Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 340
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/29/2024           .                                

       The Committee on Regulated Industries (Yarborough) recommended
       the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 812.141, Florida Statutes, is created to
    6  read:
    7         812.141Offenses involving critical infrastructure;
    8  improper tampering; civil remedies; trespass on critical
    9  infrastructure; computer offenses involving critical
   10  infrastructure.
   11         (1)For purposes of this section, the term:
   12         (a)“Critical infrastructure” means:
   13         1.Any linear asset; or
   14         2.Any of the following for which the owner or operator
   15  thereof has employed physical or digital measures designed to
   16  exclude unauthorized persons, including, but not limited to,
   17  fences, barriers, guard posts, identity and access management,
   18  firewalls, virtual private networks, encryption, multifactor
   19  authentication, passwords, or other cybersecurity systems and
   20  controls:
   21         a.An electric power generation, transmission, or
   22  distribution facility, or a substation, a switching station, or
   23  an electrical control center.
   24         b.A chemical or rubber manufacturing or storage facility.
   25         c.A mining facility.
   26         d.A natural gas or compressed gas compressor station,
   27  storage facility, or pipeline.
   28         e.A gas processing plant, including a plant used in the
   29  processing, treatment, or fractionation of natural gas.
   30         f.A liquid natural gas or propane gas terminal or storage
   31  facility with a capacity of 4,000 gallons or more.
   32         g.Any portion of an aboveground oil or gas pipeline.
   33         h.A wireless or wired communications network, including
   34  the tower, antennae, support structures, and all associated
   35  ground-based equipment, including equipment intended to provide
   36  communications to governmental entities, including, but not
   37  limited to, law enforcement agencies, fire emergency medical
   38  services, emergency management agencies, or any other
   39  governmental entity.
   40         i.A water intake structure, water treatment facility,
   41  wastewater treatment plant, pump station, or lift station.
   42         j.A deepwater port, railroad switching yard, airport,
   43  trucking terminal, or other freight transportation facility.
   44         k.A facility used for the operation, landing, takeoff, or
   45  surface maneuvering of vehicles, aircraft, or spacecraft.
   46         l.A transmission facility used by a federally licensed
   47  radio or television station.
   48         m.A military base or military facility conducting research
   49  and development of military weapons systems, subsystems,
   50  components, or parts.
   51         n.A civilian defense industrial base conducting research
   52  and development of military weapons systems, subsystems,
   53  components, or parts.
   54         o.Cyber or virtual assets, including electronic systems,
   55  networks, servers, data centers, devices, hardware, software, or
   56  data that are essential to the reliable operations, monitoring,
   57  and security of any critical infrastructure.
   58         p.Dams and other water control structures.
   59         (b)“Improperly tampers” means to knowingly and
   60  intentionally cause, or attempt to cause, a significant
   61  interruption or impairment of a function of critical
   62  infrastructure by:
   63         1.Changing the physical location or physical or virtual
   64  condition of the critical infrastructure, or any portion
   65  thereof, without permission or authority to do so;
   66         2.Otherwise moving, damaging, or destroying the critical
   67  infrastructure or any portion thereof, without permission or
   68  authority to do so; or
   69         3.Accessing without authorization, introducing malware, or
   70  taking any other action that compromises the integrity or
   71  availability of the critical infrastructure’s digital systems.
   72         (c)“Linear asset” means any electric distribution or
   73  transmission asset, gas distribution or transmission pipeline,
   74  communication wirelines, or railway, and any attachments
   75  thereto.
   76         (2)A person who improperly tampers with critical
   77  infrastructure resulting in damage to critical infrastructure
   78  that is $200 or more or in the interruption or impairment of the
   79  function of critical infrastructure which costs $200 or more in
   80  labor and supplies to restore, commits a felony of the second
   81  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   82  775.084.
   83         (3)A person who is found in a civil action to have
   84  improperly tampered with critical infrastructure based on a
   85  conviction for a violation of subsection (2) is liable to the
   86  owner or operator of the critical infrastructure for damages in
   87  an amount equal to three times the actual damage sustained by
   88  the owner or operator due to any property damage, personal
   89  injury, or wrongful death, caused by the act or an amount equal
   90  to three times any claim made against the owner or operator for
   91  any property damage, personal injury, or wrongful death caused
   92  by the malfunction of the critical infrastructure resulting from
   93  the act, whichever is greater.
   94         (4)A person commits the offense of trespass on critical
   95  infrastructure, a felony of the third degree, punishable as
   96  provided in s. 775.082, s. 775.083, or s. 775.084, if he or she
   97  without being authorized, licensed, or invited, willfully enters
   98  upon or remains on physical critical infrastructure as to which
   99  notice against entering or remaining in is given, either by
  100  actual communication to the offender or by posting, fencing, or
  101  cultivation as described in s. 810.011.
  102         (5)(a)A person who willfully, knowingly, and without
  103  authorization gains access to a computer, a computer system, a
  104  computer network, or an electronic device that is owned,
  105  operated, or used by any critical infrastructure entity while
  106  knowing that such access is unauthorized commits a felony of the
  107  third degree, punishable as provided in s. 775.082, s. 775.083,
  108  or s. 775.084.
  109         (b)A person who willfully, knowingly, and without
  110  authorization physically tampers with, inserts a computer
  111  contaminant into, or otherwise transmits commands or electronic
  112  communications to, a computer, a computer system, a computer
  113  network, or an electronic device that causes a disruption in any
  114  service delivered by any critical infrastructure commits a
  115  felony of the second degree, punishable as provided in s.
  116  775.082, s. 775.083, or s. 775.084.
  117         (c)For purposes of this subsection, the terms “computer,”
  118  “computer system,” “computer network,” and “electronic device”
  119  have the same meanings as in s. 815.03.
  120         Section 2. This act shall take effect July 1, 2024.
  122  ================= T I T L E  A M E N D M E N T ================
  123  And the title is amended as follows:
  124         Delete everything before the enacting clause
  125  and insert:
  126                        A bill to be entitled                      
  127         An act relating to offenses involving critical
  128         infrastructure; creating s. 812.141, F.S.; providing
  129         definitions; providing criminal penalties for
  130         improperly tampering with critical infrastructure
  131         resulting in specified monetary damage or cost to
  132         restore; providing for civil liability upon a
  133         conviction for such violations; providing criminal
  134         penalties for trespass upon critical infrastructure;
  135         providing notice requirements; providing criminal
  136         penalties for the unauthorized access to or tampering
  137         with specified electronic devices or networks of
  138         critical infrastructure; providing definitions;
  139         providing an effective date.