Florida Senate - 2024                                     SB 340
       
       
        
       By Senator Yarborough
       
       
       
       
       
       4-00264B-24                                            2024340__
    1                        A bill to be entitled                      
    2         An act relating to intentional damage to critical
    3         infrastructure; creating s. 812.141, F.S.; providing
    4         definitions; providing criminal penalties for causing
    5         intentional harm or damage to critical infrastructure;
    6         providing for civil liability for such violations;
    7         providing construction; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 812.141, Florida Statutes, is created to
   12  read:
   13         812.141 Intentional damage to critical infrastructure.—
   14         (1) For purposes of this section, the term:
   15         (a) “Critical infrastructure” means any of the following:
   16         1. An electrical power generation, transmission, or
   17  distribution facility, or a substation, a switching station, or
   18  an electrical control center.
   19         2. A chemical or rubber manufacturing or storage facility.
   20         3. A mining facility.
   21         4. A natural gas or compressed gas compressor station,
   22  storage facility, or natural gas or compressed gas pipeline.
   23         5. A liquid natural gas or propane gas terminal or storage
   24  facility with a capacity of 4,000 gallons or more.
   25         6. Any portion of an aboveground oil or gas pipeline.
   26         7. A wireless communications facility, including the tower,
   27  antennae, support structures, and all associated ground-based
   28  equipment.
   29         8. A water intake structure, water treatment facility,
   30  wastewater treatment plant, pump station, or lift station.
   31         9. A deepwater port or railroad switching yard.
   32         (b) “Improperly tampers” means, without permission or
   33  authority to do so, to change the physical location or the
   34  physical condition of the property or any portion thereof, or
   35  otherwise knowingly and intentionally move, deface, damage, or
   36  destroy the property or any portion thereof.
   37         (2) A person who improperly tampers with critical
   38  infrastructure for which the owner or operator thereof has
   39  employed measures that are designed to exclude unauthorized
   40  persons, which may include measures such as fences, barriers, or
   41  guard posts, commits a felony of the second degree, punishable
   42  as provided in s. 775.082, s. 775.083, or s. 775.084.
   43         (3) A person who is found in a civil action to have
   44  knowingly and intentionally harmed critical infrastructure based
   45  on a conviction for a violation of subsection (2) is liable to
   46  the utility, communication services provider, operator, or owner
   47  for damages in an amount equal to three times the actual damage
   48  sustained by the utility, communication services provider,
   49  operator, or owner due to any personal injury, wrongful death,
   50  or property damage caused by the act or an amount equal to three
   51  times any claim made against the utility, communications service
   52  provider, operator, or owner for any personal injury, wrongful
   53  death, or property damage caused by the malfunction of the
   54  critical infrastructure resulting from the violation of
   55  subsection (2), whichever is greater.
   56         Section 2. A prosecution for an offense committed before
   57  July 1, 2024, is not abated or affected by this act, and a
   58  statute that would be applicable but for this act remains
   59  applicable to the prosecution.
   60         Section 3. This act shall take effect July 1, 2024.