Senate Bill sb0144er

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  1

  2         An act relating to computer crimes; amending s.

  3         827.071, F.S.; revising the definition of

  4         "sexual conduct"; amending s. 847.001, F.S.;

  5         revising and adding definitions; amending s.

  6         847.0135, F.S.; revising the "Computer

  7         Pornography and Child Exploitation Act of 1986"

  8         to clarify certain penalties; creating s.

  9         847.0137, F.S.; prohibiting transmissions of

10         child pornography and any image, information,

11         or data harmful to minors; providing penalties;

12         creating s. 847.0138, F.S.; prohibiting

13         transmission of material harmful to minors by

14         electronic device or equipment; providing

15         definitions; providing penalties; creating s.

16         847.0139, F.S.; providing immunity from civil

17         liability for reporting child pornography,

18         transmission of child pornography, or unlawful

19         transmission of any image, information, or data

20         harmful to minors; amending s. 905.34, F.S.;

21         providing jurisdiction of the statewide grand

22         jury over offenses relating to computer

23         pornography, child exploitation, or violations

24         of s. 847.0135, F.S.; providing severability;

25         amending s. 815.03, F.S.; providing

26         definitions; repealing s. 815.05, F.S.,

27         relating to definitions; amending s. 815.06,

28         F.S.; creating offenses against computer

29         equipment or supplies, computers, computer

30         system, and computer networks; providing

31         penalties; amending s. 16.56, F.S., adding


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  1         violations of computer and computer-related

  2         crimes under chapter 815, F.S., expanding

  3         prosecutorial jurisdiction of the Office of

  4         Statewide Prosecution; amending s. 905.34,

  5         F.S.; expanding subject matter jurisdiction of

  6         the statewide grand jury to include violations

  7         of computer and computer-related crimes under

  8         chapter 815, F.S.; providing effective dates.

  9

10         WHEREAS, The Florida Information Service Technology

11  Development Task Force found and recommended that, while the

12  development of information technology is a rapidly expanding

13  enterprise and the issue of transmission of adult and child

14  pornography is difficult to resolve, legislation should be

15  enacted to address the following situations:  where a person

16  in or outside of the State of Florida knowingly transmits any

17  type of pornography to a minor in Florida, a crime has

18  occurred and the State of Florida has jurisdiction; where a

19  person in the State of Florida transmits child pornography to

20  anyone in or outside the State of Florida a crime has occurred

21  and the State of Florida has jurisdiction; and where a person

22  outside the State of Florida knowingly transmits child

23  pornography to any person in the State of Florida, a crime has

24  occurred and the State of Florida has jurisdiction, and

25         WHEREAS, the task force also recommended that

26  legislation be enacted that, while not mandating that a person

27  report child pornography, the transmission of child

28  pornography, or the unlawful transmission of any image,

29  information, or data that is harmful to minors, would grant

30  civil immunity to any person who reports to any law

31  enforcement officer what he or she reasonably believes to be


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  1  evidence of child pornography, the transmission of child

  2  pornography, or the unlawful transmission of any image,

  3  information, or data harmful to any minor in this state, and

  4         WHEREAS, the Legislature agrees with the foregoing

  5  findings, conclusions, and recommendations of the task force,

  6  and finds that legislation enacting the recommendations would

  7  facilitate apprehension of persons who transmit child

  8  pornography or improperly transmit images harmful to minors

  9  while protecting persons from arrest based on unsubstantiated

10  or false accusations or statements or the submission of

11  falsified evidence by the person reporting the transmission,

12  and

13         WHEREAS, the Legislature further finds that the use of

14  minors in pornographic images is harmful to the physiological,

15  emotional, mental, and social well-being of minors and that

16  the dissemination of such images results in subjecting the

17  minors who are the subject of such images to continuing

18  irreparable injury by creating a perpetual record of their

19  participation in pornographic acts, and

20         WHEREAS, the Legislature further finds that child

21  pornography and images, information, and data that are harmful

22  to minors are frequently used to entice minors to engage in

23  improper sexual activity, and the use of such means to entice

24  minors in Florida to engage in such sexual activity

25  irreparably harms their physiological, emotional, mental, and

26  social well-being, and

27         WHEREAS, the Legislature further finds that the advent

28  and growing use of the Internet and other electronic devices

29  has greatly facilitated transmission of child pornography and

30  images, information, and data that are harmful to minors, thus

31


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  1  subjecting minors in Florida to an ever-increasing likelihood

  2  of being victimized by the purveyors of such, and

  3         WHEREAS, the Legislature further finds that

  4  criminalizing the transmission of child pornography and the

  5  unlawful transmission of images, information, and data that

  6  are harmful to minors is an appropriate means of serving the

  7  state's compelling interest in protecting minors in Florida

  8  from suffering the irreparable harm they can experience from

  9  being subjected to participating in creating the images that

10  are included in such transmissions and from being subjected to

11  receiving the images that are included in such transmissions,

12  and

13         WHEREAS, the Legislature further finds that the First

14  Amendment would not be violated by legislation prohibiting the

15  transmission of child pornography or the transmission of

16  images harmful to minors to a minor in this state, and

17         WHEREAS, the Legislature further finds that deterring

18  and punishing the transmission of child pornography and images

19  harmful to minors can and should be accomplished by amending

20  the laws of this state, and

21         WHEREAS, the Legislature further finds that the laws of

22  this state may be amended to address jurisdictional concerns

23  regarding transmission of child pornography and transmission

24  of images, information, and data harmful to minors to a minor

25  in this state, as those concerns have already been addressed

26  by the Legislature regarding computer-solicitation offenses

27  against minors, and

28         WHEREAS, the Legislature further finds that the laws of

29  this state may be amended to grant civil immunity to any

30  person who reports to any law enforcement officer what he or

31  she reasonably believes to be child pornography, the


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  1  transmission of child pornography, or the transmission of

  2  images, information, and data that are harmful to minors to a

  3  minor in this state, NOW, THEREFORE,

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  Paragraph (g) of subsection (1) of section

  8  827.071, Florida Statutes, is amended to read:

  9         827.071  Sexual performance by a child; penalties.--

10         (1)  As used in this section, the following definitions

11  shall apply:

12         (g)  "Sexual conduct" means actual or simulated sexual

13  intercourse, deviate sexual intercourse, sexual bestiality,

14  masturbation, or sadomasochistic abuse; actual lewd exhibition

15  of the genitals; actual physical contact with a person's

16  clothed or unclothed genitals, pubic area, buttocks, or, if

17  such person is a female, breast, with the intent to arouse or

18  gratify the sexual desire of either party; or any act or

19  conduct which constitutes sexual battery or simulates that

20  sexual battery is being or will be committed.  A mother's

21  breastfeeding of her baby does not under any circumstance

22  constitute "sexual conduct."

23         Section 2.  Section 847.001, Florida Statutes, is

24  amended to read:

25         847.001  Definitions.--As When used in this chapter,

26  the term:

27         (1)  "Child pornography" means any image depicting a

28  minor engaged in sexual conduct.

29         (2)(1)  "Computer" means an electronic, magnetic,

30  optical, electrochemical, or other high-speed data processing

31  device performing logical, arithmetic, or storage functions


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  1  and includes any data storage facility or communications

  2  facility directly related to or operating in conjunction with

  3  such device. The term also includes: any on-line service,

  4  Internet service, or local bulletin board; any electronic

  5  storage device, including a floppy disk or other magnetic

  6  storage device; or any compact disc that has read-only memory

  7  and the capacity to store audio, video, or written materials.

  8         (3)(2)  "Deviate sexual intercourse" means sexual

  9  conduct between persons not married to each other consisting

10  of contact between the penis and the anus, the mouth and the

11  penis, or the mouth and the vulva.

12         (4)(3)  "Harmful to minors" means that quality of any

13  reproduction, imitation, characterization, description,

14  exhibition, presentation, or representation, of in whatever

15  kind or form, depicting of nudity, sexual conduct, or sexual

16  excitement when it:

17         (a)  Predominantly appeals to the prurient, shameful,

18  or morbid interest of minors;

19         (b)  Is patently offensive to prevailing standards in

20  the adult community as a whole with respect to what is

21  suitable material for minors; and

22         (c)  Taken as a whole, is without serious literary,

23  artistic, political, or scientific value for minors.

24

25  A mother's breastfeeding of her baby is not under any

26  circumstance "harmful to minors."

27         (5)(4)  "Minor" means any person under the age of 18

28  years.

29         (6)(5)  "Nudity" means the showing of the human male or

30  female genitals, pubic area, or buttocks with less than a

31  fully opaque covering; or the showing of the female breast


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  1  with less than a fully opaque covering of any portion thereof

  2  below the top of the nipple; or the depiction of covered male

  3  genitals in a discernibly turgid state.  A mother's

  4  breastfeeding of her baby does not under any circumstance

  5  constitute "nudity," irrespective of whether or not the nipple

  6  is covered during or incidental to feeding.

  7         (7)(6)  "Person" includes individuals, children, firms,

  8  associations, joint ventures, partnerships, estates, trusts,

  9  business trusts, syndicates, fiduciaries, corporations, and

10  all other groups or and combinations.

11         (8)(7)  "Obscene" means the status of material which:

12         (a)  The average person, applying contemporary

13  community standards, would find, taken as a whole, appeals to

14  the prurient interest;

15         (b)  Depicts or describes, in a patently offensive way,

16  sexual conduct as specifically defined herein; and

17         (c)  Taken as a whole, lacks serious literary,

18  artistic, political, or scientific value.

19

20  A mother's breastfeeding of her baby is not under any

21  circumstance "obscene."

22         (9)(8)  "Sadomasochistic abuse" means flagellation or

23  torture by or upon a person or animal, or the condition of

24  being fettered, bound, or otherwise physically restrained, for

25  the purpose of deriving sexual satisfaction, or satisfaction

26  brought about as a result of sadistic violence, from

27  inflicting harm on another or receiving such harm oneself.

28         (10)(9)  "Sexual battery" means oral, anal, or vaginal

29  penetration by, or union with, the sexual organ of another or

30  the anal or vaginal penetration of another by any other

31


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  1  object; however, "sexual battery" does not include an act done

  2  for a bona fide medical purpose.

  3         (11)(10)  "Sexual bestiality" means any sexual act

  4  between a person and an animal involving the sex organ of the

  5  one and the mouth, anus, or vagina of the other.

  6         (12)(11)  "Sexual conduct" means actual or simulated

  7  sexual intercourse, deviate sexual intercourse, sexual

  8  bestiality, masturbation, or sadomasochistic abuse; actual

  9  lewd exhibition of the genitals; actual physical contact with

10  a person's clothed or unclothed genitals, pubic area,

11  buttocks, or, if such person is a female, breast with the

12  intent to arouse or gratify the sexual desire of either party;

13  or any act or conduct which constitutes sexual battery or

14  simulates that sexual battery is being or will be committed.

15  A mother's breastfeeding of her baby does not under any

16  circumstance constitute "sexual conduct."

17         (13)(12)  "Sexual excitement" means the condition of

18  the human male or female genitals when in a state of sexual

19  stimulation or arousal.

20         (14)(13)  "Simulated" means the explicit depiction of

21  conduct described in subsection (12) (11) which creates the

22  appearance of such conduct and which exhibits any uncovered

23  portion of the breasts, genitals, or buttocks.

24         Section 3.  Subsection (2) of section 847.0135, Florida

25  Statutes, is amended to read:

26         847.0135  Computer pornography; penalties.--

27         (2)  COMPUTER PORNOGRAPHY.--A person who:

28         (a)  Knowingly compiles, enters into, or transmits by

29  use means of computer;

30         (b)  Makes, prints, publishes, or reproduces by other

31  computerized means;


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  1         (c)  Knowingly causes or allows to be entered into or

  2  transmitted by use means of computer; or

  3         (d)  Buys, sells, receives, exchanges, or disseminates,

  4

  5  any notice, statement, or advertisement of, or any minor's

  6  name, telephone number, place of residence, physical

  7  characteristics, or other descriptive or identifying

  8  information, for purposes of facilitating, encouraging,

  9  offering, or soliciting sexual conduct of or with any minor,

10  or the visual depiction of such conduct, commits a felony of

11  the third degree, punishable as provided in s. 775.082, s.

12  775.083, or s. 775.084. The fact that an undercover operative

13  or law enforcement officer was involved in the detection and

14  investigation of an offense under this section shall not

15  constitute a defense to a prosecution under this section. Any

16  person who violates the provisions of this subsection commits

17  a felony of the third degree, punishable as provided for in s.

18  775.082, s. 775.083, or s. 775.084.

19         Section 4.  Section 847.0137, Florida Statutes, is

20  created to read:

21         847.0137  Transmission of pornography by electronic

22  device or equipment prohibited; penalties.--

23         (1)  For purposes of this section:

24         (a)  "Minor" means any person less than 18 years of

25  age.

26         (b)  "Transmit" means the act of sending and causing to

27  be delivered any image, information, or data from one or more

28  persons or places to one or more other persons or places over

29  or through any medium, including the Internet, by use of any

30  electronic equipment or device.

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  1         (2)  Notwithstanding ss. 847.012 and 847.0133, any

  2  person in this state who knew or reasonably should have known

  3  that he or she was transmitting child pornography, as defined

  4  in s. 847.001, to another person in this state or in another

  5  jurisdiction commits a felony of the third degree, punishable

  6  as provided in s. 775.082, s. 775.083, or s. 775.084.

  7         (3)  Notwithstanding ss. 847.012 and 847.0133, any

  8  person in any jurisdiction other than this state who knew or

  9  reasonably should have known that he or she was transmitting

10  child pornography, as defined in s. 847.001, to any person in

11  this state commits a felony of the third degree, punishable as

12  provided in s. 775.082, s. 775.083, or s. 775.084.

13         (4)  This section shall not be construed to prohibit

14  prosecution of a person in this state or another jurisdiction

15  for a violation of any law of this state, including a law

16  providing for greater penalties than prescribed in this

17  section, for the transmission of child pornography, as defined

18  in s. 847.001, to any person in this state.

19         (5)  A person is subject to prosecution in this state

20  pursuant to chapter 910 for any act or conduct proscribed by

21  this section, including a person in a jurisdiction other than

22  this state, if the act or conduct violates subsection (3).

23

24  The provisions of this section do not apply to

25  subscription-based transmissions such as list servers.

26         Section 5.  Section 847.0138, Florida Statutes, is

27  created to read:

28         847.0138  Transmission of material harmful to minors to

29  a minor by electronic device or equipment prohibited;

30  penalties.--

31         (1)  For purposes of this section:


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  1         (a)  "Known by the defendant to be a minor" means that

  2  the defendant had actual knowledge or believed that the

  3  recipient of the communication was a minor.

  4         (b)  "Transmit" means to send to a specific individual

  5  known by the defendant to be a minor via electronic mail.

  6         (2)  Notwithstanding ss. 847.012 and 847.0133, any

  7  person in this state who knew or believed that he or she was

  8  transmitting an image, information, or data that is harmful to

  9  minors, as defined in s. 847.001, to a specific individual

10  known by the defendant to be a minor in this state commits a

11  felony of the third degree, punishable as provided in s.

12  775.082, s. 775.083, or s. 775.084.

13         (3)  Notwithstanding ss. 847.012 and 847.0133, any

14  person in any jurisdiction other than this state who knew or

15  believed that he or she was transmitting an image,

16  information, or data that is harmful to minors, as defined in

17  s. 847.001, to a specific individual known by the defendant to

18  be a minor in this state commits a felony of the third degree,

19  punishable as provided in s. 775.082, s. 775.083, or s.

20  775.084.

21

22  The provisions of this section do not apply to

23  subscription-based transmissions such as list servers.

24         Section 6.  Section 847.0139, Florida Statutes, is

25  created to read:

26         847.0139  Immunity from civil liability for reporting

27  child pornography, transmission of child pornography, or any

28  image, information, or data harmful to minors to a minor in

29  this state.--Any person who reports to a law enforcement

30  officer what the person reasonably believes to be child

31  pornography, transmission of child pornography, or any image,


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  1  information, or data that is harmful to minors to a minor in

  2  this state may not be held civilly liable for such

  3  reporting.  For purposes of this section, such reporting may

  4  include furnishing the law enforcement officer with any image,

  5  information, or data that the person reasonably believes to be

  6  evidence of child pornography, transmission of child

  7  pornography, or an image, information, or data that is harmful

  8  to minors to a minor in this state.

  9         Section 7.  Subsection (7) is added to section 905.34,

10  Florida Statutes, to read:

11         905.34  Powers and duties; law applicable.--The

12  jurisdiction of a statewide grand jury impaneled under this

13  chapter shall extend throughout the state. The subject matter

14  jurisdiction of the statewide grand jury shall be limited to

15  the offenses of:

16         (7)  Any violation of s. 847.0135, s. 847.0137, or s.

17  847.0138 relating to computer pornography and child

18  exploitation prevention, or any offense related to a violation

19  of s. 847.0135, s. 847.0137, or s. 847.0138;

20

21  or any attempt, solicitation, or conspiracy to commit any

22  violation of the crimes specifically enumerated above, when

23  any such offense is occurring, or has occurred, in two or more

24  judicial circuits as part of a related transaction or when any

25  such offense is connected with an organized criminal

26  conspiracy affecting two or more judicial circuits.  The

27  statewide grand jury may return indictments and presentments

28  irrespective of the county or judicial circuit where the

29  offense is committed or triable.  If an indictment is

30  returned, it shall be certified and transferred for trial to

31  the county where the offense was committed.  The powers and


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  1  duties of, and law applicable to, county grand juries shall

  2  apply to a statewide grand jury except when such powers,

  3  duties, and law are inconsistent with the provisions of ss.

  4  905.31-905.40.

  5         Section 8.  If a court of competent jurisdiction rules

  6  that any part of this act is unconstitutional or otherwise

  7  ineffective, such ruling shall not affect the other parts of

  8  this act and such other parts shall remain effective as though

  9  no such ruling has occurred.

10         Section 9.  Section 815.03, Florida Statutes, is

11  amended to read:

12         815.03  Definitions.--As used in this chapter, unless

13  the context clearly indicates otherwise:

14         (1)  "Access" means to approach, instruct, communicate

15  with, store data in, retrieve data from, or otherwise make use

16  of any resources of a computer, computer system, or computer

17  network "Intellectual property" means data, including

18  programs.

19         (2)  "Computer program" means an ordered set of data

20  representing coded instructions or statements that when

21  executed by a computer cause the computer to process data.

22         (2)(3)  "Computer" means an internally programmed,

23  automatic device that performs data processing.

24         (3)  "Computer contaminant" means any set of computer

25  instructions designed to modify, damage, destroy, record, or

26  transmit information within a computer, computer system, or

27  computer network without the intent or permission of the owner

28  of the information. The term includes, but is not limited to,

29  a group of computer instructions commonly called viruses or

30  worms which are self-replicating or self-propagating and which

31  are designed to contaminate other computer programs or


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  1  computer data; consume computer resources; modify, destroy,

  2  record, or transmit data; or in some other fashion usurp the

  3  normal operation of the computer, computer system, or computer

  4  network.

  5         (4)  "Computer network" means any system that provides

  6  communications between one or more computer systems and its

  7  input or output devices, including, but not limited to,

  8  display terminals and printers that are connected by

  9  telecommunication facilities.

10         (5)  "Computer program or computer software" means a

11  set of instructions or statements and related data which, when

12  executed in actual or modified form, cause a computer,

13  computer system, or computer network to perform specified

14  functions.

15         (6)  "Computer services" include, but are not limited

16  to, computer time; data processing or storage functions; or

17  other uses of a computer, computer system, or computer

18  network.

19         (7)  "Computer system" means a device or collection of

20  devices, including support devices, one or more of which

21  contain computer programs, electronic instructions, or input

22  data and output data, and which perform functions, including,

23  but not limited to, logic, arithmetic, data storage,

24  retrieval, communication, or control. The term does not

25  include calculators that are not programmable and that are not

26  capable of being used in conjunction with external files.

27         (8)  "Data" means a representation of information,

28  knowledge, facts, concepts, computer software, computer

29  programs, or instructions. Data may be in any form, in storage

30  media or stored in the memory of the computer, or in transit

31  or presented on a display device.


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  1         (4)  "Computer software" means a set of computer

  2  programs, procedures, and associated documentation concerned

  3  with the operation of a computer system.

  4         (5)  "Computer system" means a set of related,

  5  connected or unconnected, computer equipment, devices, or

  6  computer software.

  7         (6)  "Computer network" means a set of related,

  8  remotely connected devices and communication facilities

  9  including more than one computer system with capability to

10  transmit data among them through communication facilities.

11         (7)  "Computer system services" means providing a

12  computer system or computer network to perform useful work.

13         (9)  "Financial instrument" means any check, draft,

14  money order, certificate of deposit, letter of credit, bill of

15  exchange, credit card, or marketable security.

16         (10)  "Intellectual property" means data, including

17  programs.

18         (11)(8)  "Property" means anything of value as defined

19  in s. 812.011 and includes, but is not limited to, financial

20  instruments, information, including electronically produced

21  data and computer software and programs in either

22  machine-readable or human-readable form, and any other

23  tangible or intangible item of value.

24         (9)  "Financial instrument" means any check, draft,

25  money order, certificate of deposit, letter of credit, bill of

26  exchange, credit card, or marketable security.

27         (10)  "Access" means to approach, instruct, communicate

28  with, store data in, retrieve data from, or otherwise make use

29  of any resources of a computer, computer system, or computer

30  network.

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  1         Section 10.  Section 815.05, Florida Statutes, is

  2  repealed.

  3         Section 11.  Section 815.06, Florida Statutes, is

  4  amended to read:

  5         815.06  Offenses against computer users.--

  6         (1)  Whoever willfully, knowingly, and without

  7  authorization:

  8         (a)  Accesses or causes to be accessed any computer,

  9  computer system, or computer network; or whoever willfully,

10  knowingly, and without authorization

11         (b)  Disrupts or denies or causes the denial of

12  computer system services to an authorized user of such

13  computer system services, which, in whole or part, is owned

14  by, under contract to, or operated for, on behalf of, or in

15  conjunction with another;

16         (c)  Destroys, takes, injures, or damages equipment or

17  supplies used or intended to be used in a computer, computer

18  system or computer network;

19         (d)  Destroys, injures, or damages any computer,

20  computer system, or computer network; or

21         (e)  Introduces any computer contaminant into any

22  computer, computer system, or computer network;

23

24  commits an offense against computer users.

25         (2)(a)  Except as provided in paragraphs (b) and (c),

26  whoever violates subsection (1) commits a felony of the third

27  degree, punishable as provided in s. 775.082, s. 775.083, or

28  s. 775.084.

29         (b)  Whoever violates subsection (1) and:

30         1.  Damages a computer, computer equipment, computer

31  supplies, a computer system, or a computer network, and the


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  1  monetary damage or loss incurred as a result of the violation

  2  is $5,000 or greater;

  3         2.  Commits the offense for the purpose of devising or

  4  executing any scheme or artifice to defraud or obtain

  5  property; or

  6         3.  Interrupts or impairs a governmental operation or

  7  public communication, transportation, or supply of water, gas,

  8  or other public service.

  9

10  commits a felony of the second degree, punishable as provided

11  in s. 775.082, s. 775.083, or s. 775.084.

12         (c)  Whoever violates subsection (1) and the violation

13  endangers human life commits a felony of the first degree,

14  punishable as provided in s. 775.082, s. 775.083, or s.

15  775.084.

16         (3)  Whoever willfully, knowingly, and without

17  authorization modifies equipment or supplies used or intended

18  to be used in a computer, computer system, or computer network

19  commits a misdemeanor of the first degree, punishable as

20  provided in s. 775.082 or s. 775.083.

21         (4)(a)  In addition to any other civil remedy

22  available, the owner or lessee of the computer, computer

23  system, computer network, computer program, computer

24  equipment, computer supplies, or computer data may bring a

25  civil action against any person convicted under this section

26  for compensatory damages.

27         (b)  In any action brought under this subsection, the

28  court may award reasonable attorney's fees to the prevailing

29  party.

30         (5)  Any computer, computer system, computer network,

31  computer software, or computer data owned by a defendant which


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  1  is used during the commission of any violation of this section

  2  or any computer owned by the defendant which is used as a

  3  repository for the storage of software or data obtained in

  4  violation of this section is subject to forfeiture as provided

  5  under sections 932.701-932.704, Florida Statutes.

  6         (6)  This section does not apply to any person who

  7  accesses his or her employer's computer system, computer

  8  network, computer program, or computer data when acting within

  9  the scope of his or her lawful employment.

10         (7)  For purposes of bringing a civil or criminal

11  action under this section, a person who causes, by any means,

12  the access to a computer, computer system, or computer network

13  in one jurisdiction from another jurisdiction is deemed to

14  have personally accessed the computer, computer system, or

15  computer network in both jurisdictions.

16         (2)(a)  Except as provided in this subsection, an

17  offense against computer users is a felony of the third

18  degree, punishable as provided in s. 775.082, s. 775.083, or

19  s. 775.084.

20         (b)  If the offense is committed for the purposes of

21  devising or executing any scheme or artifice to defraud or to

22  obtain any property, then the offender is guilty of a felony

23  of the second degree, punishable as provided in s. 775.082, s.

24  775.083, or s. 775.084.

25         Section 12.  Subsection (1) of section 16.56, Florida

26  Statutes, is amended to read:

27         16.56  Office of Statewide Prosecution.--

28         (1)  There is created in the Department of Legal

29  Affairs an Office of Statewide Prosecution.  The office shall

30  be a separate "budget entity" as that term is defined in

31  chapter 216.  The office may:


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  1         (a)  Investigate and prosecute the offenses of:

  2         1.  Bribery, burglary, criminal usury, extortion,

  3  gambling, kidnapping, larceny, murder, prostitution, perjury,

  4  robbery, carjacking, and home-invasion robbery;

  5         2.  Any crime involving narcotic or other dangerous

  6  drugs;

  7         3.  Any violation of the provisions of the Florida RICO

  8  (Racketeer Influenced and Corrupt Organization) Act, including

  9  any offense listed in the definition of racketeering activity

10  in s. 895.02(1)(a), providing such listed offense is

11  investigated in connection with a violation of s. 895.03 and

12  is charged in a separate count of an information or indictment

13  containing a count charging a violation of s. 895.03, the

14  prosecution of which listed offense may continue independently

15  if the prosecution of the violation of s. 895.03 is terminated

16  for any reason;

17         4.  Any violation of the provisions of the Florida

18  Anti-Fencing Act;

19         5.  Any violation of the provisions of the Florida

20  Antitrust Act of 1980, as amended;

21         6.  Any crime involving, or resulting in, fraud or

22  deceit upon any person; or

23         7.  Any violation of s. 847.0135, relating to computer

24  pornography and child exploitation prevention, or any offense

25  related to a violation of s. 847.0135; or,

26         8.  Any violation of the provision of chapter 815;

27

28  or any attempt, solicitation, or conspiracy to commit any of

29  the crimes specifically enumerated above.  The office shall

30  have such power only when any such offense is occurring, or

31  has occurred, in two or more judicial circuits as part of a


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  1  related transaction, or when any such offense is connected

  2  with an organized criminal conspiracy affecting two or more

  3  judicial circuits.

  4         (b)  Upon request, cooperate with and assist state

  5  attorneys and state and local law enforcement officials in

  6  their efforts against organized crimes.

  7         (c)  Request and receive from any department, division,

  8  board, bureau, commission, or other agency of the state, or of

  9  any political subdivision thereof, cooperation and assistance

10  in the performance of its duties.

11         Section 13.  Section 905.34, Florida Statutes, is

12  amended to read:

13         905.34  Powers and duties; law applicable.--The

14  jurisdiction of a statewide grand jury impaneled under this

15  chapter shall extend throughout the state. The subject matter

16  jurisdiction of the statewide grand jury shall be limited to

17  the offenses of:

18         (1)  Bribery, burglary, carjacking, home-invasion

19  robbery, criminal usury, extortion, gambling, kidnapping,

20  larceny, murder, prostitution, perjury, and robbery;

21         (2)  Crimes involving narcotic or other dangerous

22  drugs;

23         (3)  Any violation of the provisions of the Florida

24  RICO (Racketeer Influenced and Corrupt Organization) Act,

25  including any offense listed in the definition of racketeering

26  activity in s. 895.02(1)(a), providing such listed offense is

27  investigated in connection with a violation of s. 895.03 and

28  is charged in a separate count of an information or indictment

29  containing a count charging a violation of s. 895.03, the

30  prosecution of which listed offense may continue independently

31


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  1  if the prosecution of the violation of s. 895.03 is terminated

  2  for any reason;

  3         (4)  Any violation of the provisions of the Florida

  4  Anti-Fencing Act;

  5         (5)  Any violation of the provisions of the Florida

  6  Antitrust Act of 1980, as amended;

  7         (6)  Any violation of the provision of chapter 815;

  8         (7)(6)  Any crime involving, or resulting in, fraud or

  9  deceit upon any person;

10

11  or any attempt, solicitation, or conspiracy to commit any

12  violation of the crimes specifically enumerated above, when

13  any such offense is occurring, or has occurred, in two or more

14  judicial circuits as part of a related transaction or when any

15  such offense is connected with an organized criminal

16  conspiracy affecting two or more judicial circuits.  The

17  statewide grand jury may return indictments and presentments

18  irrespective of the county or judicial circuit where the

19  offense is committed or triable.  If an indictment is

20  returned, it shall be certified and transferred for trial to

21  the county where the offense was committed.  The powers and

22  duties of, and law applicable to, county grand juries shall

23  apply to a statewide grand jury except when such powers,

24  duties, and law are inconsistent with the provisions of ss.

25  905.31-905.40.

26         Section 14.  Except as otherwise expressly provided in

27  this act, this act shall take effect July 1, 2001.

28

29

30

31


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