FLORIDA
TITLE XLVI CRIMES
CHAPTER 815 COMPUTER-RELATED CRIMES
815.01 Short title.
The provisions of this act shall be known and may be cited as the "Florida Computer Crimes Act."
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.
815.03 Definitions.
As used in this chapter, unless the context clearly indicates otherwise:(1)
"Intellectual property" means data, including programs.
(2) "Computer program" means an ordered set of data representing coded instructions
or statements that when executed by a computer cause the computer to process data.
(3) "Computer" means an internally programmed, automatic device that performs data
processing.
(4) "Computer software" means a set of computer programs, procedures, and associated
documentation concerned with the operation of a computer system.
(5) "Computer system" means a set of related, connected or unconnected, computer
equipment, devices, or computer software.
(6) "Computer network" means a set of related, remotely connected devices and
communication facilities including more than one computer system with capability to transmit data among
them through communication facilities.
(7) "Computer system services" means providing a computer system or computer network
to perform useful work.
(8) "Property" means anything of value as defined in n1 s. 812.011 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.
(9) "Financial instrument" means any check, draft, money order, certificate of deposit,
letter of credit, bill of exchange, credit card, or marketable security.
(10) "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.
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. This exemption is subject to the
Open Government Sunset Review Act in accordance with s. 119.14.
(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.
815.05 Offenses against computer equipment or supplies.
(1) (a) 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 an
offense against computer equipment or supplies.
(b) 1. Except as provided in this paragraph, an offense against computer equipment
or supplies as provided in paragraph (a) is a misdemeanor of the first degree, punishable as provided in
s. 775.082 or s. 775.083.
2. 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 third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) (a) Whoever willfully, knowingly, and without authorization destroys, takes, injures, or
damages equipment or supplies used or intended to be used in a computer, computer system, or computer
network; or whoever willfully, knowingly, and without authorization destroys, injures, or damages any
computer, computer system, or computer network commits an offense against computer equipment or
supplies.
(b) 1. Except as provided in this paragraph, an offense against computer equipment
or supplies as provided in paragraph (a) is a misdemeanor of the first degree, punishable as provided in
s. 775.082 or s. 775.083.
2. If the damage to such computer equipment or supplies or to the computer,
computer system, or computer network is greater than $ 200 but less than $ 1,000, then the offender is
guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3. If the damage to such computer equipment or supplies or to the computer,
computer system, or computer network is $ 1,000 or greater, or if there is an interruption or impairment
of governmental operation or public communication, transportation, or supply of water, gas, or other public
service, 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.
815.06 Offenses against computer users.
(1) Whoever willfully, knowingly, and without authorization accesses or causes to be accessed any
computer, computer system, or computer network; or whoever willfully, knowingly, and without
authorization 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 commits an offense against computer users.
(2) (a) Except as provided in this subsection, an offense against computer users 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 purposes 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.
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.