Florida Senate - 2024                       CS for CS for SB 340
       By the Committees on Regulated Industries; and Criminal Justice;
       and Senator Yarborough
       580-02606-24                                           2024340c2
    1                        A bill to be entitled                      
    2         An act relating to offenses involving critical
    3         infrastructure; creating s. 812.141, F.S.; providing
    4         definitions; providing criminal penalties for
    5         improperly tampering with critical infrastructure
    6         resulting in specified monetary damage or cost to
    7         restore; providing for civil liability upon a
    8         conviction for such violations; providing criminal
    9         penalties for trespass upon critical infrastructure;
   10         providing notice requirements; providing criminal
   11         penalties for the unauthorized access to or tampering
   12         with specified electronic devices or networks of
   13         critical infrastructure; providing definitions;
   14         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         812.141Offenses involving critical infrastructure;
   21  improper tampering; civil remedies; trespass on critical
   22  infrastructure; computer offenses involving critical
   23  infrastructure.
   24         (1)For purposes of this section, the term:
   25         (a)“Critical infrastructure” means:
   26         1.Any linear asset; or
   27         2.Any of the following for which the owner or operator
   28  thereof has employed physical or digital measures designed to
   29  exclude unauthorized persons, including, but not limited to,
   30  fences, barriers, guard posts, identity and access management,
   31  firewalls, virtual private networks, encryption, multifactor
   32  authentication, passwords, or other cybersecurity systems and
   33  controls:
   34         a.An electric power generation, transmission, or
   35  distribution facility, or a substation, a switching station, or
   36  an electrical control center.
   37         b.A chemical or rubber manufacturing or storage facility.
   38         c.A mining facility.
   39         d.A natural gas or compressed gas compressor station,
   40  storage facility, or pipeline.
   41         e.A gas processing plant, including a plant used in the
   42  processing, treatment, or fractionation of natural gas.
   43         f.A liquid natural gas or propane gas terminal or storage
   44  facility with a capacity of 4,000 gallons or more.
   45         g.Any portion of an aboveground oil or gas pipeline.
   46         h.A wireless or wired communications network, including
   47  the tower, antennae, support structures, and all associated
   48  ground-based equipment, including equipment intended to provide
   49  communications to governmental entities, including, but not
   50  limited to, law enforcement agencies, fire emergency medical
   51  services, emergency management agencies, or any other
   52  governmental entity.
   53         i.A water intake structure, water treatment facility,
   54  wastewater treatment plant, pump station, or lift station.
   55         j.A deepwater port, railroad switching yard, airport,
   56  trucking terminal, or other freight transportation facility.
   57         k.A facility used for the operation, landing, takeoff, or
   58  surface maneuvering of vehicles, aircraft, or spacecraft.
   59         l.A transmission facility used by a federally licensed
   60  radio or television station.
   61         m.A military base or military facility conducting research
   62  and development of military weapons systems, subsystems,
   63  components, or parts.
   64         n.A civilian defense industrial base conducting research
   65  and development of military weapons systems, subsystems,
   66  components, or parts.
   67         o.Cyber or virtual assets, including electronic systems,
   68  networks, servers, data centers, devices, hardware, software, or
   69  data that are essential to the reliable operations, monitoring,
   70  and security of any critical infrastructure.
   71         p.Dams and other water control structures.
   72         (b)“Improperly tampers” means to knowingly and
   73  intentionally cause, or attempt to cause, a significant
   74  interruption or impairment of a function of critical
   75  infrastructure by:
   76         1.Changing the physical location or physical or virtual
   77  condition of the critical infrastructure, or any portion
   78  thereof, without permission or authority to do so;
   79         2.Otherwise moving, damaging, or destroying the critical
   80  infrastructure or any portion thereof, without permission or
   81  authority to do so; or
   82         3.Accessing without authorization, introducing malware, or
   83  taking any other action that compromises the integrity or
   84  availability of the critical infrastructure’s digital systems.
   85         (c)“Linear asset” means any electric distribution or
   86  transmission asset, gas distribution or transmission pipeline,
   87  communication wirelines, or railway, and any attachments
   88  thereto.
   89         (2)A person who improperly tampers with critical
   90  infrastructure resulting in damage to critical infrastructure
   91  that is $200 or more or in the interruption or impairment of the
   92  function of critical infrastructure which costs $200 or more in
   93  labor and supplies to restore, commits a felony of the second
   94  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   95  775.084.
   96         (3)A person who is found in a civil action to have
   97  improperly tampered with critical infrastructure based on a
   98  conviction for a violation of subsection (2) is liable to the
   99  owner or operator of the critical infrastructure for damages in
  100  an amount equal to three times the actual damage sustained by
  101  the owner or operator due to any property damage, personal
  102  injury, or wrongful death, caused by the act or an amount equal
  103  to three times any claim made against the owner or operator for
  104  any property damage, personal injury, or wrongful death caused
  105  by the malfunction of the critical infrastructure resulting from
  106  the act, whichever is greater.
  107         (4)A person commits the offense of trespass on critical
  108  infrastructure, a felony of the third degree, punishable as
  109  provided in s. 775.082, s. 775.083, or s. 775.084, if he or she
  110  without being authorized, licensed, or invited, willfully enters
  111  upon or remains on physical critical infrastructure as to which
  112  notice against entering or remaining in is given, either by
  113  actual communication to the offender or by posting, fencing, or
  114  cultivation as described in s. 810.011.
  115         (5)(a)A person who willfully, knowingly, and without
  116  authorization gains access to a computer, a computer system, a
  117  computer network, or an electronic device that is owned,
  118  operated, or used by any critical infrastructure entity while
  119  knowing that such access is unauthorized commits a felony of the
  120  third degree, punishable as provided in s. 775.082, s. 775.083,
  121  or s. 775.084.
  122         (b)A person who willfully, knowingly, and without
  123  authorization physically tampers with, inserts a computer
  124  contaminant into, or otherwise transmits commands or electronic
  125  communications to, a computer, a computer system, a computer
  126  network, or an electronic device that causes a disruption in any
  127  service delivered by any critical infrastructure commits a
  128  felony of the second degree, punishable as provided in s.
  129  775.082, s. 775.083, or s. 775.084.
  130         (c)For purposes of this subsection, the terms “computer,”
  131  “computer system,” “computer network,” and “electronic device”
  132  have the same meanings as in s. 815.03.
  133         Section 2. This act shall take effect July 1, 2024.