Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 340
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/10/2024           .                                

       The Committee on Criminal Justice (Yarborough) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 23 - 59
    4  and insert:
    5         5.A gas processing plant, including a plant used in the
    6  processing, treatment, or fractionation of natural gas.
    7         6. A liquid natural gas or propane gas terminal or storage
    8  facility with a capacity of 4,000 gallons or more.
    9         7.Any portion of an aboveground oil or gas pipeline.
   10         8.A wireless or wired communications network, including
   11  the tower, antennae, support structures, and all associated
   12  ground-based equipment, including equipment intended to provide
   13  communications to governmental entities including but not
   14  limited to, law enforcement, fire emergency medical services,
   15  emergency management agencies, or any other governmental entity.
   16         9.A water intake structure, water treatment facility,
   17  wastewater treatment plant, pump station, or lift station.
   18         10.A deepwater port, railroad switching yard, airport,
   19  trucking terminal, or other freight transportation facility.
   20         11. A facility used for the operation, landing, takeoff, or
   21  surface maneuvering of vehicles or aircraft.
   22         12. A transmission facility used by a federally licensed
   23  radio or television station.
   24         13 A military base or military facility conducting research
   25  and development of military weapons systems, subsystems,
   26  components or parts.
   27         14. Cyber or virtual assets including electronic systems,
   28  networks, servers, data centers, devices, hardware, software, or
   29  data that are essential to the reliable operations, monitoring,
   30  and security of any critical infrastructure as defined in this
   31  section.
   32         15. Dams and other water control structures.
   33         (b)“Improperly tampers” means to intentionally and
   34  knowingly cause, or attempt to cause, a significant interruption
   35  or impairment of a function of critical infrastructure by:
   36         1. Changing the physical location or physical or virtual
   37  condition of the property, or any portion thereof, without
   38  permission or authority to do so;
   39         2. Otherwise moving, damaging, or destroying the property
   40  or any portion thereof, without permission or authority to do
   41  so; or,
   42         3. The unauthorized access, introduction of malware, or any
   43  action that compromises the integrity or availability of the
   44  critical infrastructure's digital systems.
   45         (2)A person who improperly tampers with critical
   46  infrastructure for which the owner or operator thereof has
   47  employed measures that are designed to exclude unauthorized
   48  persons, which may include physical or digital measures such as
   49  fences, barriers, or guard posts, or identity and access
   50  management, firewalls, virtual private networks, encryption,
   51  multi-factor authentication, passwords, or other cybersecurity
   52  systems and controls, and such improper tampering results in
   53  damage that is $200 or greater to critical infrastructure,
   54  commits a felony of the second degree, punishable as provided in
   55  s. 775.082, s. 775.083, or s. 775.084.
   56         (3)A person who is found in a civil action to have
   57  improperly tampered with critical infrastructure based on a
   58  conviction of subsection (2) is liable to the operator or owner
   59  of the critical infrastructure for damages in an amount equal to
   60  three times the actual damage sustained by the operator or owner
   61  due to any personal injury, wrongful death, or property damage
   62  caused by the act or an amount equal to three times any claim
   63  made against the operator or owner for any personal injury,
   64  wrongful death, or property damage caused by the malfunction of
   65  the critical infrastructure resulting from the act, whichever is
   66  greater.
   67         (4)(a) Any person who, without being authorized, licensed,
   68  or invited, willfully enters upon or remains on a physical
   69  critical infrastructure as to which notice against entering or
   70  remaining in is given as provided in paragraph (b), commits the
   71  offense of trespass on a critical infrastructure.
   72         (b)1.For a physical critical infrastructure that is:
   73         a. One acre or less in area, a sign must be posted that
   74  appears prominently, in letters of not less than 2 inches in
   75  height, and reads in substantially the following manner: "This
   76  area is a designated critical infrastructure facility and anyone
   77  who trespasses on this property commits a felony."
   78         b. More than one acre in area, signs must be placed not
   79  more than 500 feet apart along and at each corner of the
   80  boundaries of the land or, for land owned by a water control
   81  district that exists pursuant to ch. 298, or was created by
   82  special act of the Legislature, signs placed at or near the
   83  intersection of any district canal right-of-way and a road
   84  right-of-way.
   85         2. Signs must be placed along the boundary line of posted
   86  land in a manner and in such position as to be clearly
   87  noticeable from outside the boundary line. A sign in letters of
   88  not less than 2 inches in height, must read in substantially the
   89  following manner: "This area is a designated critical
   90  infrastructure facility and anyone who trespasses on this
   91  property commits a felony."
   92         (c) A person who trespasses on a physical critical
   93  infrastructure in violation of this subsection commits a felony
   94  of the third degree, punishable as provided in s. 775.082, s.
   95  775.083, or s. 775.084.
   96         (5)(a) A person who willfully, knowingly, and without
   97  authorization gains access to a computer, computer system,
   98  computer network, or electronic device owned, operated, or used
   99  by any critical infrastructure entity, while knowing that such
  100  access is unauthorized commits a felony of the third degree,
  101  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  102         (b) A person who physically tampers with, inserts a
  103  computer contaminant into, or otherwise transmits commands or
  104  electronic communications to a computer, computer system,
  105  computer network, or electronic device that causes a disruption
  106  in any service delivered by any critical infrastructure commits
  107  a felony of the second degree, punishable as provided in s.
  108  775.082, s. 775.083, or s. 775.084.
  111  ================= T I T L E  A M E N D M E N T ================
  112  And the title is amended as follows:
  113         Delete lines 4 - 6
  114  and insert:
  115         definitions; providing criminal penalties for
  116         improperly tampering with critical infrastructure;
  117         providing for civil liability for such violations;
  118         providing criminal penalties for trespass upon a
  119         critical infrastructure; providing criminal penalties
  120         for the unauthorized access to or tampering with
  121         specified electronic devices or networks of critical
  122         infrastructure;