May 11th 2011@6:11pm ( florida statutes: chapter 815 relating to computer related crimes ))

2010 Florida Statutes (including Special Session A)

Title
XLVI
CRIMES		 Chapter 815

COMPUTER-RELATED CRIMES		 View Entire
Chapter


CHAPTER 815
COMPUTER-RELATED CRIMES
815.01 Short title.
815.02 Legislative intent.
815.03 Definitions.
815.04 Offenses against intellectual property; public records
exemption.
815.045 Trade secret information.
815.06 Offenses against computer users.
815.07 This chapter not exclusive.
815.01 Short title.—The provisions of this act shall be known and may be
cited as the “Florida Computer Crimes Act.”

History.—s. 1, ch. 78-92.
815.02 Legislative intent.—The Legislature finds and declares that:

(1) Computer-related crime is a growing problem in
government as well as in the private sector.
(2) Computer-related crime occurs at great cost to the
public since losses for each incident of computer crime tend to be far greater
than the losses associated with each incident of other white collar
crime.
(3) The opportunities for computer-related crimes in
financial institutions, government programs, government records, and other
business enterprises through the introduction of fraudulent records into a
computer system, the unauthorized use of computer facilities, the alteration or
destruction of computerized information or files, and the stealing of financial
instruments, data, and other assets are great.
(4) While various forms of computer crime might possibly
be the subject of criminal charges based on other provisions of law, it is
appropriate and desirable that a supplemental and additional statute be provided
which proscribes various forms of computer abuse.

History.—s. 1, ch. 78-92.
815.03 Definitions.—As used in this chapter, unless the context clearly
indicates otherwise:

(1) “Access” means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use of any resources
of a computer, computer system, or computer network.
(2) “Computer” means an internally programmed, automatic
device that performs data processing.
(3) “Computer contaminant” means any set of computer
instructions designed to modify, damage, destroy, record, or transmit
information within a computer, computer system, or computer network without the
intent or permission of the owner of the information. The term includes, but is
not limited to, a group of computer instructions commonly called viruses or
worms which are self-replicating or self-propagating and which are designed to
contaminate other computer programs or computer data; consume computer
resources; modify, destroy, record, or transmit data; or in some other fashion
usurp the normal operation of the computer, computer system, or computer
network.
(4) “Computer network” means any system that provides
communications between one or more computer systems and its input or output
devices, including, but not limited to, display terminals and printers that are
connected by telecommunication facilities.
(5) “Computer program or computer software” means a set
of instructions or statements and related data which, when executed in actual or
modified form, cause a computer, computer system, or computer network to perform
specified functions.
(6) “Computer services” include, but are not limited to,
computer time; data processing or storage functions; or other uses of a
computer, computer system, or computer network.
(7) “Computer system” means a device or collection of
devices, including support devices, one or more of which contain computer
programs, electronic instructions, or input data and output data, and which
perform functions, including, but not limited to, logic, arithmetic, data
storage, retrieval, communication, or control. The term does not include
calculators that are not programmable and that are not capable of being used in
conjunction with external files.
(8) “Data” means a representation of information,
knowledge, facts, concepts, computer software, computer programs, or
instructions. Data may be in any form, in storage media or stored in the memory
of the computer, or in transit or presented on a display device.
(9) “Financial instrument” means any check, draft, money
order, certificate of deposit, letter of credit, bill of exchange, credit card,
or marketable security.
(10) “Intellectual property” means data, including
programs.
(11) “Property” means anything of value as defined in s.
812.012 and includes, but is not limited to, financial instruments, information,
including electronically produced data and computer software and programs in
either machine-readable or human-readable form, and any other tangible or
intangible item of value.

History.—s. 1, ch. 78-92; s. 9, ch. 2001-54;
s. 4, ch. 2010-117.
815.04 Offenses against intellectual
property; public records exemption.—

(1) Whoever willfully, knowingly, and without
authorization modifies data, programs, or supporting documentation residing or
existing internal or external to a computer, computer system, or computer
network commits an offense against intellectual property.
(2) Whoever willfully, knowingly, and without
authorization destroys data, programs, or supporting documentation residing or
existing internal or external to a computer, computer system, or computer
network commits an offense against intellectual property.
(3)(a) Data, programs, or supporting documentation which is
a trade secret as defined in s. 812.081 which resides or exists internal or
external to a computer, computer system, or computer network which is held by an
agency as defined in chapter 119 is confidential and exempt from the provisions
of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(b) Whoever willfully, knowingly, and without
authorization discloses or takes data, programs, or supporting documentation
which is a trade secret as defined in s. 812.081 or is confidential as provided
by law residing or existing internal or external to a computer, computer system,
or computer network commits an offense against intellectual
property.
(4)(a) Except as otherwise provided in this subsection, an
offense against intellectual property is a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the offense is committed for the purpose of
devising or executing any scheme or artifice to defraud or to obtain any
property, then the offender is guilty of a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

History.—s. 1, ch. 78-92; s. 1, ch. 94-100;
s. 431, ch. 96-406.
815.045 Trade secret information.—The Legislature finds that it is a public necessity
that trade secret information as defined in s. 812.081, and as provided for in
s. 815.04(3), be expressly made confidential and exempt from the public records
law because it is a felony to disclose such records. Due to the legal
uncertainty as to whether a public employee would be protected from a felony
conviction if otherwise complying with chapter 119, and with s. 24(a), Art. I of
the State Constitution, it is imperative that a public records exemption be
created. The Legislature in making disclosure of trade secrets a crime has
clearly established the importance attached to trade secret protection.
Disclosing trade secrets in an agency’s possession would negatively impact the
business interests of those providing an agency such trade secrets by damaging
them in the marketplace, and those entities and individuals disclosing such
trade secrets would hesitate to cooperate with that agency, which would impair
the effective and efficient administration of governmental functions. Thus, the
public and private harm in disclosing trade secrets significantly outweighs any
public benefit derived from disclosure, and the public’s ability to scrutinize
and monitor agency action is not diminished by nondisclosure of trade
secrets.

History.—s. 2, ch. 94-100.
Note.—Former s.
119.165.
815.06 Offenses against computer
users.—

(1) Whoever willfully, knowingly, and without
authorization:

(a) Accesses or causes to be accessed any computer,
computer system, or computer network;
(b) Disrupts or denies or causes the denial of computer
system services to an authorized user of such computer system services, which,
in whole or part, is owned by, under contract to, or operated for, on behalf of,
or in conjunction with another;
(c) Destroys, takes, injures, or damages equipment or
supplies used or intended to be used in a computer, computer system, or computer
network;
(d) Destroys, injures, or damages any computer, computer
system, or computer network; or
(e) Introduces any computer contaminant into any
computer, computer system, or computer network,

commits an offense against
computer users.

(2)(a) Except as provided in paragraphs (b) and (c), whoever
violates subsection (1) commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Whoever violates subsection (1) and:

1. Damages a computer, computer equipment, computer
supplies, a computer system, or a computer network, and the monetary damage or
loss incurred as a result of the violation is $5,000 or greater;
2. Commits the offense for the purpose of devising or
executing any scheme or artifice to defraud or obtain property; or
3. Interrupts or impairs a governmental operation or
public communication, transportation, or supply of water, gas, or other public
service,

commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

(c) Whoever violates subsection (1) and the violation
endangers human life commits a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Whoever willfully, knowingly, and without
authorization modifies equipment or supplies used or intended to be used in a
computer, computer system, or computer network commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.
(4)(a) In addition to any other civil remedy available, the
owner or lessee of the computer, computer system, computer network, computer
program, computer equipment, computer supplies, or computer data may bring a
civil action against any person convicted under this section for compensatory
damages.
(b) In any action brought under this subsection, the
court may award reasonable attorney’s fees to the prevailing
party.
(5) Any computer, computer system, computer network,
computer software, or computer data owned by a defendant which is used during
the commission of any violation of this section or any computer owned by the
defendant which is used as a repository for the storage of software or data
obtained in violation of this section is subject to forfeiture as provided under
ss. 932.701-932.704.
(6) This section does not apply to any person who
accesses his or her employer’s computer system, computer network, computer
program, or computer data when acting within the scope of his or her lawful
employment.
(7) For purposes of bringing a civil or criminal action
under this section, a person who causes, by any means, the access to a computer,
computer system, or computer network in one jurisdiction from another
jurisdiction is deemed to have personally accessed the computer, computer
system, or computer network in both jurisdictions.

History.—s. 1, ch. 78-92; s. 11, ch.
2001-54.
815.07 This chapter not
exclusive.—The provisions of this chapter shall not be construed
to preclude the applicability of any other provision of the criminal law of this
state which presently applies or may in the future apply to any transaction
which violates this chapter, unless such provision is inconsistent with the
terms of this chapter.

History.—s. 1, ch.
78-92.