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TUCoPS :: Cyber Law :: florida.txt

Florida Computer Crime Law





                        WEST'S FLORIDA STATUTES ANNOTATED
               COPR. (c) WEST 1990  No Claim to Orig. Govt. Works
                               TITLE XLVI.  CRIMES
                      CHAPTER 815. COMPUTER-RELATED CRIMES

 West's F. S. A. T. XLVI, Ch. 815, Refs & Annos
 FL ST T. XLVI, Ch. 815, Refs & Annos

 815.01. Short title

  The provisions of this act shall be known and may be cited as the "Florida
 COMPUTER CRIMES Act."

 CR01

                           1990 Pocket Part Credit(s)

 CR01 Added by Laws 1978, c. 78-92, s 1, eff. Aug. 1, 1978.

  << For additional credits, if any, see Historical Note field. >>

 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.

 CR01

                           1990 Pocket Part Credit(s)

 CR01 Added by Laws 1978, c. 78-92, s 1, eff. Aug. 1, 1978.

  << For additional credits, if any, see Historical Note field. >>

 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 s. 812.011 [FN1PP] 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.

 CR01

  [FN1PP] See Reviser's Note--1989.

                           1990 Pocket Part Credit(s)

 CR01 Added by Laws 1978, c. 78-92, s 1, eff. Aug. 1, 1978.

  << For additional credits, if any, see Historical Note field. >>

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

                              Reviser's Note--1989:

  Repealed by s. 16, ch. 77-342.  Note, however, that generally a specific
 cross-reference is unaffected by subsequent amendments to or repeal of the
 statute.  * * * *

 815.04. Offenses against intellectual property

  (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) 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.

 CR01

                           1990 Pocket Part Credit(s)

 CR01 Added by Laws 1978, c. 78-92, s 1, eff. Aug. 1, 1978.

  << For additional credits, if any, see Historical Note field. >>

 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, s. 775.083, or s. 775.084.
 [FN1PP]
  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, s. 775.083, or s. 775.084.
 [FN1PP]
  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.

 CR01

  [FN1PP] Section 775.084 was amended by Laws 1988, c. 88-131, s 6, deleting all
   reference to misdemeanors.

                           1990 Pocket Part Credit(s)

 CR01 Added by Laws 1978, c. 78-92, s 1, eff. Aug. 1, 1978.

  << For additional credits, if any, see Historical Note field. >>

 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.

 CR01

                           1990 Pocket Part Credit(s)

 CR01 Added by Laws 1978, c. 78-92, s 1, eff. Aug. 1, 1978.

  << For additional credits, if any, see Historical Note field. >>

 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.

 CR01

                           1990 Pocket Part Credit(s)

 CR01 Added by Laws 1978, c. 78-92, s 1, eff. Aug. 1, 1978.

  << For additional credits, if any, see Historical Note field. >>



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