Florida Senate - 2024                              CS for SB 340
       By the Committee on Criminal Justice; and Senator Yarborough
       591-02005-24                                           2024340c1
    1                        A bill to be entitled                      
    2         An act relating to intentional damage to critical
    3         infrastructure; creating s. 812.141, F.S.; defining
    4         the terms “critical infrastructure” and “improperly
    5         tampers”; providing criminal penalties for improperly
    6         tampering with critical infrastructure resulting in
    7         specified monetary damage; providing for civil
    8         liability upon a conviction for such violations;
    9         providing criminal penalties for trespass upon a
   10         critical infrastructure; providing signage posting
   11         requirements; providing criminal penalties for the
   12         unauthorized access to or tampering with specified
   13         electronic devices or networks of critical
   14         infrastructure; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 812.141, Florida Statutes, is created to
   19  read:
   20         812.141Intentional damage to critical infrastructure.—
   21         (1)For purposes of this section, the term:
   22         (a)“Critical infrastructure” means any of the following:
   23         1.An electrical power generation, transmission, or
   24  distribution facility, or a substation, a switching station, or
   25  an electrical control center.
   26         2.A chemical or rubber manufacturing or storage facility.
   27         3.A mining facility.
   28         4.A natural gas or compressed gas compressor station,
   29  storage facility, or natural gas or compressed gas pipeline.
   30         5.A gas processing plant, including a plant used in the
   31  processing, treatment, or fractionation of natural gas.
   32         6. A liquid natural gas or propane gas terminal or storage
   33  facility with a capacity of 4,000 gallons or more.
   34         7.Any portion of an aboveground oil or gas pipeline.
   35         8.A wireless or wired communications network, including
   36  the tower, antennae, support structures, and all associated
   37  ground-based equipment, including equipment intended to provide
   38  communications to governmental entities, including, but not
   39  limited to, law enforcement agencies, fire emergency medical
   40  services, emergency management agencies, or any other
   41  governmental entity.
   42         9.A water intake structure, water treatment facility,
   43  wastewater treatment plant, pump station, or lift station.
   44         10.A deepwater port, railroad switching yard, airport,
   45  trucking terminal, or other freight transportation facility.
   46         11. A facility used for the operation, landing, takeoff, or
   47  surface maneuvering of vehicles or aircraft.
   48         12. A transmission facility used by a federally licensed
   49  radio or television station.
   50         13. A military base or military facility conducting
   51  research and development of military weapons systems,
   52  subsystems, components, or parts.
   53         14. Cyber or virtual assets, including electronic systems,
   54  networks, servers, data centers, devices, hardware, software, or
   55  data that are essential to the reliable operations, monitoring,
   56  and security of any critical infrastructure.
   57         15. Dams and other water control structures.
   58         (b)“Improperly tampers” means to intentionally and
   59  knowingly cause, or attempt to cause, a significant interruption
   60  or impairment of a function of critical infrastructure by:
   61         1. Changing the physical location or physical or virtual
   62  condition of the property, or any portion thereof, without
   63  permission or authority to do so;
   64         2. Otherwise moving, damaging, or destroying the property
   65  or any portion thereof, without permission or authority to do
   66  so; or
   67         3. The unauthorized access, introduction of malware, or any
   68  action that compromises the integrity or availability of the
   69  critical infrastructure’s digital systems.
   70         (2)A person who improperly tampers with critical
   71  infrastructure for which the owner or operator thereof has
   72  employed measures that are designed to exclude unauthorized
   73  persons, which may include physical or digital measures, such as
   74  fences, barriers, or guard posts, or identity and access
   75  management, firewalls, virtual private networks, encryption,
   76  multi-factor authentication, passwords, or other cybersecurity
   77  systems and controls, and such improper tampering results in
   78  damage that is $200 or greater to critical infrastructure,
   79  commits a felony of the second degree, punishable as provided in
   80  s. 775.082, s. 775.083, or s. 775.084.
   81         (3)A person who is found in a civil action to have
   82  improperly tampered with critical infrastructure based on a
   83  conviction of a violation of subsection (2) is liable to the
   84  operator or owner of the critical infrastructure for damages in
   85  an amount equal to three times the actual damage sustained by
   86  the operator or owner due to any personal injury, wrongful
   87  death, or property damage caused by the act or an amount equal
   88  to three times any claim made against the operator or owner for
   89  any personal injury, wrongful death, or property damage caused
   90  by the malfunction of the critical infrastructure resulting from
   91  the act, whichever is greater.
   92         (4)(a) A person who, without being authorized, licensed, or
   93  invited, willfully enters upon or remains on physical critical
   94  infrastructure as to which notice against entering or remaining
   95  in is given as provided in paragraph (b) commits the offense of
   96  trespass on critical infrastructure.
   97         (b)1.For physical critical infrastructure that is:
   98         a. One acre or less in area, a sign must be posted that
   99  appears prominently, in letters of not less than 2 inches in
  100  height, and reads in substantially the following manner: “This
  101  area is a designated critical infrastructure facility and anyone
  102  who trespasses on this property commits a felony.”
  103         b. More than one acre in area, signs must be placed not
  104  more than 500 feet apart along and at each corner of the
  105  boundaries of the land or, for land owned by a water control
  106  district that exists pursuant to chapter 298 or was created by
  107  special act of the Legislature, signs must be placed at or near
  108  the intersection of any district canal right-of-way and a road
  109  right-of-way.
  110         2. Signs must be placed along the boundary line of posted
  111  land in a manner and in such position as to be clearly
  112  noticeable from outside the boundary line. The signs, in letters
  113  of not less than 2 inches in height, must read in substantially
  114  the following manner: “This area is a designated critical
  115  infrastructure facility and anyone who trespasses on this
  116  property commits a felony.”
  117         (c) A person who trespasses on physical critical
  118  infrastructure in violation of this subsection commits a felony
  119  of the third degree, punishable as provided in s. 775.082, s.
  120  775.083, or s. 775.084.
  121         (5)(a) A person who willfully, knowingly, and without
  122  authorization gains access to a computer, computer system,
  123  computer network, or electronic device owned, operated, or used
  124  by any critical infrastructure entity while knowing that such
  125  access is unauthorized commits a felony of the third degree,
  126  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  127         (b) A person who physically tampers with, inserts a
  128  computer contaminant into, or otherwise transmits commands or
  129  electronic communications to, a computer, computer system,
  130  computer network, or electronic device that causes a disruption
  131  in any service delivered by any critical infrastructure commits
  132  a felony of the second degree, punishable as provided in s.
  133  775.082, s. 775.083, or s. 775.084.
  134         Section 2. This act shall take effect July 1, 2024.