Terms Used In Florida Statutes 668.803

  • Business: means any trade or business regardless of its for-profit or not-for-profit status. See Florida Statutes 668.802
  • Computer: means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, or storage functions and includes any data storage facility, data storage device, or communications facility directly related to, or operating in conjunction with, the device. See Florida Statutes 668.802
  • Harm: means any impairment to the integrity, access, or availability of data, programs, systems, or information. See Florida Statutes 668.802
  • Loss: means any of the following:
    (a) Any reasonable cost incurred by the owner, operator, or lessee of a protected computer or the owner of stored information, including the reasonable cost of conducting a damage assessment for harm associated with the violation and the reasonable cost for remediation efforts, such as restoring the data, programs, systems, or information to the condition it was in before the violation. See Florida Statutes 668.802
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • Protected computer: means a computer that is used in connection with the operation of a business and stores information, programs, or code in connection with the operation of the business in which the stored information, programs, or code can be accessed only by employing a technological access barrier. See Florida Statutes 668.802
  • Technological access barrier: means a password, security code, token, key fob, access device, or similar measure. See Florida Statutes 668.802
  • Without authorization: means access to a protected computer by a person who:
    (a) Is not an authorized user;
    (b) Has stolen a technological access barrier of an authorized user; or
    (c) Circumvents a technological access barrier on a protected computer without the express or implied permission of the owner, operator, or lessee of the computer or the express or implied permission of the owner of information stored in the protected computer. See Florida Statutes 668.802
A person who knowingly and with intent to cause harm or loss:

(1) Obtains information from a protected computer without authorization and, as a result, causes harm or loss;
(2) Causes the transmission of a program, code, or command to a protected computer without authorization and, as a result of the transmission, causes harm or loss; or
(3) Traffics in any technological access barrier through which access to a protected computer may be obtained without authorization,

is liable to the extent provided in s. 668.804 in a civil action to the owner, operator, or lessee of the protected computer, or the owner of information stored in the protected computer who uses the information in connection with the operation of a business.

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