Three Things to Know About Civil Liability Under Florida Computer Crimes Act
The Florida Computer Crimes Act is a state law that is designed as a counterpart to the federal Computer Fraud and Abuse Act. Florida’s state law for computer fraud and abuse is both a criminal statute and a civil statute. At Perkins Law — Brand Protection, we have the experience needed to take on the full range of computer-related civil fraud/abuse claims. Here, our Florida computer fraud and abuse attorney highlights three things to know about civil liability under the Florida Computer Crimes Act.
#1: A Civil Claim Generally Requires a Criminal Conviction
The most important point is also the one many plaintiffs miss: section 815.06(5)(a) does not create a broad free-standing civil cause of action for every unauthorized-access dispute. Instead, the statute says that the owner or lessee of the covered computer property may bring a civil action for compensatory damages against a person convicted under this section. That language matters. In practice, the Florida Computer Crimes Act is narrower on the civil side than the federal Computer Fraud and Abuse Act (CFAA) in many situations. A plaintiff may still pursue other Florida claims and/or a CFAA claim without a conviction. Still, statutory damages action under section 815.06 is tied to a qualifying conviction.
#2: The Law Covers More Than Traditional “Hacking”
Civil liability under the Florida Computer Crimes Act is not limited to classic outsider intrusion, or as it is more commonly called “hacking.” The law covers a person who acts willfully and knowingly, without authorization or while exceeding authorization, and then accesses a computer or electronic device, disrupts transmission, damages hardware or systems, introduces a computer contaminant, or uses built-in features for audio or video surveillance. Florida also defines “access” broadly. It includes approaching, instructing, communicating with, storing data in, retrieving data from, or otherwise making use of computer resources.
#3: Standing Under the Florida Computer Crimes Act is Broad
The statute permits suit by the “owner or lessee” of the affected computer, computer system, computer network, computer program, computer equipment or supplies, electronic device, or computer data. That language is important because Florida did not limit civil standing to the owner of physical hardware alone. A business that leases infrastructure or holds rights in data or programs may fit within the statutory text. The primary remedy through a civil Computer Crimes Act claim is compensatory damages. If you were subject to a violation, an experienced Florida lawyer can help.
Call Our Florida Computer Crimes Lawyer for Civil Claims Today
At Perkins Law — Brand Protection, our Florida computer fraud and abuse lawyer handles the full range of Florida Computer Crimes cases. We can help you navigate questions of civil liability. Call us now or contact us online today to schedule a strictly confidential, no obligation initial appointment. We handle civil Florida Computer Crimes claims throughout the region, including in Miami-Dade County, Broward County, Palm Beach County, and Martin County.
