Florida Senate - 2024 CS for CS for CS for SB 340 By the Committees on Fiscal Policy; Regulated Industries; and Criminal Justice; and Senator Yarborough 594-03397-24 2024340c3 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. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 812.141, Florida Statutes, is created to 19 read: 20 812.141 Offenses 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 measures designed to exclude unauthorized 29 persons, including, but not limited to, fences, barriers, guard 30 posts, or signs prohibiting trespass: 31 a. An electric power generation, transmission, or 32 distribution facility, or a substation, a switching station, or 33 an electrical control center. 34 b. A chemical or rubber manufacturing or storage facility. 35 c. A mining facility. 36 d. A natural gas or compressed gas compressor station, or 37 storage facility. 38 e. A gas processing plant, including a plant used in the 39 processing, treatment, or fractionation of natural gas. 40 f. A liquid natural gas or propane gas terminal or storage 41 facility with a capacity of 4,000 gallons or more. 42 g. A wireless or wired communications facility, including 43 the tower, antennae, support structures, and all associated 44 ground-based equipment. 45 h. A water intake structure, water treatment facility, 46 wastewater treatment plant, pump station, or lift station. 47 i. A seaport as listed in s. 311.09. 48 j. A railroad switching yard, trucking terminal, or other 49 freight transportation facility. 50 k. An airport as defined in s. 330.27. 51 l. A spaceport territory as defined in s. 331.303. 52 m. A transmission facility used by a federally licensed 53 radio or television station. 54 n. A military base or military facility conducting research 55 and development of military weapons systems, subsystems, 56 components, or parts. 57 o. A civilian defense industrial base conducting research 58 and development of military weapons systems, subsystems, 59 components, or parts. 60 p. A dam as defined in s. 373.403, or other water control 61 structures, such as locks, floodgates, or dikes, which are 62 designed to maintain or control the level of navigable 63 waterways. 64 (b) “Improperly tampers” means to cause, or attempt to 65 cause, significant damage to, or a significant interruption or 66 impairment of a function of, critical infrastructure without 67 permission or authority to do so. 68 (c) “Linear asset” means any electric distribution or 69 transmission asset, oil or gas distribution or transmission 70 pipeline, communication wirelines, or railway, and any 71 attachments thereto. 72 (2) A person commits a felony of the second degree, 73 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 74 if he or she knowingly and intentionally improperly tampers with 75 critical infrastructure which results in: 76 (a) Damage to such critical infrastructure that is $200 or 77 more; or 78 (b) The interruption or impairment of the function of such 79 critical infrastructure which costs $200 or more in labor and 80 supplies to restore. 81 (3) A person who is found in a civil action to have 82 improperly tampered with critical infrastructure based on a 83 conviction for a violation of subsection (2) is liable to the 84 owner or operator of the critical infrastructure for damages in 85 an amount equal to three times the actual damage sustained by 86 the owner or operator due to any property damage, personal 87 injury, or wrongful death caused by the act or an amount equal 88 to three times any claim the owner or operator was required to 89 pay for any property damage, personal injury, or wrongful death 90 caused by the malfunction of the critical infrastructure 91 resulting from the act, whichever is greater. 92 (4) A person commits the offense of trespass on critical 93 infrastructure, a felony of the third degree, punishable as 94 provided in s. 775.082, s. 775.083, or s. 775.084, if he or she, 95 without being authorized, licensed, or invited, willfully enters 96 upon or remains upon critical infrastructure as to which notice 97 against entering or remaining in is given, either by actual 98 communication to the offender or by posting, fencing, or 99 cultivation as described in s. 810.011. 100 (5)(a) A person who willfully, knowingly, and without 101 authorization gains access to a computer, a computer system, a 102 computer network, or an electronic device that is owned, 103 operated, or used by any critical infrastructure entity while 104 knowing that such access is unauthorized commits a felony of the 105 third degree, punishable as provided in s. 775.082, s. 775.083, 106 or s. 775.084. 107 (b) A person who willfully, knowingly, and without 108 authorization physically tampers with, inserts a computer 109 contaminant into, or otherwise transmits commands or electronic 110 communications to, a computer, a computer system, a computer 111 network, or an electronic device that causes a disruption in any 112 service delivered by any critical infrastructure commits a 113 felony of the second degree, punishable as provided in s. 114 775.082, s. 775.083, or s. 775.084. 115 (c) For purposes of this subsection, the terms “computer,” 116 “computer system,” “computer network,” and “electronic device” 117 have the same meanings as in s. 815.03. 118 Section 2. This act shall take effect July 1, 2024.