Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. PCS (591178) for SB 7050
       
       
       
       
       
       
                                Ì3973164Î397316                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2016           .                                
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       The Committee on Appropriations (Ring) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 20.61, Florida
    6  Statutes, is amended to read:
    7         20.61 Agency for State Technology.—The Agency for State
    8  Technology is created within the Department of Management
    9  Services. The agency is a separate budget program and is not
   10  subject to control, supervision, or direction by the Department
   11  of Management Services, including, but not limited to,
   12  purchasing, transactions involving real or personal property,
   13  personnel, or budgetary matters.
   14         (3) The Technology Advisory Council, consisting of seven
   15  members, is established within the Agency for State Technology
   16  and shall be maintained pursuant to s. 20.052. Four members of
   17  the council shall be appointed by the Governor, two of whom must
   18  be from the private sector and one of whom must be a
   19  cybersecurity expert. The President of the Senate and the
   20  Speaker of the House of Representatives shall each appoint one
   21  member of the council. The Attorney General, the Commissioner of
   22  Agriculture and Consumer Services, and the Chief Financial
   23  Officer shall jointly appoint one member by agreement of a
   24  majority of these officers. Upon initial establishment of the
   25  council, two of the Governor’s appointments shall be for 2-year
   26  terms. Thereafter, all appointments shall be for 4-year terms.
   27         (a) The council shall consider and make recommendations to
   28  the executive director on such matters as enterprise information
   29  technology policies, standards, services, and architecture. The
   30  council may also identify and recommend opportunities for the
   31  establishment of public-private partnerships when considering
   32  technology infrastructure and services in order to accelerate
   33  project delivery and provide a source of new or increased
   34  project funding.
   35         (b) The executive director shall consult with the council
   36  with regard to executing the duties and responsibilities of the
   37  agency related to statewide information technology strategic
   38  planning and policy.
   39         (c) The council shall be governed by the Code of Ethics for
   40  Public Officers and Employees as set forth in part III of
   41  chapter 112, and each member must file a statement of financial
   42  interests pursuant to s. 112.3145.
   43         Section 2. Subsections (3) and (4) of section 282.318,
   44  Florida Statutes, are amended to read:
   45         282.318 Security of data and information technology.—
   46         (3) The Agency for State Technology is responsible for
   47  establishing standards and processes consistent with generally
   48  accepted best practices for information technology security, to
   49  include cybersecurity, and adopting rules that safeguard an
   50  agency’s data, information, and information technology resources
   51  to ensure availability, confidentiality, and integrity and to
   52  mitigate risks. The agency shall also:
   53         (a) Develop, and annually update by February 1, a statewide
   54  information technology security strategic plan that includes
   55  security goals and objectives for the strategic issues of
   56  information technology security policy, risk management,
   57  training, incident management, and disaster recovery planning.
   58         (b) Develop and publish for use by state agencies an
   59  information technology security framework that, at a minimum,
   60  includes guidelines and processes for:
   61         1. Establishing asset management procedures to ensure that
   62  an agency’s information technology resources are identified and
   63  managed consistent with their relative importance to the
   64  agency’s business objectives.
   65         2. Using a standard risk assessment methodology that
   66  includes the identification of an agency’s priorities,
   67  constraints, risk tolerances, and assumptions necessary to
   68  support operational risk decisions.
   69         3. Completing comprehensive risk assessments and
   70  information technology security audits, which may be completed
   71  by a private sector vendor, and submitting completed assessments
   72  and audits to the Agency for State Technology.
   73         4. Identifying protection procedures to manage the
   74  protection of an agency’s information, data, and information
   75  technology resources.
   76         5. Establishing procedures for accessing information and
   77  data to ensure the confidentiality, integrity, and availability
   78  of such information and data.
   79         6. Detecting threats through proactive monitoring of
   80  events, continuous security monitoring, and defined detection
   81  processes.
   82         7. Establishing agency computer security incident response
   83  teams and describing their responsibilities for responding to
   84  information technology security incidents, including breaches of
   85  personal information containing confidential or exempt data.
   86         8. Recovering information and data in response to an
   87  information technology security incident. The recovery may
   88  include recommended improvements to the agency processes,
   89  policies, or guidelines.
   90         9.Establishing an information technology security incident
   91  reporting process that includes procedures and tiered reporting
   92  timeframes for notifying the Agency for State Technology and the
   93  Department of Law Enforcement of information technology security
   94  incidents. The tiered reporting timeframes shall be based upon
   95  the level of severity of the information technology security
   96  incidents being reported.
   97         10.Incorporating information obtained through detection
   98  and response activities into the agency’s information technology
   99  security incident response plans.
  100         11.9. Developing agency strategic and operational
  101  information technology security plans required pursuant to this
  102  section.
  103         12.10. Establishing the managerial, operational, and
  104  technical safeguards for protecting state government data and
  105  information technology resources that align with the state
  106  agency risk management strategy and that protect the
  107  confidentiality, integrity, and availability of information and
  108  data.
  109         (c) Assist state agencies in complying with this section.
  110         (d) In collaboration with the Cybercrime Office of the
  111  Department of Law Enforcement, annually provide training for
  112  state agency information security managers and computer security
  113  incident response team members that contains training on
  114  information technology security, including cybersecurity,
  115  threats, trends, and best practices.
  116         (e) Annually review the strategic and operational
  117  information technology security plans of executive branch
  118  agencies.
  119         (4) Each state agency head shall, at a minimum:
  120         (a) Designate an information security manager to administer
  121  the information technology security program of the state agency.
  122  This designation must be provided annually in writing to the
  123  Agency for State Technology by January 1. A state agency’s
  124  information security manager, for purposes of these information
  125  security duties, shall report directly to the agency head.
  126         (b)In consultation with the Agency for State Technology
  127  and the Cybercrime Office of the Department of Law Enforcement,
  128  establish an agency computer security incident response team to
  129  respond to an information technology security incident. The
  130  agency computer security incident response team shall convene
  131  immediately upon notification of an information technology
  132  security incident and must comply with all applicable guidelines
  133  and processes established pursuant to paragraph (3)(b).
  134         (c)(b) Submit to the Agency for State Technology annually
  135  by July 31, the state agency’s strategic and operational
  136  information technology security plans developed pursuant to
  137  rules and guidelines established by the Agency for State
  138  Technology.
  139         1. The state agency strategic information technology
  140  security plan must cover a 3-year period and, at a minimum,
  141  define security goals, intermediate objectives, and projected
  142  agency costs for the strategic issues of agency information
  143  security policy, risk management, security training, security
  144  incident response, and disaster recovery. The plan must be based
  145  on the statewide information technology security strategic plan
  146  created by the Agency for State Technology and include
  147  performance metrics that can be objectively measured to reflect
  148  the status of the state agency’s progress in meeting security
  149  goals and objectives identified in the agency’s strategic
  150  information security plan.
  151         2. The state agency operational information technology
  152  security plan must include a progress report that objectively
  153  measures progress made towards the prior operational information
  154  technology security plan and a project plan that includes
  155  activities, timelines, and deliverables for security objectives
  156  that the state agency will implement during the current fiscal
  157  year.
  158         (d)(c) Conduct, and update every 3 years, a comprehensive
  159  risk assessment, which may be completed by a private sector
  160  vendor, to determine the security threats to the data,
  161  information, and information technology resources, including
  162  mobile devices and print environments, of the agency. The risk
  163  assessment must comply with the risk assessment methodology
  164  developed by the Agency for State Technology and is confidential
  165  and exempt from s. 119.07(1), except that such information shall
  166  be available to the Auditor General, the Agency for State
  167  Technology, the Cybercrime Office of the Department of Law
  168  Enforcement, and, for state agencies under the jurisdiction of
  169  the Governor, the Chief Inspector General.
  170         (e)(d) Develop, and periodically update, written internal
  171  policies and procedures, which include procedures for reporting
  172  information technology security incidents and breaches to the
  173  Cybercrime Office of the Department of Law Enforcement and the
  174  Agency for State Technology. Such policies and procedures must
  175  be consistent with the rules, guidelines, and processes
  176  established by the Agency for State Technology to ensure the
  177  security of the data, information, and information technology
  178  resources of the agency. The internal policies and procedures
  179  that, if disclosed, could facilitate the unauthorized
  180  modification, disclosure, or destruction of data or information
  181  technology resources are confidential information and exempt
  182  from s. 119.07(1), except that such information shall be
  183  available to the Auditor General, the Cybercrime Office of the
  184  Department of Law Enforcement, the Agency for State Technology,
  185  and, for state agencies under the jurisdiction of the Governor,
  186  the Chief Inspector General.
  187         (f)(e) Implement managerial, operational, and technical
  188  safeguards and risk assessment remediation plans recommended
  189  established by the Agency for State Technology to address
  190  identified risks to the data, information, and information
  191  technology resources of the agency.
  192         (g)(f) Ensure that periodic internal audits and evaluations
  193  of the agency’s information technology security program for the
  194  data, information, and information technology resources of the
  195  agency are conducted. The results of such audits and evaluations
  196  are confidential information and exempt from s. 119.07(1),
  197  except that such information shall be available to the Auditor
  198  General, the Cybercrime Office of the Department of Law
  199  Enforcement, the Agency for State Technology, and, for agencies
  200  under the jurisdiction of the Governor, the Chief Inspector
  201  General.
  202         (h)(g) Include appropriate information technology security
  203  requirements in the written specifications for the solicitation
  204  of information technology and information technology resources
  205  and services, which are consistent with the rules and guidelines
  206  established by the Agency for State Technology in collaboration
  207  with the Department of Management Services.
  208         (i)(h) Provide information technology security and
  209  cybersecurity awareness training to all state agency employees
  210  in the first 30 days after commencing employment concerning
  211  information technology security risks and the responsibility of
  212  employees to comply with policies, standards, guidelines, and
  213  operating procedures adopted by the state agency to reduce those
  214  risks. The training may be provided in collaboration with the
  215  Cybercrime Office of the Department of Law Enforcement.
  216         (j)(i) Develop a process for detecting, reporting, and
  217  responding to threats, breaches, or information technology
  218  security incidents that are consistent with the security rules,
  219  guidelines, and processes established by the Agency for State
  220  Technology.
  221         1. All information technology security incidents and
  222  breaches must be reported to the Agency for State Technology and
  223  the Cybercrime Office of the Department of Law Enforcement and
  224  must comply with the notification procedures and reporting
  225  timeframes established pursuant to paragraph (3)(b).
  226         2. For information technology security breaches, state
  227  agencies shall provide notice in accordance with s. 501.171.
  228         Section 3. Paragraph (e) of subsection (4) of section
  229  501.171, Florida Statutes, is amended to read:
  230         501.171 Security of confidential personal information.—
  231         (4) NOTICE TO INDIVIDUALS OF SECURITY BREACH.—
  232         (e) The notice to an individual with respect to a breach of
  233  security shall include, at a minimum:
  234         1. The date, estimated date, or estimated date range of the
  235  breach of security.
  236         2. A description of the personal information that was
  237  accessed or reasonably believed to have been accessed as a part
  238  of the breach of security.
  239         3. Information that the individual can use to contact the
  240  covered entity to inquire about the breach of security and the
  241  personal information that the covered entity maintained about
  242  the individual.
  243         4. Information on how to obtain free medical identity
  244  monitoring if personal health information as described in sub
  245  sub-subparagraph (1)(g)1.a.(IV) or sub-sub-subparagraph
  246  (1)(g)1.a.(V) was accessed or reasonably believed to have been
  247  accessed as part of the breach of security.
  248         5. Information indicating whether the covered entity is
  249  required or otherwise chooses to offer free financial credit
  250  monitoring to affected individuals.
  251         Section 4. This act shall take effect July 1, 2016.
  252  
  253  ================= T I T L E  A M E N D M E N T ================
  254  And the title is amended as follows:
  255         Delete everything before the enacting clause
  256  and insert:
  257                        A bill to be entitled                      
  258         An act relating to information technology security;
  259         amending s. 20.61, F.S.; revising the membership of
  260         the Technology Advisory Council to include a
  261         cybersecurity expert; amending s. 282.318, F.S.;
  262         revising the duties of the Agency for State
  263         Technology; providing that risk assessments and
  264         security audits may be completed by a private vendor;
  265         providing for the establishment of computer security
  266         incident response teams within state agencies;
  267         providing for the establishment of an information
  268         technology security incident reporting process;
  269         providing for information technology security and
  270         cybersecurity awareness training; revising duties of
  271         state agency heads; establishing computer security
  272         incident response team responsibilities; establishing
  273         notification procedures and reporting timelines for an
  274         information technology security incident or breach;
  275         amending s. 501.171, F.S.; revising the information
  276         that must be included in a notice of a security
  277         breach; providing an effective date.