THE FLORIDA COMPUTER CRIMES ACT



Chapter 815. FLORIDA STATUTES
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 alteration or
     destruction of computerized information for 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.


Florida Computer Crimes Act Cont

6.   "Computer network" means a set of related, remotely
     connected devices and communication facilities including more
     than one computer system with the 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,
     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.--

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


Florida Computer Crimes Act Cont.

          or executing any scheme or artifice to defraud or to
          obtain any property, then the offender is guilty of a
          felony in 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, S.775.083, or S.775.084.
                                     
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 in 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.

       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 



Florida Computer Crimes Act Cont.

     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 is Not Exclusive.--


     The provision 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 be applied to any transaction which violates this
     chapter, unless such provision is inconsistent with the terms
     of this chapter.