SB 340 — Offenses Involving Critical Infrastructure

Florida Senate - 2024 CS for CS for SB 340 580-02606-24 2024340c2 l.

m.13.

n.14.

A civilian defense industrial base conducting research and development of military weapons systems, subsystems, components, or parts.

o.

p.15.

(b) “Improperly tampers” means to knowinglyintentionally and intentionallyPage cause,2 or attempt to cause, a significant interruption or impairment of a5 functionCODING: of critical infrastructure by:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 340 591-02005-24 2024340c1 knowingly 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 criticalproperty, infrastructure, or any portion thereof, without permission or authority to do so;

Otherwise moving, damaging, or destroying the criticalproperty infrastructure or any portion thereof, without permission or authority to do so;

AccessingThe withoutunauthorized authorization,access, introducingintroduction of malware, or taking any other action that compromises the integrity or availability of the critical infrastructure’s digital systems.

(c)(2) “LinearA asset”person meanswho anyimproperly electrictampers distributionwith critical infrastructure for which the owner or transmissionoperator asset,thereof gashas distributionemployed measures that are designed to exclude unauthorized persons, which may include physical or transmissiondigital pipeline,measures, communicationsuch wirelines,as fences, barriers, or railway,guard posts, or identity and anyaccess attachmentsmanagement, Pagefirewalls, 3virtual private networks, encryption, multi-factor authentication, passwords, or other cybersecurity systems and controls, and such improper tampering results in damage that is $200 or greater to critical infrastructure, commits a felony of 5the CODING:second degree, punishable as provided in s.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for CS for SB 340 580-02606-24 2024340c2 thereto.

(2) 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 felony of the second degree, punishable as provided in s.

(3) A person who is found in a civil action to have improperly tampered with critical infrastructure based on a conviction forof a violation of subsection (2) is liable to the owneroperator or operatorowner of the critical infrastructure for damages in an amount equal to three times the actual damage sustained by the owneroperator or operatorowner due to any property damage, personal injury, or wrongful death, or property damage caused by the act or an amount equal toPage three3 times any claim made against the owner or operator for any property damage, personal injury, or wrongful death caused by the malfunction of the5 criticalCODING: infrastructure resulting from the act, whichever is greater.

(4) A person commits the offense of trespass on critical infrastructure, a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084, if he or she 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, fencing, or cultivation as described in s.

810.011.

(5)(a) A person who willfully, knowingly, and without authorization gains access to a computer, a computer system, a Page 4 of 5 CODING:

Florida Senate - 2024 CS for CS for SB 340 580-02606-24591-02005-24 2024340c22024340c1 computerto network,three ortimes anany electronicclaim devicemade thatagainst isthe owned,operator operated, or usedowner byfor any criticalpersonal infrastructureinjury, entitywrongful whiledeath, knowingor thatproperty suchdamage accesscaused isby unauthorizedthe commitsmalfunction a felony of the thirdcritical degree,infrastructure punishableresulting asfrom providedthe inact, s.whichever is greater.

(4)(a) A 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 as provided in paragraph (b) commits the offense of trespass on critical infrastructure.

(b)1.

For physical critical infrastructure that is:

a.

One acre or less in area, a sign must be posted that appears prominently, in letters of not less than 2 inches in height, and reads in substantially the following manner:

“This area is a designated critical infrastructure facility and anyone who trespasses on this property commits a felony.” b.

More than one acre in area, signs must be 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 must be placed at or near the intersection of any district canal right-of-way and a road right-of-way.

2.

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.

The signs, in letters of not less than 2 inches in height, must read in substantially the following manner:

“This area is a designated critical infrastructure facility and anyone who trespasses on this property commits a felony.” Page 4 of 5 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 340 591-02005-24 2024340c1 (c) A person who trespasses on physical critical infrastructure in violation of this subsection commits a felony of the third degree, punishable as provided in s.

(b)(5)(a) A person who willfully, knowingly, and without authorization physicallygains tampersaccess with,to 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 thatowned, causesoperated, aor disruptionused inby any servicecritical deliveredinfrastructure byentity anywhile criticalknowing infrastructurethat such access is unauthorized commits a felony of the secondthird degree, punishable as provided in s.

(c)(b) ForA purposesperson ofwho thisphysically subsection,tampers thewith, termsinserts “computer,”a “computercomputer system,”contaminant “computerinto, network,”or andotherwise “electronictransmits device”commands haveor 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 samesecond meaningsdegree, punishable as provided in s.

815.03.775.082, s.

775.083, or s.

775.084.