Florida Statutes

Fla. Stat. § 815.03 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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815.03 Definitions.—As used in this chapter, unless the context clearly indicates otherwise:

(1) “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.

(2) “Computer” means an internally programmed, automatic device that performs data processing.

(3) “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. The term includes, but is not limited to, a group of computer instructions, commonly called viruses or worms, which are self-replicating or self-propagating and which are designed to contaminate other computer programs or computer data; consume computer resources; modify, destroy, record, or transmit data; or in some other fashion usurp or interfere with the normal operation of the computer, computer system, or computer network.

(4) “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.

(5) “Computer program or computer software” means a set of instructions or statements and related data which, when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions.

(6) “Computer services” include, but are not limited to, computer time; data processing or storage functions; or other uses of a computer, computer system, or computer network.

(7) “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. The term does not include calculators that are not programmable and that are not capable of being used in conjunction with external files.

(8) “Data” means a representation of information, knowledge, facts, concepts, computer software, computer programs, or instructions. Data may be in any form, in storage media or stored in the memory of the computer, or in transit or presented on a display device.

(9) “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.

(10) “Financial instrument” means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, or marketable security.

(11) “Intellectual property” means data, including programs.

(12) “Property” means anything of value as defined in s. 812.012 and includes, but is not limited to, financial instruments, information, including electronically produced data and computer software and programs in machine-readable or human-readable form, and any other tangible or intangible item of value.

History.—s. 1, ch. 78-92; s. 9, ch. 2001-54; s. 4, ch. 2010-117; s. 3, ch. 2014-208; s. 39, ch. 2019-167.

Notes of Decisions

Cited in 6 cases, 1994–2017 · leading case: Rodriguez v. State, 956 So. 2d 1226 (Fla. 4th DCA 2007).

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Rodriguez v. State, 956 So. 2d 1226 (Fla. 4th DCA 2007). · cites it 2× “" § 815.03, Fla. Stat. (2003). The evidence showed that appellant made the adjustments at a computer he was authorized to use, that he was authorized to access the system by using his password, and that he was authorized to access the network.”

Newberger v. State, 641 So. 2d 419 (Fla. 2d DCA 1994). · cites it 2× “§ 815.03(10), Fla. Stat. (1991). It may be that section 815.”

Mario Crapps v. State of Florida, 180 So. 3d 1125 (Fla. 1st DCA 2015). · cites it 2× “§ 815.03, Fla. Stat. (2013). As he did below, 1 Appellant argues on appeal that the ex-girlfriend’s Instagram account does not fall within any of these statutory definitions.”

In Re Stand. Jury Instructions in Crim. Cases-Report No. 2010-02, 44 So. 3d 565 (Fla. 2010). ““Property,” for purposes of computer-related crimes under chapter 815, Florida Statutes (2009), is now defined in section 815.03(11), and includes, while not limited to, the following: financial instruments; information, including electronically produced data and computer…”

Umhoefer v. State, 235 So. 3d 989 (Fla. 2d DCA 2017). · cites it 7× “person commits an offense against users • of computers, computer systems,- computer networks, or electronic devices if he or she willfully, knowingly, and without authorization: (a) Accesses or causes to be accessed any computer, computer system, computer network, or electronic…”

Willoughby v. State, 84 So. 3d 1210 (Fla. 3d DCA 2012). “” § 815.03(1). Subsection (6) of section 815.”

— 815.03(1) — 2 cases

Umhoefer v. State, 235 So. 3d 989 (Fla. 2d DCA 2017). “person commits an offense against users • of computers, computer systems,- computer networks, or electronic devices if he or she willfully, knowingly, and without authorization: (a) Accesses or causes to be accessed any computer, computer system, computer network, or electronic…”

Willoughby v. State, 84 So. 3d 1210 (Fla. 3d DCA 2012). “” § 815.03(1). Subsection (6) of section 815.”

— 815.03(10) — 1 case

Newberger v. State, 641 So. 2d 419 (Fla. 2d DCA 1994). “§ 815.03(10), Fla. Stat. (1991). It may be that section 815.”

— 815.03(11) — 1 case

— 815.03(4) — 1 case

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