HOUSE AMENDMENT
    hbd-06                            Bill No. CS/HB 203, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Ryan and Hart offered the following:
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13         Amendment (with title amendment) 
14         On page 4, line 31,
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16  insert:  
17         Section 1.  Section 815.03, Florida Statutes, is
18  amended to read:
19         815.03  Definitions.--As used in this chapter, unless
20  the context clearly indicates otherwise:
21         (1)  "Access" means to approach, instruct, communicate
22  with, store data in, retrieve data from, or otherwise make use
23  of any resources of a computer, computer system, or computer
24  network "Intellectual property" means data, including
25  programs.
26         (2)  "Computer program" means an ordered set of data
27  representing coded instructions or statements that when
28  executed by a computer cause the computer to process data.
29         (2)(3)  "Computer" means an internally programmed,
30  automatic device that performs data processing.
31         (3)  "Computer contaminant" means any set of computer
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    File original & 9 copies    04/30/01                          
    hbd0002                     08:08 am         00203-0099-280173

HOUSE AMENDMENT hbd-06 Bill No. CS/HB 203, 1st Eng. Amendment No. ___ (for drafter's use only) 1 instructions designed to modify, damage, destroy, record, or 2 transmit information within a computer, computer system, or 3 computer network without the intent or permission of the owner 4 of the information. The term includes, but is not limited to, 5 a group of computer instructions commonly called viruses or 6 worms which are self-replicating or self-propagating and which 7 are designed to contaminate other computer programs or 8 computer data; consume computer resources; modify, destroy, 9 record, or transmit data; or in some other fashion usurp the 10 normal operation of the computer, computer system, or computer 11 network. 12 (4) "Computer network" means any system that provides 13 communications between one or more computer systems and its 14 input or output devices, including, but not limited to, 15 display terminals and printers that are connected by 16 telecommunication facilities. 17 (5) "Computer program or computer software" means a 18 set of instructions or statements and related data which, when 19 executed in actual or modified form, cause a computer, 20 computer system, or computer network to perform specified 21 functions. 22 (6) "Computer services" include, but are not limited 23 to, computer time; data processing or storage functions; or 24 other uses of a computer, computer system, or computer 25 network. 26 (7) "Computer system" means a device or collection of 27 devices, including support devices, one or more of which 28 contain computer programs, electronic instructions, or input 29 data and output data, and which perform functions, including, 30 but not limited to, logic, arithmetic, data storage, 31 retrieval, communication, or control. The term does not 2 File original & 9 copies 04/30/01 hbd0002 08:08 am 00203-0099-280173
HOUSE AMENDMENT hbd-06 Bill No. CS/HB 203, 1st Eng. Amendment No. ___ (for drafter's use only) 1 include calculators that are not programmable and that are not 2 capable of being used in conjunction with external files. 3 (8) "Data" means a representation of information, 4 knowledge, facts, concepts, computer software, computer 5 programs, or instructions. Data may be in any form, in storage 6 media or stored in the memory of the computer, or in transit 7 or presented on a display device. 8 (4) "Computer software" means a set of computer 9 programs, procedures, and associated documentation concerned 10 with the operation of a computer system. 11 (5) "Computer system" means a set of related, 12 connected or unconnected, computer equipment, devices, or 13 computer software. 14 (6) "Computer network" means a set of related, 15 remotely connected devices and communication facilities 16 including more than one computer system with capability to 17 transmit data among them through communication facilities. 18 (7) "Computer system services" means providing a 19 computer system or computer network to perform useful work. 20 (9) "Financial instrument" means any check, draft, 21 money order, certificate of deposit, letter of credit, bill of 22 exchange, credit card, or marketable security. 23 (10) "Intellectual property" means data, including 24 programs. 25 (11)(8) "Property" means anything of value as defined 26 in s. 812.011 and includes, but is not limited to, financial 27 instruments, information, including electronically produced 28 data and computer software and programs in either 29 machine-readable or human-readable form, and any other 30 tangible or intangible item of value. 31 (9) "Financial instrument" means any check, draft, 3 File original & 9 copies 04/30/01 hbd0002 08:08 am 00203-0099-280173
HOUSE AMENDMENT hbd-06 Bill No. CS/HB 203, 1st Eng. Amendment No. ___ (for drafter's use only) 1 money order, certificate of deposit, letter of credit, bill of 2 exchange, credit card, or marketable security. 3 (10) "Access" means to approach, instruct, communicate 4 with, store data in, retrieve data from, or otherwise make use 5 of any resources of a computer, computer system, or computer 6 network. 7 Section 2. Section 815.05, Florida Statutes, is 8 repealed. 9 Section 3. Section 815.06, Florida Statutes, is 10 amended to read: 11 815.06 Offenses against computer users.-- 12 (1) Whoever willfully, knowingly, and without 13 authorization: 14 (a) Accesses or causes to be accessed any computer, 15 computer system, or computer network; or whoever willfully, 16 knowingly, and without authorization 17 (b) Disrupts or denies or causes the denial of 18 computer system services to an authorized user of such 19 computer system services, which, in whole or part, is owned 20 by, under contract to, or operated for, on behalf of, or in 21 conjunction with another; 22 (c) Destroys, takes, injures, or damages equipment or 23 supplies used or intended to be used in a computer, computer 24 system or computer network; 25 (d) Destroys, injures, or damages any computer, 26 computer system, or computer network; or 27 (e) Introduces any computer contaminant into any 28 computer, computer system, or computer network; 29 30 commits an offense against computer users. 31 (2)(a) Except as provided in paragraphs (b) and (c), 4 File original & 9 copies 04/30/01 hbd0002 08:08 am 00203-0099-280173
HOUSE AMENDMENT hbd-06 Bill No. CS/HB 203, 1st Eng. Amendment No. ___ (for drafter's use only) 1 whoever violates subsection (1) commits a felony of the third 2 degree, punishable as provided in s. 775.082, s. 775.083, or 3 s. 775.084. 4 (b) Whoever violates subsection (1) and: 5 1. Damages a computer, computer equipment, computer 6 supplies, a computer system, or a computer network, and the 7 monetary damage or loss incurred as a result of the violation 8 is $5,000 or greater; 9 2. Commits the offense for the purpose of devising or 10 executing any scheme or artifice to defraud or obtain 11 property; or 12 3. Interrupts or impairs a governmental operation or 13 public communication, transportation, or supply of water, gas, 14 or other public service. 15 16 commits a felony of the second degree, punishable as provided 17 in s. 775.082, s. 775.083, or s. 775.084. 18 (c) Whoever violates subsection (1) and the violation 19 endangers human life commits a felony of the first degree, 20 punishable as provided in s. 775.082, s. 775.083, or s. 21 775.084. 22 (3) Whoever willfully, knowingly, and without 23 authorization modifies equipment or supplies used or intended 24 to be used in a computer, computer system, or computer network 25 commits a misdemeanor of the first degree, punishable as 26 provided in s. 775.082, s. 775.083, or s. 775.084. 27 (4) (a) In addition to any other civil remedy 28 available, the owner or lessee of the computer, computer 29 system, computer network, computer program, computer 30 equipment, computer supplies, or computer data may bring a 31 civil action against any person convicted under this section 5 File original & 9 copies 04/30/01 hbd0002 08:08 am 00203-0099-280173
HOUSE AMENDMENT hbd-06 Bill No. CS/HB 203, 1st Eng. Amendment No. ___ (for drafter's use only) 1 for compensatory damages. 2 (b) In any action brought under this subsection, the 3 court may award reasonable attorney's fees to the prevailing 4 party. 5 (5) Any computer, computer system, computer network, 6 computer software, or computer data owned by a defendant which 7 is used during the commission of any violation of this section 8 or any computer owned by the defendant which is used as a 9 repository for the storage of software or data obtained in 10 violation of this section is subject to forfeiture as provided 11 under sections 932.701-932.704, Florida Statutes. 12 (6) This section does not apply to any person who 13 accesses his or her employer's computer system, computer 14 network, computer program, or computer data when acting within 15 the scope of his or her lawful employment. 16 (7) For purposes of bringing a civil or criminal 17 action under this section, a person who causes, by any means, 18 the access to a computer, computer system, or computer network 19 in one jurisdiction from another jurisdiction is deemed to 20 have personally accessed the computer, computer system, or 21 computer network in both jurisdictions. 22 (2)(a) Except as provided in this subsection, an 23 offense against computer users is a felony of the third 24 degree, punishable as provided in s. 775.082, s. 775.083, or 25 s. 775.084. 26 (b) If the offense is committed for the purposes of 27 devising or executing any scheme or artifice to defraud or to 28 obtain any property, then the offender is guilty of a felony 29 of the second degree, punishable as provided in s. 775.082, s. 30 775.083, or s. 775.084. 31 Section 4. Subsection (1) of section 16.56, Florida 6 File original & 9 copies 04/30/01 hbd0002 08:08 am 00203-0099-280173
HOUSE AMENDMENT hbd-06 Bill No. CS/HB 203, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Statutes, is amended to read: 2 16.56 Office of Statewide Prosecution.-- 3 (1) There is created in the Department of Legal 4 Affairs an Office of Statewide Prosecution. The office shall 5 be a separate "budget entity" as that term is defined in 6 chapter 216. The office may: 7 (a) Investigate and prosecute the offenses of: 8 1. Bribery, burglary, criminal usury, extortion, 9 gambling, kidnapping, larceny, murder, prostitution, perjury, 10 robbery, carjacking, and home-invasion robbery; 11 2. Any crime involving narcotic or other dangerous 12 drugs; 13 3. Any violation of the provisions of the Florida RICO 14 (Racketeer Influenced and Corrupt Organization) Act, including 15 any offense listed in the definition of racketeering activity 16 in s. 895.02(1)(a), providing such listed offense is 17 investigated in connection with a violation of s. 895.03 and 18 is charged in a separate count of an information or indictment 19 containing a count charging a violation of s. 895.03, the 20 prosecution of which listed offense may continue independently 21 if the prosecution of the violation of s. 895.03 is terminated 22 for any reason; 23 4. Any violation of the provisions of the Florida 24 Anti-Fencing Act; 25 5. Any violation of the provisions of the Florida 26 Antitrust Act of 1980, as amended; 27 6. Any crime involving, or resulting in, fraud or 28 deceit upon any person; or 29 7. Any violation of s. 847.0135, relating to computer 30 pornography and child exploitation prevention, or any offense 31 related to a violation of s. 847.0135; or, 7 File original & 9 copies 04/30/01 hbd0002 08:08 am 00203-0099-280173
HOUSE AMENDMENT hbd-06 Bill No. CS/HB 203, 1st Eng. Amendment No. ___ (for drafter's use only) 1 8. Any violation of the provision of chapter 815; 2 3 or any attempt, solicitation, or conspiracy to commit any of 4 the crimes specifically enumerated above. The office shall 5 have such power only when any such offense is occurring, or 6 has occurred, in two or more judicial circuits as part of a 7 related transaction, or when any such offense is connected 8 with an organized criminal conspiracy affecting two or more 9 judicial circuits. 10 (b) Upon request, cooperate with and assist state 11 attorneys and state and local law enforcement officials in 12 their efforts against organized crimes. 13 (c) Request and receive from any department, division, 14 board, bureau, commission, or other agency of the state, or of 15 any political subdivision thereof, cooperation and assistance 16 in the performance of its duties. 17 Section 5. Section 905.34, Florida Statutes, is 18 amended to read: 19 905.34 Powers and duties; law applicable.--The 20 jurisdiction of a statewide grand jury impaneled under this 21 chapter shall extend throughout the state. The subject matter 22 jurisdiction of the statewide grand jury shall be limited to 23 the offenses of: 24 (1) Bribery, burglary, carjacking, home-invasion 25 robbery, criminal usury, extortion, gambling, kidnapping, 26 larceny, murder, prostitution, perjury, and robbery; 27 (2) Crimes involving narcotic or other dangerous 28 drugs; 29 (3) Any violation of the provisions of the Florida 30 RICO (Racketeer Influenced and Corrupt Organization) Act, 31 including any offense listed in the definition of racketeering 8 File original & 9 copies 04/30/01 hbd0002 08:08 am 00203-0099-280173
HOUSE AMENDMENT hbd-06 Bill No. CS/HB 203, 1st Eng. Amendment No. ___ (for drafter's use only) 1 activity in s. 895.02(1)(a), providing such listed offense is 2 investigated in connection with a violation of s. 895.03 and 3 is charged in a separate count of an information or indictment 4 containing a count charging a violation of s. 895.03, the 5 prosecution of which listed offense may continue independently 6 if the prosecution of the violation of s. 895.03 is terminated 7 for any reason; 8 (4) Any violation of the provisions of the Florida 9 Anti-Fencing Act; 10 (5) Any violation of the provisions of the Florida 11 Antitrust Act of 1980, as amended; 12 (6) Any violation of the provision of chapter 815; 13 (7)(6) Any crime involving, or resulting in, fraud or 14 deceit upon any person; 15 16 or any attempt, solicitation, or conspiracy to commit any 17 violation of the crimes specifically enumerated above, when 18 any such offense is occurring, or has occurred, in two or more 19 judicial circuits as part of a related transaction or when any 20 such offense is connected with an organized criminal 21 conspiracy affecting two or more judicial circuits. The 22 statewide grand jury may return indictments and presentments 23 irrespective of the county or judicial circuit where the 24 offense is committed or triable. If an indictment is 25 returned, it shall be certified and transferred for trial to 26 the county where the offense was committed. The powers and 27 duties of, and law applicable to, county grand juries shall 28 apply to a statewide grand jury except when such powers, 29 duties, and law are inconsistent with the provisions of ss. 30 905.31-905.40. 31 9 File original & 9 copies 04/30/01 hbd0002 08:08 am 00203-0099-280173
HOUSE AMENDMENT hbd-06 Bill No. CS/HB 203, 1st Eng. Amendment No. ___ (for drafter's use only) 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, line 3, after minors: 4 5 insert: 6 amending s. 815.03, F.S.; providing 7 definitions; repealing s. 815.05, F.S., 8 relating to definitions; amending s. 815.06, 9 F.S.; creating offenses against computer 10 equipment or supplies, computers, computer 11 system, and computer networks; providing 12 penalties; amending s. 16.56, F.S., adding 13 violations of computer and computer-related 14 crimes under chapter 815, F.S., expanding 15 prosecutorial jurisdiction of the Office of 16 Statewide Prosecution; amending s. 905.34, 17 F.S.; expanding subject matter jurisdiction of 18 the statewide grand jury to include violations 19 of computer and computer-related crimes under 20 chapter 815, F.S.; 21 22 23 24 25 26 27 28 29 30 31 10 File original & 9 copies 04/30/01 hbd0002 08:08 am 00203-0099-280173