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. >>
