Florida Statute 815.06
“Offenses against users of computers, computer systems, computer networks, and electronic devices”
What it means
A person commits an offense if he or she willfully, knowingly, and without authorization or exceeding authorization accesses a computer, computer system, computer network, or electronic device with knowledge that the access is unauthorized or exceeds authorization (subsection (2)(a)). The section also covers disrupting data transmission, destroying or damaging equipment, introducing a computer contaminant, and audio or video surveillance through a device's features (subsection (2)(b)-(f)).
The default grade is a third-degree felony (subsection (3)(a)). It is a second-degree felony if the violation causes damage or loss of at least $5,000, is committed to carry out a scheme to defraud or obtain property, interrupts a governmental operation or public service, or intentionally interrupts data to or from, or gains unauthorized access to, a computer or device belonging to a mode of public or private transit (subsection (3)(b)). It is a first-degree felony if it endangers human life or disrupts a device that affects medical equipment used in direct medical care (subsection (3)(c)).
The owner or lessee may bring a civil action for compensatory damages against a person convicted under the section, and the court may award fees to the prevailing party (subsection (5)). The section does not apply to a person acting under a search warrant, within the scope of lawful employment, or performing authorized security operations of a government or business (subsection (7)).
- Willful, knowing access without authorization or exceeding authorization is an offense (§ 815.06(2)(a)).
- The default grade is a third-degree felony (§ 815.06(3)(a)).
- Second-degree felony: damage or loss of at least $5,000, a scheme to defraud or obtain property, or interrupting a governmental operation or public service (§ 815.06(3)(b)).
- First-degree felony: endangering human life or disrupting a device affecting medical equipment used in direct care (§ 815.06(3)(c)).
- The owner or lessee may bring a civil action against a person convicted, and fees may be awarded to the prevailing party (§ 815.06(5)).
- Exemptions: acts under a search warrant, within lawful employment, or authorized security operations (§ 815.06(7)).
Text of the statute (2026)
(2) A person commits an offense against users of computers, computer systems, computer networks, or electronic devices if he or she willfully, knowingly, and without authorization or exceeding authorization: (a) Accesses or causes 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;
(3)(a) Except as provided in paragraphs (b) and (c), a person who violates subsection (2) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she violates subsection (2) and: 1. Damages a computer, computer equipment or supplies, a computer system, or a computer network and the damage or loss is at least $5,000; 2. Commits the offense for the purpose of devising or executing any scheme or artifice to defraud or obtain property; 3. Interrupts or impairs a governmental operation or public communication, transportation, or supply of water, gas, or other public service; or 4. Intentionally interrupts the transmittal of data to or from, or gains unauthorized access to, a computer, computer system, computer network, or electronic device belonging to any mode of public or private transit, as defined in s. 341.031.
(c) A person who violates subsection (2) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the violation: 1. Endangers human life; or 2. Disrupts a computer, computer system, computer network, or electronic device that affects medical equipment used in the direct administration of medical care or treatment to a person.
(5)(a) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, computer equipment or supplies, electronic device, or computer data may bring a civil action against a person convicted under this section for compensatory damages. (b) In an action brought under this subsection, the court may award reasonable attorney fees to the prevailing party.
(7) This section does not apply to a person who: (a) Acts pursuant to a search warrant or to an exception to a search warrant authorized by law; (b) Acts within the scope of his or her lawful employment; or (c) Performs authorized security operations of a government or business.
Excerpts are the subsections the summary relies on. Read the full official text of § 815.06.
History. s. 1, ch. 78-92; s. 11, ch. 2001-54; s. 5, ch. 2014-208; s. 40, ch. 2019-167.
How it applies
Section 815.06 turns on authorization. Chapter 740 sets out a procedure for a personal representative of a deceased user to request digital assets from a custodian. Unless the user prohibited disclosure or the court directs otherwise, on a written request with a death certificate and letters of administration or a court order, the custodian discloses a catalog of electronic communications and other digital assets; the custodian may also request an account identifier, evidence linking the account to the user, an affidavit, or a court order (§ 740.007(1)-(4)). Disclosure of the content of communications requires the user's consent or a court direction (§ 740.006). Whether a particular access is authorized depends on the facts.
Where this shows up
Pages on this site where § 815.06 does real work:
Questions people ask
Sources
- Fla. Stat. § 815.06 (2026) (“without authorization or exceeding authorization” Offense.)
- Fla. Stat. § 740.006 (2026) (“If a deceased user consented to or a court directs the disclosure of the content of electronic communications” Disclosure of content.)
- Fla. Stat. § 740.007 (2026) (“a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications” Disclosure of other digital assets.)
Last checked: October 17, 2026
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