Criminal defense
Critical Infrastructure Crimes in Miami
Since July 1, 2024, Florida has had a separate law for crimes involving "critical infrastructure." Acts that might once have been charged as trespass or criminal mischief, such as entering a fenced substation, cutting a line, or getting into a utility's computer system, can now be second- or third-degree felonies.
Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.
What Counts as Critical Infrastructure
The statute covers two groups:
- Linear assets, wherever they are: electric distribution or transmission lines, oil or gas pipelines, communication wirelines, and railways, plus their attachments.
- Listed facilities, but only if the owner used measures to keep people out, such as fences, barriers, guard posts, or no-trespassing signs. The list includes power plants and substations; water and wastewater plants and pump or lift stations; wired or wireless communications facilities, including towers; chemical and gas facilities; large propane terminals; seaports listed in state law; rail yards, trucking terminals, and freight facilities; airports; spaceport territory; broadcast transmission sites; dams and floodgates; and certain military and defense research facilities.
What the State Must Prove
Improper tampering (s. 812.141(2); Fla. Std. Jury Instr. (Crim.) 12.10, Elements):
- You improperly tampered with critical infrastructure, meaning you caused or tried to cause significant damage to it, or a significant interruption or impairment of its function, without permission or authority.
- You did it knowingly and intentionally.
- It caused $200 or more in damage, or an interruption or impairment costing $200 or more in labor and supplies to restore.
Trespass on critical infrastructure (s. 812.141(4); Instr. 13.8, Elements):
- You willfully entered or stayed on critical infrastructure.
- You were not authorized, licensed, or invited.
- You had notice not to enter, either told to you directly or given by posting, fencing, or cultivation as Florida's trespass law defines them.
Unauthorized computer access (s. 812.141(5)(a); Instr. 12.11, Elements): you willfully and knowingly accessed a computer, system, network, or electronic device owned, operated, or used by a critical infrastructure entity; you were not authorized; and you knew it at the time.
Disrupting a service (s. 812.141(5)(b); Instr. 12.12, Elements): willfully, knowingly, and without authorization, you physically tampered with, inserted a computer contaminant (such as a virus) into, or sent commands or communications to a computer, system, network, or device, and that caused a disruption in a service delivered by critical infrastructure.
Degrees and Penalties
- Improper tampering ($200+): second-degree felony, up to 15 years and a $10,000 fine.
- Trespass on critical infrastructure: third-degree felony, up to 5 years and a $5,000 fine.
- Unauthorized computer access: third-degree felony.
- Disrupting a service through a computer or device: second-degree felony.
After a tampering conviction, the owner or operator can also sue for three times its damages under s. 812.141(3).
Common Miami Situations
- Climbing a fence at a substation, lift station, or cell tower site to take photos or film.
- Stripping copper or cable from utility or phone lines.
- A former employee or contractor who logs in to a utility, port, or airport system after access ended.
Defense Themes
- Is it covered? Many facilities count only if the owner actually used fences, barriers, guards, or signs.
- Notice. Trespass requires notice the way Florida law defines it.
- Knowledge and intent. Tampering requires that you acted knowingly and intentionally; the computer crimes require willful, knowing, unauthorized conduct.
- The $200 threshold. The State must prove damage or restoration cost.
- Authorization. Shared passwords, unclear access rules, and contractor permissions matter.
What to Do First
- Do not post or delete photos, videos, or messages about the site.
- Do not talk to utility security or investigators without a lawyer.
- Preserve work orders, badges, contracts, and login permissions if you had legitimate access.
- Call us.
Why Choose Dennis Gonzalez Law, P.A.
- Former Miami-Dade prosecutor.
- Defending people since 2012.
- Super Lawyers recognition and an Avvo Rating of 10.0.
- Bilingual office — se habla español.
- We answer 24 hours a day. Call (305) 209-0384.
Frequently Asked Questions
Is trespassing at a substation or cell tower a felony?
If the site qualifies as critical infrastructure and you had notice not to enter, it is a third-degree felony.
I took copper wire from an old line. Is that more than theft?
It can be. Damaging a linear asset, such as power or phone lines, by $200 or more can be charged as improper tampering, a second-degree felony.
Is accessing a utility's computer always a crime?
Only if you knew you were not authorized. Authorization disputes are common in employee and contractor cases.