The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: SB 340
INTRODUCER: Senator Yarborough
SUBJECT: Intentional Damage to Critical Infrastructure
DATE: January 9, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Cellon Stokes CJ Pre-meeting
2. RI
3. FP
I. Summary:
SB 340 creates s. 812.141, F.S., relating to the intentional damage of critical infrastructure. The
bill creates a new felony offense providing that a person who improperly tampers with critical
infrastructure for which the owner or operator thereof has employed measures that are designed
to exclude unauthorized persons, which may include measures such as fences, barriers, or guard
posts, commits a second degree felony. A second degree felony is punishable by up to 15 years
imprisonment and a fine of up to $10,000.
The bill defines the terms “improperly tampers” and “critical infrastructure.” “Improperly
tampers” means without permission or authority to do so, to change the physical location or the
physical condition of the property or any portion thereof, or otherwise knowingly and
intentionally move, deface, damage, or destroy the property or any portion thereof. “Critical
infrastructure is defined in the bill as any of the following:
An electrical power generation, transmission, or distribution facility, or a substation, a
switching station, or an electrical control center.
A chemical or rubber manufacturing or storage facility.
A mining facility.
A natural gas or compressed gas compressor station, storage facility, or natural gas or
compressed gas pipeline.
A liquid natural gas or propane gas terminal or storage facility with a capacity of 4,000
gallons or more.
Any portion of an aboveground oil or gas pipeline.
A wireless communications facility, including the tower, antennae, support structures, and all
associated ground-based equipment.
A water intake structure, water treatment facility, wastewater treatment plant, pump station,
or lift station.
A deepwater port or railroad switching yard.
REVISED: BILL: SB 340 Page 2
The bill provides for civil damages against a person who is found to have knowingly and
intentionally harmed critical infrastructure by virtue of having been convicted of the offense of
improperly tampering with critical infrastructure. The person is civilly liable:
To the utility, communication services provider, operator, or owner for damages in an
amount equal to three times the actual damage sustained by the utility, communication
services provider, operator, or owner due to any personal injury, wrongful death, or property
damage caused by the act.
For an amount equal to three times any claim made against the utility, communications
service provider, operator, or owner for any personal injury, wrongful death, or property
damage caused by the malfunction of the critical infrastructure resulting from the criminal
violation of tampering with critical infrastructure, whichever is greater.
Additionally, the bill provides that the prosecution for an offense committed before the bill is
effective, is not abated or affected by this act, and a statute that would be applicable but for this
act remains applicable to the prosecution.
The bill may have a positive indeterminate fiscal impact on the Department of Corrections. See
Section V. Fiscal Impact Statement.
The bill is effective July 1, 2024.
II. Present Situation:
Acts of Destruction against Utilities
The National Conference of State Legislatures (NCSL) suggests that states should be aware of
and be prepared for actual physical threats perpetrated by humans to energy infrastructure.
1
The
U.S. Department of Energy’s annual summary of Electric Emergency Incident and Disturbance
Reports indicates at least 25 reports were filed as actual physical attacks perpetrated by humans
in 2022, compared to six attacks in 2021.
2
A sample of the attacks to critical infrastructure throughout the country in the last few years
includes:
In September 2022, six separate incidents occurred at Duke Energy substations in Central
Florida.
3
1
The National Conference of State Legislatures, Human-Driven Physical Threats to Energy Infrastructure, updated May 22,
2023, available at www.ncsl.org/energy/human-driven-physical-threats-to-energy-infrastructure (last visited December 13,
2023).
2
Id.; U.S. Department of Energy, Office of Cybersecurity, Energy Security, & Emergency Response, Electric Disturbance
Events (OE-417) Annual Summaries, available at https://www.oe.netl.doe.gov/OE417_annual_summary.aspx (last visited
December 13, 2023).
3
USA TODAY, Attacks on power substations are growing. Why is the electric grid so hard to protect?, Dinah Voyles
Pulver, Grace Hauck, December 30, 2022, updated February 8, 2023, available at
https://www.usatoday.com/story/news/nation/2022/12/30/power-grid-attacks-increasing/10960265002/ (last visited
December 14, 2023). BILL: SB 340 Page 3
In December 2022, 40,000 customers in Monroe County, North Carolina, lost power due to
firearm attacks at two substations.
4
Additional such attacks – or at least thwarted plans to make them – to critical infrastructure
have also occurred in Oregon, South Carolina, and Washington.
5
Florida Criminal Laws that May Apply to Incidents Involving Intentional Damage of
Critical Infrastructure
Although there is no current Florida criminal offense of Intentional Damage of Critical
Infrastructure, under certain facts involving intentional damage to critical infrastructure, a person
may be charged under existing crimes. These crimes include, in part, the offense of trespass and
criminal mischief.
A person commits the crime of trespass on a property other than a structure or conveyance
6
if he
or she, without being authorized, licensed, or invited, willfully enters upon or remains in any
property other than a structure or conveyance:
As to which notice against entering or remaining is given, either by actual communication to
the offender or by posting, fencing, or cultivation; or
If the property is the unenclosed curtilage of a dwelling and the offender enters or remains
with the intent to commit an offense thereon, other than the offense of trespass.
Trespass on property other than a structure or conveyance is a first degree misdemeanor offense.
7
If the offender is armed with a firearm or other dangerous weapon during the commission of the
offense of trespass on property other than a structure or conveyance, he or she commits a third
degree felony.
8,9
A person commits the offense of criminal mischief if he or she willfully and maliciously injures
or damages by any means any real or personal property belonging to another, including, but not
limited to, the placement of graffiti thereon or other acts of vandalism thereto:
10
If the damage to such property is $200 or less, it is a misdemeanor of the second degree.
11
4
Utility Dive News, FBI called to investigate firearms attacks on Duke Energy substations in North Carolina; 40K without
power, Robert Walton, December 4, 2022, available at https://www.utilitydive.com/news/fbi-investigate-firearms-attacks-
duke-energy-substations-North-Carolina/637927/ (last visited December 14, 2023).
5
Koin News, Memo: Oregon, Washington substations intentionally attacked; Aim is ‘violent anti-government activity,’ Elise
Haas, December 6, 2022, available at https://www.koin.com/news/oregon/memo-oregon-washington-substations-
intentionally-attacked/ (last visited December 14, 2023); WLTX News 19, South Carolina lawmakers pass power grid
protections after attacks, Dominion Energy said the state had 12 of these incidents last year alone, Becky Budds, March 20,
2023, available at https://www.wltx.com/article/news/politics/state-lawmakers-pass-power-grid-protections/101-a3c290a8-
42f5-4915-94aa-533cfbed0db1 (last visited December 14, 2023).
6
Section 810.09, F.S.
7
A first degree misdemeanor is punishable by up to 1 year in the county jail and a $1,000 fine. Sections 775.082 and
775.083, F.S.
8
Section 810.09(2)(c), F.S.
9
A third degree felony is punishable by up to 5 years’ incarceration and a $5,000 fine. Sections 775.082 and 775.083, F.S.
10
Section 806.13, F.S.
11
Id. A second degree misdemeanor is punishable by up to 60 days in the county jail and a $500 fine. Sections 775.082 and
775.083, F.S. BILL: SB 340 Page 4
If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor
of the first degree.
12
If the damage is $1,000 or greater, or if there is interruption or impairment of a business
operation or public communication, transportation, supply of water, gas or power, or other
public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the
third degree.
13
Additionally, Florida law specifically criminalizes damage to certain telephone equipment. A
person who, without the consent of the owner thereof, willfully destroys or substantially
damages any public telephone, or telephone cables, wires, fixtures, antennas, amplifiers, or any
other apparatus, equipment, or appliances, which destruction or damage renders a public
telephone inoperative or which opens the body of a public telephone, commits a third degree
felony.
14
Current Florida Statutes Defining “Critical Infrastructure”
The term “critical infrastructure facility” is currently defined in two sections of Florida law.
In the context of protecting critical infrastructure from a drone’s flightpath, s. 330.41, F.S.,
defines a “critical infrastructure facility” as any of the following, if completely enclosed by a
fence or other physical barrier obviously designed to exclude intruders, or if clearly marked with
a sign or signs which indicate that entry is forbidden and which are posted on the property in a
manner reasonably likely to come to the attention of intruders:
A power generation or transmission facility, substation, switching station, or electrical
control center.
A chemical or rubber manufacturing or storage facility.
A water intake structure, water treatment facility, wastewater treatment plant, or pump
station.
A mining facility.
A natural gas or compressed gas compressor station, storage facility, or natural gas or
compressed gas pipeline.
A liquid natural gas or propane gas terminal or storage facility.
Any portion of an aboveground oil or gas pipeline.
A refinery.
A gas processing plant, including a plant used in the processing, treatment, or fractionation of
natural gas.
A wireless communications facility, including the tower, antennae, support structures, and all
associated ground-based equipment.
12
Id. A first degree misdemeanor is punishable by up to 1 year in the county jail and a $1,000 fine. Sections 775.082 and
775.083, F.S.
13
Id. A third degree felony is punishable by up to 5 years’ incarceration and a $5,000 fine. Sections 775.082 and 775.083,
F.S.
14
Id. A conspicuous notice of the provisions of this subsection and the penalties provided must be posted on or near the
destroyed or damaged instrument and visible to the public at the time of the commission of the offense. BILL: SB 340 Page 5
A seaport as listed in s. 311.09(1), F.S., which need not be completely enclosed by a fence or
other physical barrier and need not be marked with a sign or signs indicating that entry is
forbidden.
An inland port or other facility or group of facilities serving as a point of intermodal transfer
of freight in a specific area physically separated from a seaport.
An airport as defined in s. 330.27, F.S.
A spaceport territory as defined in s. 331.303(18), F.S.
A military installation as defined in 10 U.S.C. s. 2801(c)(4) and an armory as defined in
s. 250.01, F.S.
A dam as defined in s. 373.403(1), F.S., or other structures, such as locks, floodgates, or
dikes, which are designed to maintain or control the level of navigable waterways.
A state correctional institution as defined in s. 944.02, F.S., or a private correctional facility
authorized under ch. 957, F.S.
A secure detention center or facility as defined in s. 985.03, F.S., or a nonsecure residential
facility, a high-risk residential facility, or a maximum-risk residential facility as those terms
are described in s. 985.03(44), F.S.
A county detention facility as defined in s. 951.23, F.S.
A critical infrastructure facility as defined in s. 692.201, F.S.
15
In Part III, ch. 692.201, F.S., Conveyances to Foreign Entities, “critical infrastructure facility”
means any of the following, if it employs measures such as fences, barriers, or guard posts that
are designed to exclude unauthorized persons:
A chemical manufacturing facility.
A refinery.
An electrical power plant as defined in s. 403.031(20), F.S.
A water treatment facility or wastewater treatment plant.
A liquid natural gas terminal.
A telecommunications central switching office.
A gas processing plant, including a plant used in the processing, treatment, or fractionation of
natural gas.
A seaport as listed in s. 311.09, F.S.
A spaceport territory as defined in s. 331.303(18), F.S.
An airport as defined in s. 333.01, F.S.
16
Federal Law
Title 18 U.S.C.A. section 1366 is a current federal criminal law that applies in cases of damaging
the property of an energy facility.
17
15
The “Unmanned Aircraft Systems Act,” Section 330.41(1) and (2)(a)1.-20., F.S.
16
Section 692.201(2), F.S.
17
18 U.S.C. s. 1366(a), (b), and (d), provide: (a) Whoever knowingly and willfully damages or attempts or conspires to
damage the property of an energy facility in an amount that in fact exceeds or would if the attempted offense had been
completed, or if the object of the conspiracy had been achieved, have exceeded $100,000, or damages or attempts or
conspires to damage the property of an energy facility in any amount and causes or attempts or conspires to cause a
significant interruption or impairment of a function of an energy facility, shall be punishable by a fine under this title or
imprisonment for not more than 20 years, or both. BILL: SB 340 Page 6
“Energy facility” is defined as: “a facility that is involved in the production, storage,
transmission, or distribution of electricity, fuel, or another form or source of energy, or research,
development, or demonstration facilities relating thereto, regardless of whether such facility is
still under construction or is otherwise not functioning, except a facility subject to the
jurisdiction, administration, or in the custody of the Nuclear Regulatory Commission or an
interstate gas pipeline facility.”
18
III. Effect of Proposed Changes:
The bill creates s. 812.141, F.S., relating to the intentional damage to critical infrastructure. The
bill creates a new crime, providing that a person who “improperly tampers” with critical
infrastructure for which the owner or operator thereof has employed measures that are designed
to exclude unauthorized persons, which may include measures such as fences, barriers, or guard
posts, commits a second degree felony.
19
The bill defines the term “critical infrastructure” as any of the following:
An electrical power generation, transmission, or distribution facility, or a substation, a
switching station, or an electrical control center.
A chemical or rubber manufacturing or storage facility.
A mining facility.
A natural gas or compressed gas compressor station, storage facility, or natural gas or
compressed gas pipeline.
A liquid natural gas or propane gas terminal or storage facility with a capacity of 4,000
gallons or more.
Any portion of an aboveground oil or gas pipeline.
A wireless communications facility, including the tower, antennae, support structures, and all
associated ground-based equipment.
A water intake structure, water treatment facility, wastewater treatment plant, pump station,
or lift station.
A deepwater port or railroad switching yard.
The bill provides that the term “improperly tampers” means without permission or authority to
do so, to change the physical location or the physical condition of the property or any portion
thereof, or otherwise knowingly and intentionally move, deface, damage, or destroy the property
or any portion thereof.
(b) Whoever knowingly and willfully damages or attempts to damage the property of an energy facility in an amount that in
fact exceeds or would if the attempted offense had been completed have exceeded $5,000 shall be punishable by a fine under
this title, or imprisonment for not more than five years, or both....
(d) Whoever is convicted of a violation of subsection (a) or (b) that has resulted in the death of any person shall be subject to
imprisonment for any term of years or life.
18
18 U.S.C. s. 1366(c)
19
A second degree felony is punishable by up to 15 years imprisonment and a fine of up to $10,000. Sections 775.082,
775.083, or 775.084, F.S. BILL: SB 340 Page 7
The bill provides for civil damages against a person who is found to have knowingly and
intentionally harmed critical infrastructure by virtue of having been convicted of the offense of
improperly tampering with critical infrastructure. The person is civilly liable:
To the utility, communication services provider, operator, or owner for damages in an
amount equal to three times the actual damage sustained by the utility, communication
services provider, operator, or owner due to any personal injury, wrongful death, or property
damage caused by the act.
For an amount equal to three times any claim made against the utility, communications
service provider, operator, or owner for any personal injury, wrongful death, or property
damage caused by the malfunction of the critical infrastructure resulting from the criminal
violation of tampering with critical infrastructure, whichever is greater.
Additionally, the bill states that a prosecution for an offense committed before this bill is
effective, is not abated or affected by this act, and a statute that would be applicable but for this
act remains applicable to the prosecution.
The bill becomes effective July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None. BILL: SB 340 Page 8
C. Government Sector Impact:
The Office of Economic and Demographic Research has provided a preliminary proposed
estimate which determines that the bill may have a positive indeterminate fiscal impact
on the Department of Corrections. A positive indeterminate fiscal impact means that the
number of prison beds that may result from the bill is unquantifiable at this time.
20
VI. Technical Deficiencies:
None.
VII. Related Issues:
There are sources of energy produced in Florida that may not be included in the definition of
critical infrastructure created in the bill. For example, the 2022 State of Florida Energy Sector
Risk Profile recognizes that 65 wind or solar plants existed in Florida at the time of the report in
2021.
21
Section 2 of the bill appears to be current law. If a person commits a criminal offenses such as
criminal mischief or trespass on the property of an electrical power generation facility as defined
in the bill, prior to the effective date of the bill, those crimes are not affected by the new crime
created in the bill. The new felony offense of improperly tampering with critical infrastructure,
which becomes effective July 1, 2024, only applies to behavior committed on or after July 1,
2024.
VIII. Statutes Affected:
This bill creates section 812.141 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
20
Office of Economic and Demographic Research, SB340 Preliminary Estimate (on file with the Senate committee for
Criminal Justice).
21
U.S. Department of Energy; Cybersecurity, Energy Security, and Emergency Response; State of Florida Energy Sector
Risk Profile, March 2021; available at https://www.energy.gov/sites/default/files/2021-
09/Florida%20Energy%20Sector%20Risk%20Profile.pdf (last visited December 15, 2023).