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.
   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 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.