The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/CS/SB 340
INTRODUCER: Fiscal Policy Committee; Regulated Industries Committee; Criminal Justice Committee;
and Senator Yarborough
SUBJECT: Offenses Involving Critical Infrastructure
DATE: February 16, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Cellon Stokes CJ Fav/CS
2. Schrader Imhof RI Fav/CS
3. Cellon Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 340 creates s. 812.141, F.S., relating to offenses involving critical infrastructure.
The bill creates new felony offenses and provides for civil remedies if a person is found to have
improperly tampered with critical infrastructure.
The bill defines “critical infrastructure” to mean any linear asset or any specified entities for
which the owner or operator thereof has employed measures designed to exclude unauthorized
persons, including, but not limited to, fences, barriers, guard posts, or signs prohibiting trespass.
“Improperly tampers” means to cause, or attempt to cause, significant damage to, or a significant
interruption or impairment of a function of, critical infrastructure without permission or authority
to do so.
A person commits a second degree felony if he or she knowingly and intentionally improperly
tampers with critical infrastructure which results in:
Damage to such critical infrastructure that is $200 or more; or
The interruption or impairment of the function of such critical infrastructure which costs
$200 or more in labor and supplies to restore.
BILL: CS/CS/CS/SB 340 Page 2
The bill provides that a person who is found in a civil action to have improperly tampered with
critical infrastructure based on a conviction of the above described crime is liable to the owner or
operator of the critical infrastructure.
A person commits a third degree felony crime of trespass if he or she, without being authorized,
licensed, or invited, willfully enters upon or remains upon critical infrastructure as to which
notice against entering or remaining in is given.
A person commits a third degree felony if he or she willfully, knowingly, and without
authorization gains access to a computer, computer system, computer network, or electronic
device owned, operated, or used by any critical infrastructure entity, while knowing that such
access is unauthorized.
A person commits a second degree felony if he or she willfully, knowingly, and without
authorization physically tampers with, inserts a computer contaminant into, or otherwise
transmits commands or electronic communications to a computer, computer system, computer
network, or electronic device that causes a disruption in any service delivered by any critical
infrastructure.
The bill may have a positive indeterminate fiscal impact on the Department of Corrections. See
Section V. Fiscal Impact Statement.
The bill is effective July 1, 2024.
II. Present Situation:
Acts of Destruction against Utilities
The National Conference of State Legislatures (NCSL) suggests that states should be aware of
and be prepared for actual physical threats perpetrated by humans to energy infrastructure.1 The
U.S. Department of Energy’s annual summary of Electric Emergency Incident and Disturbance
Reports indicates at least 25 reports were filed as actual physical attacks in electric utilities
perpetrated by humans in 2022, compared to six attacks in 2021.2
A sample of the attacks to critical infrastructure throughout the country in the last few years
includes:
In September 2022, six separate incidents occurred at Duke Energy substations in Central
Florida.3
1
The National Conference of State Legislatures, Human-Driven Physical Threats to Energy Infrastructure, updated May 22,
2023, available at www.ncsl.org/energy/human-driven-physical-threats-to-energy-infrastructure (last visited Jan. 30, 2024).
2
Id.; U.S. Department of Energy, Office of Cybersecurity, Energy Security, & Emergency Response, Electric Disturbance
Events (OE-417) Annual Summaries, available at https://www.oe.netl.doe.gov/OE417_annual_summary.aspx (last visited
Jan 26, 2024).
3
USA TODAY, Attacks on power substations are growing. Why is the electric grid so hard to protect?, Dinah Voyles
Pulver, Grace Hauck, December 30, 2022, updated February 8, 2023, available at
https://www.usatoday.com/story/news/nation/2022/12/30/power-grid-attacks-increasing/10960265002/ (last visited Jan. 26,
2024).
BILL: CS/CS/CS/SB 340 Page 3
In December 2022, 40,000 customers in Monroe County, North Carolina, lost power due to
firearm attacks at two substations.4
Additional such attacks – or at least thwarted plans to make them – to critical infrastructure
have also occurred in Oregon, South Carolina, and Washington.5
Florida Criminal Laws that May Apply to Incidents Involving Intentional Damage of
Critical Infrastructure
Although there is no current Florida criminal offense of intentional damage of critical
infrastructure, under certain facts, a person may be charged under existing crimes for such
damage. These crimes include, in part, the offense of trespass and criminal mischief.
A person commits the crime of trespass on a property other than a structure or conveyance if that
person, without being authorized, licensed, or invited, willfully enters upon or remains in any
property other than a structure or conveyance:
As to which notice against entering or remaining is given, either by actual communication to
the offender or by posting, fencing, or cultivation; or
If the property is the unenclosed curtilage of a dwelling and the offender enters or remains
with the intent to commit an offense thereon, other than the offense of trespass.6
Trespass on property other than a structure or conveyance is a first degree misdemeanor offense.7
If the offender is armed with a firearm or other dangerous weapon during the commission of the
offense of trespass on property other than a structure or conveyance, he or she commits a third
degree felony.8,9
A person commits the offense of criminal mischief if he or she willfully and maliciously injures
or damages by any means any real or personal property belonging to another, including, but not
limited to, the placement of graffiti or other acts of vandalism:10
If the damage to such property is $200 or less, it is a misdemeanor of the second degree.11
4
Utility Dive News, FBI called to investigate firearms attacks on Duke Energy substations in North Carolina; 40K without
power, Robert Walton, December 4, 2022, available at https://www.utilitydive.com/news/fbi-investigate-firearms-attacks-
duke-energy-substations-North-Carolina/637927/ (last visited Jan. 30, 2024).
5
Koin News, Memo: Oregon, Washington substations intentionally attacked; Aim is ‘violent anti-government activity,’ Elise
Haas, December 6, 2022, available at https://www.koin.com/news/oregon/memo-oregon-washington-substations-
intentionally-attacked/ (last visited Jan. 26, 2024); WLTX News 19, South Carolina lawmakers pass power grid protections
after attacks, Dominion Energy said the state had 12 of these incidents last year alone, Becky Budds, March 20, 2023,
available at https://www.wltx.com/article/news/politics/state-lawmakers-pass-power-grid-protections/101-a3c290a8-42f5-
4915-94aa-533cfbed0db1 (last visited Jan. 26, 2024).
6
Section 810.09, F.S.
7
A first degree misdemeanor is punishable by up to 1 year in the county jail and a $1,000 fine. Sections 775.082 and
775.083, F.S.
8
Section 810.09(2)(c), F.S.
9
A third degree felony is punishable by up to 5 years’ incarceration and a $5,000 fine. Sections 775.082 and 775.083, F.S.
10
Section 806.13, F.S.
11
Id. A second degree misdemeanor is punishable by up to 60 days in the county jail and a $500 fine. Sections 775.082 and
775.083, F.S.
BILL: CS/CS/CS/SB 340 Page 4
If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor
of the first degree.12
If the damage is $1,000 or greater, or if there is interruption or impairment of a business
operation or public communication, transportation, supply of water, gas or power, or other
public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the
third degree.13
Additionally, Florida law specifically criminalizes damage to certain telecommunications
equipment. A person who, without the consent of the owner thereof, willfully destroys or
substantially damages any public telephone, or telephone cables, wires, fixtures, antennas,
amplifiers, or any other apparatus, equipment, or appliances, which destruction or damage
renders a public telephone inoperative or which opens the body of a public telephone, commits a
third degree felony.14
Section 815.061, F.S., also provides penalties for computer-related crimes against public
utilities.15 The section provides willfully, knowingly, and without authorization:
Gaining access to a computer, computer system, computer network, or electronic device
owned, operated, or used by a public utility while knowing that such access is unauthorized,
is a felony of the third degree.16
Physically tampering with, inserting a computer contaminant into, or otherwise transmitting
commands or electronic communications to a computer, computer system, computer
network, or electronic device that causes a disruption in any service delivered by a public
utility, is a felony of the second degree.17
Section 815.06, F.S., is also the general cyber-crime statute for Florida. The section provides that
it is unlawful to willfully, knowingly, and without authorization or exceeding authorization to:
Access or cause to be accessed any computer, computer system, computer network, or
electronic device with knowledge that such access is unauthorized or the manner of use
exceeds authorization;
Disrupt or deny or cause the denial of the ability to transmit data to or from an authorized
user of a computer, computer system, computer network, or electronic device, which, in
whole or in part, is owned by, under contract to, or operated for, on behalf of, or in
conjunction with another;
12
Id. A first degree misdemeanor is punishable by up to 1 year in the county jail and a $1,000 fine. Sections 775.082 and
775.083, F.S.
13
Id. A third degree felony is punishable by up to 5 years’ incarceration and a $5,000 fine. Sections 775.082 and 775.083,
F.S.
14
Id. A conspicuous notice of the provisions of this subsection and the penalties provided must be posted on or near the
destroyed or damaged instrument and visible to the public at the time of the commission of the offense.
15
“Public utility” for this provision means the same as in s. 366.02, F.S. Under s. 366.02, F.S., a “public utility” is defined
“as every person, corporation, partnership, association, or other legal entity and their lessees, trustees, or receivers supplying
electricity or gas (natural, manufactured, or similar gaseous substance) to or for the public within this state.” There are,
however, several exceptions to this definition, which include, “a cooperative now or hereafter organized and existing under
the Rural Electric Cooperative Law of the state; a municipality or any agency thereof; [and] any dependent or independent
special natural gas district.” Generally, “public utility” means investor-owned utilities.
16
A third degree felony is punishable by up to 5 years’ incarceration and a $5,000 fine. Sections 775.082 and 775.083, F.S.
17
A second degree felony is punishable by up to 15 years’ imprisonment and a fine of up to $10,000. Sections 775.082,
775.083, and 775.084, F.S.
BILL: CS/CS/CS/SB 340 Page 5
Destroy, take, injure, or damage equipment or supplies used or intended to be used in a
computer, computer system, computer network, or electronic device;
Destroy, injure, or damage any computer, computer system, computer network, or electronic
device;
Introduce any computer contaminant into any computer, computer system, computer
network, or electronic device; or
Engage in audio or video surveillance of an individual by accessing any inherent feature or
component of a computer, computer system, computer network, or electronic device,
including accessing the data or information of a computer, computer system, computer
network, or electronic device that is stored by a third party.18
Penalties for violations of s. 815.06, F.S., range from a felony of the third degree19 to a felony of
the first degree,20 depending on the unlawful act and the severity of the unlawful act.21 Section
815.06(4), F.S., also provides that “a person who willfully, knowingly, and without authorization
modifies equipment or supplies used or intended to be used in a computer, computer system,
computer network, or electronic device commits a misdemeanor of the first degree.”22 Civil
remedies are also provided under the section.
Current Florida Statutes Defining “Critical Infrastructure”
The term “critical infrastructure facility” is currently defined in two sections of Florida law.
In the context of protecting critical infrastructure from a drone’s flightpath, s. 330.41, F.S.,
defines a “critical infrastructure facility” as any of the following, if completely enclosed by a
fence or other physical barrier obviously designed to exclude intruders, or if clearly marked with
a sign or signs which indicate that entry is forbidden and which are posted on the property in a
manner reasonably likely to come to the attention of intruders:
A power generation or transmission facility, substation, switching station, or electrical
control center.
A chemical or rubber manufacturing or storage facility.
A water intake structure, water treatment facility, wastewater treatment plant, or pump
station.
A mining facility.
A natural gas or compressed gas compressor station, storage facility, or natural gas or
compressed gas pipeline.
A liquid natural gas or propane gas terminal or storage facility.
Any portion of an aboveground oil or gas pipeline.
A refinery.
18
Section 815.06(2), F.S.
19
A third degree felony is punishable by up to 5 years’ incarceration and a $5,000 fine. Sections 775.082 and 775.083, F.S.
20
A first degree felony is punishable by up to 30 years’ incarceration or, when specifically provided by statute, by
imprisonment for a term of years not exceeding life imprisonment, and a $10,000 fine (or $15,000 for a life felony). Sections
775.082 and 775.083, F.S.
21
Section 815.06(3), F.S.
22
Section 815.06(4), F.S.
BILL: CS/CS/CS/SB 340 Page 6
A gas processing plant, including a plant used in the processing, treatment, or fractionation of
natural gas.
A wireless communications facility, including the tower, antennae, support structures, and all
associated ground-based equipment.
A seaport as listed in s. 311.09(1), F.S., which need not be completely enclosed by a fence or
other physical barrier and need not be marked with a sign or signs indicating that entry is
forbidden.
An inland port or other facility or group of facilities serving as a point of intermodal transfer
of freight in a specific area physically separated from a seaport.
An airport as defined in s. 330.27, F.S.
A spaceport territory as defined in s. 331.303(18), F.S.
A military installation as defined in 10 U.S.C. s. 2801(c)(4) and an armory as defined in
s. 250.01, F.S.
A dam as defined in s. 373.403(1), F.S., or other structures, such as locks, floodgates, or
dikes, which are designed to maintain or control the level of navigable waterways.
A state correctional institution as defined in s. 944.02, F.S., or a private correctional facility
authorized under ch. 957, F.S.
A secure detention center or facility as defined