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 Regulated Industries
BILL: CS/CS/SB 340
INTRODUCER: Criminal Justice Committee and Senator Yarborough
SUBJECT: Intentional Damage to Critical Infrastructure
DATE: January 31, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Cellon Stokes CJ Fav/CS
2. Schrader Imhof RI Fav/CS
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 340 creates s. 812.141, F.S., relating to the intentional damage of, or trespass upon,
certain utility, transportation, storage, mining, manufacturing, and other facilities designated to
be critical infrastructure. The bill creates new felony offenses and provides for civil liability to
the owner or operator of critical infrastructure if a person is found to have improperly tampered
with critical infrastructure based on a conviction for one of the crimes created by the bill.
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, and such
improper tampering results in damage that is $200 or greater to critical infrastructure, commits a
felony of the second degree, punishable by up to 15 years’ imprisonment and a $10,000 fine.
A person who physically tampers with, inserts a computer contaminant into, or otherwise
transmits commands or electronic communications to a computer, computer system, computer
network, or electronic device that causes a disruption in any service delivered by any critical
infrastructure commits a felony of the second degree, punishable by up to 15 years’
imprisonment and a $10,000 fine.
A person who willfully, knowingly, and without authorization gains access to a computer,
computer system, computer network, or electronic device owned, operated, or used by any
critical infrastructure entity, while knowing that such access is unauthorized commits a felony of
the third degree, punishable by up to 5 years’ imprisonment and a $5,000 fine.
REVISED: BILL: CS/CS/SB 340 Page 2
Any person who, without being authorized, licensed, or invited, willfully enters upon or remains
on a physical critical infrastructure as to which notice against entering or remaining in is given,
commits the offense of trespass on a critical infrastructure, a third degree felony punishable by
up to 5 years’ imprisonment and a $5,000 fine. The bill specifies the manner in which notice
must be given against trespass on a critical infrastructure based on the size of the property and
includes signage requirements.
The bill may have a positive indeterminate fiscal impact on the Department of Corrections. The
bill creates additional felony offenses not taken into account since the preliminary estimate
provided by the Office of Economic and Demographic Research. 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 in electric utilities
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
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
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 Jan. 30, 2024).
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 Jan
26, 2024).
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 Jan. 26,
2024).
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 Jan. 30, 2024).
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 Jan. 26, 2024); 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, BILL: CS/CS/SB 340 Page 3
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, a person may be charged under existing crimes for such
damage. 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 if that
person, 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.
6
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 or other acts of vandalism:
10
If the damage to such property is $200 or less, it is a misdemeanor of the second degree.
11
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 telecommunications
equipment. A person who, without the consent of the owner thereof, willfully destroys or
available at https://www.wltx.com/article/news/politics/state-lawmakers-pass-power-grid-protections/101-a3c290a8-42f5-
4915-94aa-533cfbed0db1 (last visited Jan. 26, 2024).
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.
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. BILL: CS/CS/SB 340 Page 4
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
Section 815.061, F.S., also provides penalties for computer-related crimes against public
utilities.
15
The section provides willfully, knowingly, and without authorization:
Gaining access to a computer, computer system, computer network, or electronic device
owned, operated, or used by a public utility while knowing that such access is unauthorized,
is a felony of the third degree.
16
Physically tampering with, inserting a computer contaminant into, or otherwise transmitting
commands or electronic communications to a computer, computer system, computer
network, or electronic device that causes a disruption in any service delivered by a public
utility, is a felony of the second degree.
17
Section 815.06, F.S., is also the general cyber-crime statute for Florida. The section provides that
it is unlawful to willfully, knowingly, and without authorization or exceeding authorization to:
Access or cause to be accessed any computer, computer system, computer network, or
electronic device with knowledge that such access is unauthorized or the manner of use
exceeds authorization;
Disrupt or deny or cause the denial of the ability to transmit data to or from an authorized
user of a computer, computer system, computer network, or electronic device, which, in
whole or in part, is owned by, under contract to, or operated for, on behalf of, or in
conjunction with another;
Destroy, take, injure, or damage equipment or supplies used or intended to be used in a
computer, computer system, computer network, or electronic device;
Destroy, injure, or damage any computer, computer system, computer network, or electronic
device;
Introduce any computer contaminant into any computer, computer system, computer
network, or electronic device; or
Engage in audio or video surveillance of an individual by accessing any inherent feature or
component of a computer, computer system, computer network, or electronic device,
including accessing the data or information of a computer, computer system, computer
network, or electronic device that is stored by a third party.
18
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.
15
“Public utility” for this provision means the same as in s. 366.02, F.S. Under s. 366.02, F.S., a “public utility” is defined
“as every person, corporation, partnership, association, or other legal entity and their lessees, trustees, or receivers supplying
electricity or gas (natural, manufactured, or similar gaseous substance) to or for the public within this state.” There are,
however, several exceptions to this definition, which include, “a cooperative now or hereafter organized and existing under
the Rural Electric Cooperative Law of the state; a municipality or any agency thereof; [and] any dependent or independent
special natural gas district.” Generally, “public utility” means investor-owned utilities.
16
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.
17
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, and 775.084, F.S.
18
Section 815.06(2), F.S. BILL: CS/CS/SB 340 Page 5
Penalties for violations of s. 815.06, F.S., range from a felony of the third degree
19
to a felony of
the first degree,
20
depending on the unlawful act and the severity of the unlawful act.
21
Section
815.06(4), F.S., also provides that “a person who willfully, knowingly, and without authorization
modifies equipment or supplies used or intended to be used in a computer, computer system,
computer network, or electronic device commits a misdemeanor of the first degree.”
22
Civil
remedies are also provided under the section.
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.
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.
19
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.
20
A first degree felony is punishable by up to 30 years’ incarceration or, when specifically provided by statute, by
imprisonment for a term of years not exceeding life imprisonment, and a $10,000 fine (or $15,000 for a life felony). Sections
775.082 and 775.083, F.S.
21
Section 815.06(3), F.S.
22
Section 815.06(4), F.S. BILL: CS/CS/SB 340 Page 6
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.
23
In Part III, ch. 692, F.S., Conveyances to Foreign Entities, “critical infrastructure facility” means
any of the following, if the facility 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.
24
Federal Law
Energy Industry
Title 18 U.S.C. s. 1366 is a current federal criminal law that applies in cases of damaging the
property of an energy facility.
25
The penalty for a violation of this section is a fine and
imprisonment for up to 20 years. If such a violation results in the death of a person, the penalty
can rise to a term of life.
23
The “Unmanned Aircraft Systems Act,” Section 330.41(1) and (2)(a)1.-20., F.S.
24
Section 692.201(2), F.S.
25
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.
(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. BILL: CS/CS/SB 340 Page 7
“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.
26
Natural Gas Industry
Title 49 U.S.C. s. 60123(b), provides penalties “for knowingly and willfully damaging or
destroying an interstate gas pipeline facility, an interstate hazardous liquid pipeline facility, or
either an intrastate gas pipeline facility or intrastate hazardous liquid pipeline facility that is used
in interstate or foreign commerce or in any activity affecting interstate or foreign commerce, or
attempting or conspiring to do such an act.” Such an act is punishable by a under the U.S.
criminal code, imprisonment for not more than 20 years, or both; and, if death results to any
person from such an act, imprisonment of a “term of years or for life.”
Public Water Systems
Title 42 U.S.C. s. 300i–1 provides penalties for tampering with public water systems. The
section defines “tampering” as:
Introducing a contaminant into a public water system with the intention of harming persons;
or
Otherwise interfering with the operation of a public water system with the intention of
harming persons.
27
The section provides for differing penalties:
Tampering with a water system: fine or imprisonment of not more than 20 years.
Attempting or threatening to tamper: fine or imprisonment of not more than 10 years.
The Administrator of the Environmental Protection Agency may also bring a civil action against
violators of the section, with civil penalties of not more than $1,000,000 for tampering and
$100,000 for attempts or threats to tamper.
28
Transportation Systems and Carriers
Title 18 U.S.C. s. 1992, provides penalties for terrorist attacks and other violence against railroad
carriers and against mass transportation systems on land, on water, or through the air. A person
who, under qualifying circumstances,
29
knowingly and without lawful authority or permission:
26
18 U.S.C. s. 1366(c)
27
42 U.S.C. s. 300i–1(d).
28
42 U.S.C. s. 300i–1(c).
29
The qualifying circumstances are that any “of the conduct required for the offense is, or, in the case of an attempt, threat, or
conspiracy to engage in conduct, the conduct required for the completed offense would be, engaged in, on, against, or
affecting a mass transportation provider, or a railroad carrier engaged in interstate or foreign commerce,” or traveling or
communicating across a state line to commit the offense, or transporting materials across a state line in aid of the offense. 18
U.S.C. s. 1992(c). BILL: CS/CS/SB 340 Page 8
Wrecks, derails, sets fire to, or disables railroad on-track equipment or a mass transportation
vehicle;
Places any biological agent or toxin, destructive substance, or destructive device in, upon, or
near railroad on-track equipment or a mass transportation vehicle with intent to endanger the
safety of any person, or with a reckless disregard for the safety of human life;
Sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or
places any biological agent or toxin, destructive substance, or destructive device in, upon, or
near:
o Certain railroad carrier facilities, and with intent to, or knowing or having reason to
know, such activity would likely derail, disable, or wreck railroad on-track equipment; or
o Certain structures or facilities used in the operation of, or in support of the operation of, a
mass transportation vehicle, and with intent to, or knowing or having reason to know
such activity would likely, derail, disable, or wreck a mass transportation vehicle used,
operated, or employed by a mass transportation provider;
Places or releases a hazardous material or a biological agent or toxin on or near any railroad
carrier or mass transportation property described above, with intent to endanger the safety of
any person; or with reckless disregard for the safety of human life or commits an act,
including the use of a dangerous weapon, with the intent to cause death or serious bodily
injury to any person who is on railroad carrier or mass transportation property described
above;
Removes an appurtenance from, damages, or otherwise impairs the operation of a railroad
signal system or mass transportation signal or dispatching system, including a train control
system, centralized dispatching system, or highway-railroad grade crossing warning signal;
With intent to endanger the safety of any person, or with a reckless disregard for the safety of
human life, interferes with, disables, or incapacitates any dispatcher, driver, captain,
locomotive engineer, railroad conductor, or other person while the person is employed in
dispatching, operating, controlling, or maintaining railroad on-track equipment or a mass
transportation vehicle;
Surveils, photographs, videotapes, diagrams, or otherwise collects information with the intent
to plan or assist in planning any of the acts described above;
Conveys false information, knowing the information to be false, concerning an attempt or
alleged attempt to engage acts above; or
Attempts, threatens, or conspires to engage in any violation of any of the acts above.
Such acts are punishable by fine and imprisonment of not more than 20 years, or both; and, if
death results to any person from certain above acts, imprisonment of a “term of years or for life.”
Certain aggravated violations of 18 U.S.C. s. 1992, can result in a term of life or be a capital
offense.
National Defense
Title 18 U.S. Code s. 2155 provides penalties for destruction of national-defense materials,
national-defense premises, or national-defense utilities. Under the section, a person who acts
with “intent to injure, interfere with, or obstruct the national defense of the United States,
willfully injures, destroys, contaminates or infects, or attempts to so injure, destroy, contaminate
or infect any national-defense material, national-defense premises, or national-defense utilities” BILL: CS/CS/SB 340 Page 9
may be fined and “imprisoned not more than 20 years, or both, and, if death results to any
person, shall be imprisoned for any term of years or for life.”
III. Effect of Proposed Changes:
The bill creates s. 812.141, F.S., relating to the intentional damage to and trespass upon critical
infrastructure.
The bill defines the term “critical infrastructure” as any of the following:
Any linear asset;
30
or
Any of the following for which the owner or operator thereof has employed physical or
digital measures designed to exclude unauthorized persons, including, but not limited to,
fences, barriers, guard posts, identity and access management, firewalls, virtual private
networks, encryption, multifactor authentication, passwords, or other cybersecurity systems
and controls:
o An electric power generation, transmission, or distribution facility, or a substation, a
switching station, or an electrical control center.
o A chemical or rubber manufacturing or storage facility.
o A mining facility.
o A natural gas or compressed gas compressor station, storage facility, or pipeline.
o A gas processing plant, including a plant used in the processing, treatment, or
fractionation of natural gas.
o A liquid natural gas or propane gas terminal or storage facility with a capacity of 4,000
gallons or more.
o Any portion of an aboveground oil or gas pipeline.
o A wireless or wired communications network, including the tower, antennae, support
structures, and all associated ground-based equipment, including equipment intended to
provide communications to governmental entities, including, but not limited to, law
enforcement agencies, fire emergency medical services, emergency management
agencies, or any other governmental entity.
o A water intake structure, water treatment facility, wastewater treatment plant, pump
station, or lift station.
o A deepwater port, railroad switching yard, airport, trucking terminal, or other freight
transportation facility.
o A facility used for the operation, landing, takeoff, or surface maneuvering of vehicles,
aircraft, or spacecraft.
o A transmission facility used by a federally licensed radio or television station.
o A military base or military facility conducting research and development of military
weapons systems, subsystems, components, or parts.
o A civilian defense industrial base conducting research and development of military
weapons systems, subsystems, components, or parts.
o Cyber or virtual assets, including electronic systems, networks, servers, data centers,
devices, hardware, software, or data that are essential to the reliable operations,
monitoring, and security of any critical infrastructure.
30
As used in this provision, “linear asset” means an “electric distribution or transmission asset, gas distribution or
transmission pipeline, communication wirelines, or railway, and any attachments thereto.” BILL: CS/CS/SB 340 Page 10
o Dams and other water control structures.
The term “improperly tampers” as used in the bill means to knowingly and intentionally cause,
or attempt to cause, a significant interruption or impairment of a function of critical
infrastructure by:
Changing the physical location or physical or virtual condition of the critical infrastructure,
or any portion thereof, without permission or authority to do so;
Otherwise moving, damaging, or destroying the critical infrastructure or any portion thereof,
without permission or authority to do so; or
Accessing without authorization, introducing malware, or taking any other action that
compromises the integrity or availability of the critical infrastructure’s digital systems..
The bill provides that a person who “improperly tampers” with critical infrastructure resulting in
damage to critical infrastructure that is $200 or more or in the interruption or impairment of the
function of critical infrastructure which costs $200 or more in labor and supplies to restore
commits a second degree felony.
31
The bill provides for civil damages against a person who is found to have improperly tampered
with critical infrastructure based on a conviction for improperly tampering with critical
infrastructure. The person is civilly liable to the owner or operator of the critical infrastructure
for damages in an amount equal to three times the actual damage sustained by the owner or
operator due to any property damage, personal injury, or wrongful death, caused by the act or an
amount equal to three times any claim made against the owner or operator for any property
damage, personal injury, or wrongful death caused by the malfunction of the critical
infrastructure resulting from the act, whichever is greater.
Under the bill it is a third degree felony
32
for any person who, without being authorized,
licensed, or invited, willfully enters upon or remains on physical critical infrastructure as to
which notice against entering or remaining in is given, either by actual communication to the
offender or by posting,
33
fencing,
34
or cultivation
35
as described in s. 810.011, F.S.
31
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.
32
Id.
33
Section 810.011(5)(a), F.S., defines “posted land” as land upon which any of the following have been placed:
“Signs placed not more than 500 feet apart along and at each corner of the boundaries of the land or, for land owned
by a water control district that exists pursuant to chapter 298 or was created by special act of the Legislature, signs
placed at or near the intersection of any district canal right-of-way and a road right-of-way, which prominently
display in letters of not less than 2 inches in height the words “no trespassing” and the name of the owner, lessee, or
occupant of the land. The signs must be placed along the boundary line of posted land in a manner and in such
position as to be clearly noticeable from outside the boundary line;” or
“Conspicuous no trespassing notice is painted on trees or posts on the property,” subject to certain notice conditions.
34
Section 810.011(7), F.S., defines “fenced land” as “land which has been enclosed by a fence of substantial construction,
whether with rails, logs, post and railing, iron, steel, barbed wire, other wire, or other material, which stands at least 3 feet in
height.”
35
Section 810.011(6), F.S., defines “cultivated land” as “land which has been cleared of its natural vegetation and is
presently planted with a crop, orchard, grove, pasture, or trees or is fallow land as part of a crop rotation.” BILL: CS/CS/SB 340 Page 11
The bill provides that a person who willfully, knowingly, and without authorization gains access
to a computer, computer system, computer network, or electronic device
36
owned, operated, or
used by any critical infrastructure entity, while knowing that such access is unauthorized,
commits a third degree felony.
37
Additionally, a person who willfully, knowingly, and without authorization physically tampers
with, inserts a computer contaminant into, or otherwise transmits commands or electronic
communications to a computer, computer system, computer network, or electronic device
38
that
causes a disruption in any service delivered by any critical infrastructure commits a second
degree felony.
39
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.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
36
As used in this provision, the terms “computer,” “computer system,” “computer network,” and “electronic device” have the
same meanings as in s. 815.03, F.S.
37
A third degree felony is punishable by up to 5 years’ imprisonment and a $5,000 fine.
38
As used in this provision, the terms “computer,” “computer system,” “computer network,” and “electronic device” have the
same meanings as in s. 815.03, F.S.
39
Id. BILL: CS/CS/SB 340 Page 12
B. Private Sector Impact:
None.
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.
40
However, the CS created additional felony offenses (which were subsequently amended
by the CS/CS) that may affect the preliminary proposed estimate.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 812.141 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Criminal Justice on January 10, 2024:
The committee substitute:
Amends the definition of “improperly tampers,” to clarify that a person must
intentionally and knowingly cause, or attempt to cause, a significant interruption or
impairment of a function of critical infrastructure by:
o Changing the physical or virtual condition of the property without authorization;
or
o The unauthorized access, introduction of malware, or any action that
compromises the integrity or availability of the critical infrastructure’s digital
systems.
Requires proof of resulting damage of $200 or greater if the owner or operator has
taken measures to exclude unauthorized persons to prove the second degree felony
crime of improperly tampering with critical infrastructure existing in the original bill.
Expands the list of measures designed to exclude unauthorized persons.
40
Office of Economic and Demographic Research, SB340 Preliminary Estimate (on file with the Senate committee for
Criminal Justice). BILL: CS/CS/SB 340 Page 13
Creates an additional second degree felony for physically tampering, etc., with a
computer, computer system, computer network, or electronic device that causes a
disruption in any service delivered by any critical infrastructure.
Creates a third degree felony of trespass on a critical infrastructure, and specifies the
requirements that constitute notice against entering or remaining in a physical critical
infrastructure.
Creates a new third degree felony, for willfully, knowingly, and without authorization
gaining access to a computer, etc., owned, operated, or used by any critical
infrastructure entity, while knowing that such access is unauthorized.
Provides for civil damages against a person who is found to have improperly
tampered with critical infrastructure.
Expands the definition of “critical infrastructure” by including additional facilities,
etc.
Removes Section 2. of the bill.
Makes technical changes.
CS by Regulated Industries on January 29, 2024
Revises the definition of “critical infrastructure” to include all linear assets.
For other types of critical infrastructure identified in the bill, the amendment also
requires that, to be critical infrastructure, facility in question must be one for which
the owner or operator thereof has employed physical or digital measures designed to
exclude unauthorized persons, including, but not limited to, fences, barriers, guard
posts, identity and access management, firewalls, virtual private networks,
encryption, multifactor authentication, passwords, or other cybersecurity systems and
controls. The amendment adds to this type of facilities all types of pipelines (the
underlying bill only included natural gas and compressed gas pipelines); spacecraft;
and civilian defense industrial base conducting research and development of military
weapons systems, subsystems, components, or parts.
Creates a definition for “linear asset,” “computer,” “computer system,” “computer
network,” and “electronic device.”
Revises what constitutes tampering with critical infrastructure to remove a provision
that the owner or operator thereof has employed measures that are designed to
exclude unauthorized persons, which may include physical or digital measures, such
as fences, barriers, or guard posts, or identity and access management, firewalls,
virtual private networks, encryption, multi-factor authentication, passwords, or other
cybersecurity systems and controls, and such improper tampering results.
Revises what constitutes trespass on critical infrastructure to make it when a person
willfully enters upon or remains on physical critical infrastructure as to which notice
against entering or remaining in is given, either by actual communication to the
offender or by posting, fencing, or cultivation as described in s. 810.011, F.S.
Requires that for a person to have violated the provision regarding tampers with,
inserts a computer contaminant into, or otherwise transmits commands or electronic
communications to, a computer, a computer system, a computer network, or an
electronic device that causes a disruption in any service that they have done so
willfully, knowingly, and without authorization. BILL: CS/CS/SB 340 Page 14
Makes technical changes.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.