Bill Text: FL S0222 | 2015 | Regular Session | Enrolled

---

Bill Title: Electronic Commerce

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Passed) 2015-05-15 - Chapter No. 2015-14 [S0222 Detail]

Download: Florida-2015-S0222-Enrolled.html

---

       ENROLLED
       2015 Legislature      CS for CS for CS for SB 222, 1st Engrossed
       
       
       
       
       
       
                                                              2015222er
    1                                                                   
    2         An act relating to electronic commerce; providing a
    3         directive to the Division of Law Revision and
    4         Information; creating the “Computer Abuse and Data
    5         Recovery Act”; creating s. 668.801, F.S.; providing a
    6         statement of purpose; creating s. 668.802, F.S.;
    7         defining terms; creating s. 668.803, F.S.; prohibiting
    8         a person from intentionally committing specified acts
    9         without authorization with respect to a protected
   10         computer; providing penalties for a violation;
   11         creating s. 668.804, F.S.; specifying remedies for
   12         civil actions brought by persons affected by a
   13         violation; providing that specified criminal judgments
   14         or decrees against a defendant act as estoppel as to
   15         certain matters in specified civil actions; providing
   16         that specified civil actions must be filed within
   17         certain periods of time; creating s. 668.805, F.S.;
   18         providing that the act does not prohibit specified
   19         activity by certain state, federal, and foreign law
   20         enforcement agencies, regulatory agencies, and
   21         political subdivisions; providing that the act does
   22         not impose liability on specified providers in certain
   23         circumstances; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. The Division of Law Revision and Information is
   28  directed to create part V of chapter 668, Florida Statutes,
   29  consisting of ss. 668.801-668.805, Florida Statutes, to be
   30  entitled the “Computer Abuse and Data Recovery Act.”
   31         Section 2. Section 668.801, Florida Statutes, is created to
   32  read:
   33         668.801 Purpose.—This part shall be construed liberally to:
   34         (1) Safeguard an owner, operator, or lessee of a protected
   35  computer used in the operation of a business from harm or loss
   36  caused by unauthorized access to such computer.
   37         (2) Safeguard an owner of information stored in a protected
   38  computer used in the operation of a business from harm or loss
   39  caused by unauthorized access to such computer.
   40         Section 3. Section 668.802, Florida Statutes, is created to
   41  read:
   42         668.802 Definitions.—As used in this part, the term:
   43         (1) “Authorized user” means a director, officer, employee,
   44  third-party agent, contractor, or consultant of the owner,
   45  operator, or lessee of the protected computer or the owner of
   46  information stored in the protected computer if the director,
   47  officer, employee, third-party agent, contractor, or consultant
   48  is given express permission by the owner, operator, or lessee of
   49  the protected computer or by the owner of information stored in
   50  the protected computer to access the protected computer through
   51  a technological access barrier. Such permission, however, is
   52  terminated upon revocation by the owner, operator, or lessee of
   53  the protected computer or by the owner of information stored in
   54  the protected computer, or upon cessation of employment,
   55  affiliation, or agency with the owner, operator, or lessee of
   56  the protected computer or the owner of information stored in the
   57  protected computer.
   58         (2) “Business” means any trade or business regardless of
   59  its for-profit or not-for-profit status.
   60         (3) “Computer” means an electronic, magnetic, optical,
   61  electrochemical, or other high-speed data processing device that
   62  performs logical, arithmetic, or storage functions and includes
   63  any data storage facility, data storage device, or
   64  communications facility directly related to, or operating in
   65  conjunction with, the device.
   66         (4) “Harm” means any impairment to the integrity, access,
   67  or availability of data, programs, systems, or information.
   68         (5) “Loss” means any of the following:
   69         (a) Any reasonable cost incurred by the owner, operator, or
   70  lessee of a protected computer or the owner of stored
   71  information, including the reasonable cost of conducting a
   72  damage assessment for harm associated with the violation and the
   73  reasonable cost for remediation efforts, such as restoring the
   74  data, programs, systems, or information to the condition it was
   75  in before the violation.
   76         (b) Economic damages.
   77         (c) Lost profits.
   78         (d) Consequential damages, including the interruption of
   79  service.
   80         (e) Profits earned by a violator as a result of the
   81  violation.
   82         (6) “Protected computer” means a computer that is used in
   83  connection with the operation of a business and stores
   84  information, programs, or code in connection with the operation
   85  of the business in which the stored information, programs, or
   86  code can be accessed only by employing a technological access
   87  barrier.
   88         (7) “Technological access barrier” means a password,
   89  security code, token, key fob, access device, or similar
   90  measure.
   91         (8) “Traffic” means to sell, purchase, or deliver.
   92         (9) “Without authorization” means access to a protected
   93  computer by a person who:
   94         (a) Is not an authorized user;
   95         (b) Has stolen a technological access barrier of an
   96  authorized user; or
   97         (c) Circumvents a technological access barrier on a
   98  protected computer without the express or implied permission of
   99  the owner, operator, or lessee of the computer or the express or
  100  implied permission of the owner of information stored in the
  101  protected computer. The term does not include circumventing a
  102  technological measure that does not effectively control access
  103  to the protected computer or the information stored in the
  104  protected computer.
  105         Section 4. Section 668.803, Florida Statutes, is created to
  106  read:
  107         668.803 Prohibited acts.—A person who knowingly and with
  108  intent to cause harm or loss:
  109         (1) Obtains information from a protected computer without
  110  authorization and, as a result, causes harm or loss;
  111         (2) Causes the transmission of a program, code, or command
  112  to a protected computer without authorization and, as a result
  113  of the transmission, causes harm or loss; or
  114         (3) Traffics in any technological access barrier through
  115  which access to a protected computer may be obtained without
  116  authorization,
  117  
  118  is liable to the extent provided in s. 668.804 in a civil action
  119  to the owner, operator, or lessee of the protected computer, or
  120  the owner of information stored in the protected computer who
  121  uses the information in connection with the operation of a
  122  business.
  123         Section 5. Section 668.804, Florida Statutes, is created to
  124  read:
  125         668.804 Remedies.—
  126         (1) A person who brings a civil action for a violation
  127  under s. 668.803 may:
  128         (a) Recover actual damages, including the person’s lost
  129  profits and economic damages.
  130         (b) Recover the violator’s profits that are not included in
  131  the computation of actual damages under paragraph (a).
  132         (c) Obtain injunctive or other equitable relief from the
  133  court to prevent a future violation of s. 668.803.
  134         (d) Recover the misappropriated information, program, or
  135  code, and all copies thereof, that are subject to the violation.
  136         (2) A court shall award reasonable attorney fees to the
  137  prevailing party in any action arising under this part.
  138         (3) The remedies available for a violation of s. 668.803
  139  are in addition to remedies otherwise available for the same
  140  conduct under federal or state law.
  141         (4) A final judgment or decree in favor of the state in any
  142  criminal proceeding under chapter 815 shall estop the defendant
  143  in any subsequent action brought pursuant to s. 668.803 as to
  144  all matters as to which the judgment or decree would be an
  145  estoppel as if the plaintiff had been a party in the previous
  146  criminal action.
  147         (5) A civil action filed under s. 668.803 must be commenced
  148  within 3 years after the violation occurred or within 3 years
  149  after the violation was discovered or should have been
  150  discovered with due diligence.
  151         Section 6. Section 668.805, Florida Statutes, is created to
  152  read:
  153         668.805 Exclusions.—This part does not prohibit any
  154  lawfully authorized investigative, protective, or intelligence
  155  activity of any law enforcement agency, regulatory agency, or
  156  political subdivision of this state, any other state, the United
  157  States, or any foreign country. This part may not be construed
  158  to impose liability on any provider of an interactive computer
  159  service as defined in 47 U.S.C. 230(f), of an information
  160  service as defined in 47 U.S.C. 153, or of a communications
  161  service as defined in s. 202.11, if the provider provides the
  162  transmission, storage, or caching of electronic communications
  163  or messages of a person other than the provider, related
  164  telecommunications or commercial mobile radio services, or
  165  content provided by a person other than the provider.
  166         Section 7. This act shall take effect October 1, 2015.