Attorney Ronald S. Chapman Says Florida New Law Wake-up Call for Cybercriminals

WEST PALM BEACH, FL – Criminal defense attorney Ronald S. Chapman weighs in on the passage of Cybersecurity legislation (Florida HB 7055) (Bill) unanimously passed by the Florida Legislature earlier this year amending portions of the State Cybersecurity Act (SCA). The new law establishes new cybersecurity requirements on Florida state, county and local government agencies, and imposes felony penalties for cybercrime. The Bill was sponsored by Representatives Mike Giallombardo (R) and Jason Fisher (R), among others. The Bill was signed into law by Governor DeSantis on June 24, 2022, and became effective on July 1, 2022.

Among other things, the Bill created a new section in Florida statutes imposing new criminal penalties and fines for certain ransomware offenses against a government entity in Florida. The statute defines “government entity” to include officials, councils, and committees in addition to state government, state agencies, and county and municipal governments.

In part, the new law provides that a first-degree felony penalty applies to employees and contractors of government entities who have access to the government entity's network and who willfully and knowingly aid or abet another in the commission of cybercrime against the government entity.

Before the Bill's passage, the law did not specifically address ransomware, a type of malware designed to encrypt files on a device, rendering any files inaccessible. The cybercriminal would then demand a ransom to decrypt the data. Local government leaders faced two choices regarding the demand: pay the ransom and hope that the criminals restored the data or bear the impact and cost of restoring the data themselves.

Local government leaders now have only one option under this new legislation. Any local government in Florida is now prohibited from paying or complying with a ransomware demand.

In addition to any other penalties imposed, the convicted person must pay a fine equal to twice the amount demanded in the ransomware offense, the proceeds of which will be deposited into the General Revenue Fund. The complete text of Florida Statutes, Section 815.062, can be read here.

“With cybercrime and ransomware on the rise, it is no surprise that Florida joined North Carolina in taking important steps to deal with these threats. This should serve as a wake-up call to anyone tempted to commit a cybercrime in Florida, as they now face a first-degree felony charge (up to 34 years in prison if convicted) and hefty fines. If someone has committed a cybercrime, their best defense is to seek legal counsel without delay," says criminal defense attorney Ronald S. Chapman.

About Ronald S. Chapman, P.A.

Ron Chapman has 34 years of experience as a criminal defense lawyer. He represents people accused of committing a wide range of crimes in both State and Federal Court in Florida. Those crimes include cybercrimes, DUI, battery, economic crimes such as theft and dealing in stolen property, animal abuse, traffic crimes such as reckless driving, murder, manslaughter, crimes against children, federal crimes involving guns and drugs, sex crimes, crimes against the elderly, appeals, and violations of probation.

If you or someone you know requires the assistance of a proven criminal defense attorney, look no further than the law firm of Ronald S. Chapman. Call him today at (561) 832-4348 or visit his website at https://justiceflorida.com/. His professional team is available to assist you 24 hours a day, 7 days a week.