  284         (b) A person who violates paragraph (2)(b) commits a felony
  285  of the second degree, punishable as provided in s. 775.082, s.
  286  775.083, or s. 775.084.
  287         Section 6. This act shall take effect October 1, 2014.