Florida Statutes 815.062 – Offenses against governmental entities
Current as of: 2023 | Check for updates
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Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the first degree | up to 30 years | up to $10,000 |
Terms Used In Florida Statutes 815.062
- Access: means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, a computer system, a computer network, or an electronic device. See Florida Statutes 815.03
- Computer: means an internally programmed, automatic device that performs data processing. See Florida Statutes 815.03
- Computer contaminant: means any set of computer instructions designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. See Florida Statutes 815.03
- Computer network: means a system that provides a medium for communication between one or more computer systems or electronic devices, including communication with an input or output device such as a display terminal, printer, or other electronic equipment that is connected to the computer systems or electronic devices by physical or wireless telecommunication facilities. See Florida Statutes 815.03
- Computer system: means a device or collection of devices, including support devices, one or more of which contain computer programs, electronic instructions, or input data and output data, and which perform functions, including, but not limited to, logic, arithmetic, data storage, retrieval, communication, or control. See Florida Statutes 815.03
- Data: means a representation of information, knowledge, facts, concepts, computer software, computer programs, or instructions. See Florida Statutes 815.03
- Electronic device: means a device or a portion of a device that is designed for and capable of communicating across a computer network with other computers or devices for the purpose of transmitting, receiving, or storing data, including, but not limited to, a cellular telephone, tablet, or other portable device designed for and capable of communicating with or across a computer network and that is actually used for such purpose. See Florida Statutes 815.03
- 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
- political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 1.01
(1) As used in this section, the term “governmental entity” means any official, officer, commission, board, authority, council, committee, or department of the executive, judicial, or legislative branch of state government; any state university; or any county or municipality, special district, water management district, or other political subdivision of the state.
(2) A person who willfully, knowingly, and without authorization introduces a computer contaminant that gains unauthorized access to, encrypts, modifies, or otherwise renders unavailable data, programs, or supporting documentation residing or existing within a computer, computer system, computer network, or electronic device owned or operated by a governmental entity and demands a ransom to prevent the publication of or to restore access to the data, programs, or supporting documentation or to otherwise remediate the impact of the computer contaminant commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) An employee or contractor of a governmental entity with access to the governmental entity’s network who willfully and knowingly aids or abets another in the commission of a violation of subsection (2) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) In addition to any other penalty imposed, a person convicted of a violation of this section must pay a fine equal to twice the amount of the ransom demand. Moneys recovered under this subsection shall be deposited into the General Revenue Fund.