Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1662
       
       
       
       
       
       
                                Ì209390+Î209390                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/29/2024           .                                
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       The Committee on Governmental Oversight and Accountability
       (Collins) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (3), (4), and (5), (6)
    6  through (16), and (17) through (38) of section 282.0041, Florida
    7  Statutes, are redesignated as subsections (4), (5), and (6), (8)
    8  through (18), and (20) through (41), respectively, and new
    9  subsections (3), (7), and (19) are added to that section, to
   10  read:
   11         282.0041 Definitions.—As used in this chapter, the term:
   12         (3)“As a service” means the contracting with or
   13  outsourcing to a third party of a defined role or function as a
   14  means of delivery.
   15         (7)“Cloud provider” means an entity that provides cloud
   16  computing services.
   17         (19)“Enterprise digital data” means information held by a
   18  state agency in electronic form that is deemed to be data owned
   19  by the state and held for state purposes by the state agency.
   20  Enterprise digital data that is subject to statutory
   21  requirements for particular types of sensitive data or to
   22  contractual limitations for data marked as trade secrets or
   23  sensitive corporate data held by state agencies shall be treated
   24  in accordance with such requirements or limitations. The
   25  department must maintain personnel with appropriate licenses,
   26  certifications, or classifications to steward such enterprise
   27  digital data, as necessary. Enterprise digital data must be
   28  maintained in accordance with chapter 119. This subsection may
   29  not be construed to create or expand an exemption from public
   30  records requirements under s. 119.07(1) or s. 24(a), Art. I of
   31  the State Constitution.
   32         Section 2. Subsections (1), (4), and (5) of section
   33  282.0051, Florida Statutes, are amended, and paragraph (c) is
   34  added to subsection (2) of that section, to read:
   35         282.0051 Department of Management Services; Florida Digital
   36  Service; powers, duties, and functions.—
   37         (1) The Florida Digital Service is established has been
   38  created within the department to lead enterprise cybersecurity
   39  efforts, to safeguard enterprise digital data, to propose, test,
   40  develop, and deploy innovative solutions that securely modernize
   41  state government, including technology and information services,
   42  to achieve value through digital transformation and
   43  interoperability, and to fully support the cloud-first policy as
   44  specified in s. 282.206. The department, through the Florida
   45  Digital Service, shall have the following powers, duties, and
   46  functions:
   47         (a) Develop and publish information technology policy for
   48  the management of the state’s information technology resources.
   49         (b) Develop an enterprise architecture that:
   50         1. Acknowledges the unique needs of the entities within the
   51  enterprise in the development and publication of standards and
   52  terminologies to facilitate digital interoperability;
   53         2. Supports the cloud-first policy as specified in s.
   54  282.206; and
   55         3. Addresses how information technology infrastructure may
   56  be modernized to achieve cloud-first objectives.
   57         (c) Establish project management and oversight standards
   58  with which state agencies must comply when implementing
   59  information technology projects. The department, acting through
   60  the Florida Digital Service, shall provide training
   61  opportunities to state agencies to assist in the adoption of the
   62  project management and oversight standards. To support data
   63  driven decisionmaking, the standards must include, but are not
   64  limited to:
   65         1. Performance measurements and metrics that objectively
   66  reflect the status of an information technology project based on
   67  a defined and documented project scope, cost, and schedule.
   68         2. Methodologies for calculating acceptable variances in
   69  the projected versus actual scope, schedule, or cost of an
   70  information technology project.
   71         3. Reporting requirements, including requirements designed
   72  to alert all defined stakeholders that an information technology
   73  project has exceeded acceptable variances defined and documented
   74  in a project plan.
   75         4. Content, format, and frequency of project updates.
   76         5. Technical standards to ensure an information technology
   77  project complies with the enterprise architecture.
   78         (d) Ensure that independent Perform project oversight on
   79  all state agency information technology projects that have total
   80  project costs of $25 $10 million or more and that are funded in
   81  the General Appropriations Act or any other law is performed in
   82  compliance with applicable state and federal law. The
   83  department, acting through the Florida Digital Service, shall
   84  report at least quarterly to the Executive Office of the
   85  Governor, the President of the Senate, and the Speaker of the
   86  House of Representatives on any information technology project
   87  that the department identifies as high-risk due to the project
   88  exceeding acceptable variance ranges defined and documented in a
   89  project plan. The report must include a risk assessment,
   90  including fiscal risks, associated with proceeding to the next
   91  stage of the project, and a recommendation for corrective
   92  actions required, including suspension or termination of the
   93  project.
   94         (e) Identify opportunities for standardization and
   95  consolidation of information technology services that support
   96  interoperability and the cloud-first policy, as specified in s.
   97  282.206, and business functions and operations, including
   98  administrative functions such as purchasing, accounting and
   99  reporting, cash management, and personnel, and that are common
  100  across state agencies. The department, acting through the
  101  Florida Digital Service, shall biennially on January 15 1 of
  102  each even-numbered year provide recommendations for
  103  standardization and consolidation to the Executive Office of the
  104  Governor, the President of the Senate, and the Speaker of the
  105  House of Representatives.
  106         (f) Establish best practices for the procurement of
  107  information technology products and cloud-computing services in
  108  order to reduce costs, increase the quality of data center
  109  services, or improve government services.
  110         (g) Develop standards for information technology reports
  111  and updates, including, but not limited to, operational work
  112  plans, project spend plans, and project status reports, for use
  113  by state agencies.
  114         (h) Upon request, assist state agencies in the development
  115  of information technology-related legislative budget requests.
  116         (i)Conduct annual assessments of state agencies to
  117  determine compliance with all information technology standards
  118  and guidelines developed and published by the department and
  119  provide results of the assessments to the Executive Office of
  120  the Governor, the President of the Senate, and the Speaker of
  121  the House of Representatives.
  122         (i)(j) Conduct a market analysis not less frequently than
  123  every 3 years beginning in 2021 to determine whether the
  124  information technology resources within the enterprise are
  125  utilized in the most cost-effective and cost-efficient manner,
  126  while recognizing that the replacement of certain legacy
  127  information technology systems within the enterprise may be cost
  128  prohibitive or cost inefficient due to the remaining useful life
  129  of those resources; whether the enterprise is complying with the
  130  cloud-first policy specified in s. 282.206; and whether the
  131  enterprise is utilizing best practices with respect to
  132  information technology, information services, and the
  133  acquisition of emerging technologies and information services.
  134  Each market analysis shall be used to prepare a strategic plan
  135  for continued and future information technology and information
  136  services for the enterprise, including, but not limited to,
  137  proposed acquisition of new services or technologies and
  138  approaches to the implementation of any new services or
  139  technologies. Copies of each market analysis and accompanying
  140  strategic plan must be submitted to the Executive Office of the
  141  Governor, the President of the Senate, and the Speaker of the
  142  House of Representatives not later than December 31 of each year
  143  that a market analysis is conducted.
  144         (j)(k) Recommend other information technology services that
  145  should be designed, delivered, and managed as enterprise
  146  information technology services. Recommendations must include
  147  the identification of existing information technology resources
  148  associated with the services, if existing services must be
  149  transferred as a result of being delivered and managed as
  150  enterprise information technology services.
  151         (k)(l) In consultation with state agencies, propose a
  152  methodology and approach for identifying and collecting both
  153  current and planned information technology expenditure data at
  154  the state agency level.
  155         (l)1.(m)1. Notwithstanding any other law, provide project
  156  oversight on any information technology project of the
  157  Department of Financial Services, the Department of Legal
  158  Affairs, and the Department of Agriculture and Consumer Services
  159  which has a total project cost of $25 $20 million or more. Such
  160  information technology projects must also comply with the
  161  applicable information technology architecture, project
  162  management and oversight, and reporting standards established by
  163  the department, acting through the Florida Digital Service.
  164         2. When performing the project oversight function specified
  165  in subparagraph 1., report by the 30th day after the end of each
  166  quarter at least quarterly to the Executive Office of the
  167  Governor, the President of the Senate, and the Speaker of the
  168  House of Representatives on any information technology project
  169  that the department, acting through the Florida Digital Service,
  170  identifies as high-risk due to the project exceeding acceptable
  171  variance ranges defined and documented in the project plan. The
  172  report shall include a risk assessment, including fiscal risks,
  173  associated with proceeding to the next stage of the project and
  174  a recommendation for corrective actions required, including
  175  suspension or termination of the project.
  176         (m)(n) If an information technology project implemented by
  177  a state agency must be connected to or otherwise accommodated by
  178  an information technology system administered by the Department
  179  of Financial Services, the Department of Legal Affairs, or the
  180  Department of Agriculture and Consumer Services, consult with
  181  these departments regarding the risks and other effects of such
  182  projects on their information technology systems and work
  183  cooperatively with these departments regarding the connections,
  184  interfaces, timing, or accommodations required to implement such
  185  projects.
  186         (n)(o) If adherence to standards or policies adopted by or
  187  established pursuant to this section causes conflict with
  188  federal regulations or requirements imposed on an entity within
  189  the enterprise and results in adverse action against an entity
  190  or federal funding, work with the entity to provide alternative
  191  standards, policies, or requirements that do not conflict with
  192  the federal regulation or requirement. The department, acting
  193  through the Florida Digital Service, shall annually by January
  194  15 report such alternative standards to the Executive Office of
  195  the Governor, the President of the Senate, and the Speaker of
  196  the House of Representatives.
  197         (o)1.(p)1. Establish an information technology policy for
  198  all information technology-related state contracts, including
  199  state term contracts for information technology commodities,
  200  consultant services, and staff augmentation services. The
  201  information technology policy must include:
  202         a. Identification of the information technology product and
  203  service categories to be included in state term contracts.
  204         b. Requirements to be included in solicitations for state
  205  term contracts.
  206         c. Evaluation criteria for the award of information
  207  technology-related state term contracts.
  208         d. The term of each information technology-related state
  209  term contract.
  210         e. The maximum number of vendors authorized on each state
  211  term contract.
  212         f. At a minimum, a requirement that any contract for
  213  information technology commodities or services meet the National
  214  Institute of Standards and Technology Cybersecurity Framework.
  215         g. For an information technology project wherein project
  216  oversight is required pursuant to paragraph (d) or paragraph (l)
  217  (m), a requirement that independent verification and validation
  218  be employed throughout the project life cycle with the primary
  219  objective of independent verification and validation being to
  220  provide an objective assessment of products and processes
  221  throughout the project life cycle. An entity providing
  222  independent verification and validation may not have technical,
  223  managerial, or financial interest in the project and may not
  224  have responsibility for, or participate in, any other aspect of
  225  the project.
  226         2. Evaluate vendor responses for information technology
  227  related state term contract solicitations and invitations to
  228  negotiate.
  229         3. Answer vendor questions on information technology
  230  related state term contract solicitations.
  231         4. Ensure that the information technology policy
  232  established pursuant to subparagraph 1. is included in all
  233  solicitations and contracts that are administratively executed
  234  by the department.
  235         (p)(q) Recommend potential methods for standardizing data
  236  across state agencies which will promote interoperability and
  237  reduce the collection of duplicative data.
  238         (q)(r) Recommend open data technical standards and
  239  terminologies for use by the enterprise.
  240         (r)(s) Ensure that enterprise information technology
  241  solutions are capable of utilizing an electronic credential and
  242  comply with the enterprise architecture standards.
  243         (2)
  244         (c)The state chief information officer, in consultation
  245  with the Secretary of Management Services, shall designate a
  246  state chief technology officer who shall be responsible for all
  247  of the following:
  248         1.Establishing and maintaining an enterprise architecture
  249  framework that ensures information technology investments align
  250  with the state’s strategic objectives and initiatives pursuant
  251  to paragraph (1)(b).
  252         2.Conducting comprehensive evaluations of potential
  253  technological solutions and cultivating strategic partnerships,
  254  internally with state enterprise agencies and externally with
  255  the private sector, to leverage collective expertise, foster
  256  collaboration, and advance the state’s technological
  257  capabilities.
  258         3.Supervising program management of enterprise information
  259  technology initiatives pursuant to paragraphs (1)(c), (d), and
  260  (l); providing advisory support and oversight for technology
  261  related projects; and continuously identifying and recommending
  262  best practices to optimize outcomes of technology projects and
  263  enhance the enterprise’s technological efficiency and
  264  effectiveness.
  265         (4) For information technology projects that have a total
  266  project cost of $25 $10 million or more:
  267         (a) State agencies must provide the Florida Digital Service
  268  with written notice of any planned procurement of an information
  269  technology project.
  270         (b) The Florida Digital Service must participate in the
  271  development of specifications and recommend modifications to any
  272  planned procurement of an information technology project by
  273  state agencies so that the procurement complies with the
  274  enterprise architecture.
  275         (c) The Florida Digital Service must participate in post
  276  award contract monitoring.
  277         (5)The department, acting through the Florida Digital
  278  Service, may not retrieve or disclose any data without a shared
  279  data agreement in place between the department and the
  280  enterprise entity that has primary custodial responsibility of,
  281  or data-sharing responsibility for, that data.
  282         Section 3. Subsection (1) of section 282.00515, Florida
  283  Statutes, is amended to read:
  284         282.00515 Duties of Cabinet agencies.—
  285         (1) The Department of Legal Affairs, the Department of
  286  Financial Services, and the Department of Agriculture and
  287  Consumer Services shall adopt the standards established in s.
  288  282.0051(1)(b), (c), and (q) and (3)(e) s. 282.0051(1)(b), (c),
  289  and (r) and (3)(e) or adopt alternative standards based on best
  290  practices and industry standards that allow for open data
  291  interoperability.
  292         Section 4. Present subsection (10) of section 282.318,
  293  Florida Statutes, is redesignated subsection (11), a new
  294  subsection (10) is added to that section, and subsection (3) and
  295  paragraph (a) of subsection (4) of that section are amended, to
  296  read:
  297         282.318 Cybersecurity.—
  298         (3) The department, acting through the Florida Digital
  299  Service, is the lead entity responsible for leading
  300  cybersecurity efforts, safeguarding enterprise digital data,
  301  establishing standards and processes for assessing state agency
  302  cybersecurity risks, and determining appropriate security
  303  measures. Such standards and processes must be consistent with
  304  generally accepted technology best practices, including the
  305  National Institute for Standards and Technology Cybersecurity
  306  Framework, for cybersecurity. The department, acting through the
  307  Florida Digital Service, shall adopt rules that mitigate risks;
  308  safeguard state agency digital assets, data, information, and
  309  information technology resources to ensure availability,
  310  confidentiality, and integrity; and support a security
  311  governance framework. The department, acting through the Florida
  312  Digital Service, shall also:
  313         (a) Designate an employee of the Florida Digital Service as
  314  the state chief information security officer. The state chief
  315  information security officer must have experience and expertise
  316  in security and risk management for communications and
  317  information technology resources. The state chief information
  318  security officer is responsible for the development, operation,
  319  and oversight of cybersecurity for state technology systems. The
  320  Cybersecurity Operations Center shall immediately notify the
  321  state chief information officer and the state chief information
  322  security officer shall be notified of all confirmed or suspected
  323  incidents or threats of state agency information technology
  324  resources. The state chief information officer, in consultation
  325  with the state chief information security officer, and must
  326  report such incidents or threats to the state chief information
  327  officer and the Governor.
  328         (b) Develop, and annually update by February 1, a statewide
  329  cybersecurity strategic plan that includes security goals and
  330  objectives for cybersecurity, including the identification and
  331  mitigation of risk, proactive protections against threats,
  332  tactical risk detection, threat reporting, and response and
  333  recovery protocols for a cyber incident.
  334         (c) Develop and publish for use by state agencies a
  335  cybersecurity governance framework that, at a minimum, includes
  336  guidelines and processes for:
  337         1. Establishing asset management procedures to ensure that
  338  an agency’s information technology resources are identified and
  339  managed consistent with their relative importance to the
  340  agency’s business objectives.
  341         2. Using a standard risk assessment methodology that
  342  includes the identification of an agency’s priorities,
  343  constraints, risk tolerances, and assumptions necessary to
  344  support operational risk decisions.
  345         3. Completing comprehensive risk assessments and
  346  cybersecurity audits, which may be completed by a private sector
  347  vendor, and submitting completed assessments and audits to the
  348  department.
  349         4. Identifying protection procedures to manage the
  350  protection of an agency’s information, data, and information
  351  technology resources.
  352         5. Establishing procedures for accessing information and
  353  data to ensure the confidentiality, integrity, and availability
  354  of such information and data.
  355         6. Detecting threats through proactive monitoring of
  356  events, continuous security monitoring, and defined detection
  357  processes.
  358         7. Establishing agency cybersecurity incident response
  359  teams and describing their responsibilities for responding to
  360  cybersecurity incidents, including breaches of personal
  361  information containing confidential or exempt data.
  362         8. Recovering information and data in response to a
  363  cybersecurity incident. The recovery may include recommended
  364  improvements to the agency processes, policies, or guidelines.
  365         9. Establishing a cybersecurity incident reporting process
  366  that includes procedures for notifying the department and the
  367  Department of Law Enforcement of cybersecurity incidents.
  368         a. The level of severity of the cybersecurity incident is
  369  defined by the National Cyber Incident Response Plan of the
  370  United States Department of Homeland Security as follows:
  371         (I) Level 5 is an emergency-level incident within the
  372  specified jurisdiction that poses an imminent threat to the
  373  provision of wide-scale critical infrastructure services;
  374  national, state, or local government security; or the lives of
  375  the country’s, state’s, or local government’s residents.
  376         (II) Level 4 is a severe-level incident that is likely to
  377  result in a significant impact in the affected jurisdiction to
  378  public health or safety; national, state, or local security;
  379  economic security; or civil liberties.
  380         (III) Level 3 is a high-level incident that is likely to
  381  result in a demonstrable impact in the affected jurisdiction to
  382  public health or safety; national, state, or local security;
  383  economic security; civil liberties; or public confidence.
  384         (IV) Level 2 is a medium-level incident that may impact
  385  public health or safety; national, state, or local security;
  386  economic security; civil liberties; or public confidence.
  387         (V) Level 1 is a low-level incident that is unlikely to
  388  impact public health or safety; national, state, or local
  389  security; economic security; civil liberties; or public
  390  confidence.
  391         b. The cybersecurity incident reporting process must
  392  specify the information that must be reported by a state agency
  393  following a cybersecurity incident or ransomware incident,
  394  which, at a minimum, must include the following:
  395         (I) A summary of the facts surrounding the cybersecurity
  396  incident or ransomware incident.
  397         (II) The date on which the state agency most recently
  398  backed up its data; the physical location of the backup, if the
  399  backup was affected; and if the backup was created using cloud
  400  computing.
  401         (III) The types of data compromised by the cybersecurity
  402  incident or ransomware incident.
  403         (IV) The estimated fiscal impact of the cybersecurity
  404  incident or ransomware incident.
  405         (V) In the case of a ransomware incident, the details of
  406  the ransom demanded.
  407         c.(I) A state agency shall report all ransomware incidents
  408  and any cybersecurity incidents incident determined by the state
  409  agency to be of severity level 3, 4, or 5 to the Cybersecurity
  410  Operations Center and the Cybercrime Office of the Department of
  411  Law Enforcement as soon as possible but no later than 12 48
  412  hours after discovery of the cybersecurity incident and no later
  413  than 6 12 hours after discovery of the ransomware incident. The
  414  report must contain the information required in sub-subparagraph
  415  b.
  416         (II) The Cybersecurity Operations Center shall:
  417         (A)Immediately notify the Cybercrime Office of the
  418  Department of Law Enforcement of a reported incident and provide
  419  to the Cybercrime Office of the Department of Law Enforcement
  420  regular reports on the status of the incident, preserve forensic
  421  data to support a subsequent investigation, and provide aid to
  422  the investigative efforts of the Cybercrime Office of the
  423  Department of Law Enforcement upon the office’s request if the
  424  state chief information security officer finds that the
  425  investigation does not impede remediation of the incident and
  426  that there is no risk to the public and no risk to critical
  427  state functions.
  428         (B)Immediately notify the state chief information officer
  429  and the state chief information security officer of a reported
  430  incident. The state chief information security officer shall
  431  notify the President of the Senate and the Speaker of the House
  432  of Representatives of any severity level 3, 4, or 5 incident as
  433  soon as possible but no later than 24 12 hours after receiving a
  434  state agency’s incident report. The notification must include a
  435  high-level description of the incident and the likely effects
  436  and must be provided in a secure environment.
  437         d. A state agency shall report a cybersecurity incident
  438  determined by the state agency to be of severity level 1 or 2 to
  439  the Cybersecurity Operations Center and the Cybercrime Office of
  440  the Department of Law Enforcement as soon as possible. The
  441  report must contain the information required in sub-subparagraph
  442  b.
  443         e. The Cybersecurity Operations Center shall provide a
  444  consolidated incident report by the 30th day after the end of
  445  each quarter on a quarterly basis to the Governor, the Attorney
  446  General, the executive director of the Department of Law
  447  Enforcement, the President of the Senate, the Speaker of the
  448  House of Representatives, and the Florida Cybersecurity Advisory
  449  Council. The report provided to the Florida Cybersecurity
  450  Advisory Council may not contain the name of any agency, network
  451  information, or system identifying information but must contain
  452  sufficient relevant information to allow the Florida
  453  Cybersecurity Advisory Council to fulfill its responsibilities
  454  as required in s. 282.319(9).
  455         10. Incorporating information obtained through detection
  456  and response activities into the agency’s cybersecurity incident
  457  response plans.
  458         11. Developing agency strategic and operational
  459  cybersecurity plans required pursuant to this section.
  460         12. Establishing the managerial, operational, and technical
  461  safeguards for protecting state government data and information
  462  technology resources that align with the state agency risk
  463  management strategy and that protect the confidentiality,
  464  integrity, and availability of information and data.
  465         13. Establishing procedures for procuring information
  466  technology commodities and services that require the commodity
  467  or service to meet the National Institute of Standards and
  468  Technology Cybersecurity Framework.
  469         14. Submitting after-action reports following a
  470  cybersecurity incident or ransomware incident. Such guidelines
  471  and processes for submitting after-action reports must be
  472  developed and published by December 1, 2022.
  473         (d) Assist state agencies in complying with this section.
  474         (e) In collaboration with the Cybercrime Office of the
  475  Department of Law Enforcement, annually provide training for
  476  state agency information security managers and computer security
  477  incident response team members that contains training on
  478  cybersecurity, including cybersecurity threats, trends, and best
  479  practices.
  480         (f) Annually review the strategic and operational
  481  cybersecurity plans of state agencies.
  482         (g) Annually provide cybersecurity training to all state
  483  agency technology professionals and employees with access to
  484  highly sensitive information which develops, assesses, and
  485  documents competencies by role and skill level. The
  486  cybersecurity training curriculum must include training on the
  487  identification of each cybersecurity incident severity level
  488  referenced in sub-subparagraph (c)9.a. The training may be
  489  provided in collaboration with the Cybercrime Office of the
  490  Department of Law Enforcement, a private sector entity, or an
  491  institution of the State University System.
  492         (h) Operate and maintain a Cybersecurity Operations Center
  493  led by the state chief information security officer, which must
  494  be primarily virtual and staffed with tactical detection and
  495  incident response personnel. The Cybersecurity Operations Center
  496  shall serve as a clearinghouse for threat information and
  497  coordinate with the Department of Law Enforcement to support
  498  state agencies and their response to any confirmed or suspected
  499  cybersecurity incident.
  500         (i) Lead an Emergency Support Function, ESF-20 ESF CYBER,
  501  under the state comprehensive emergency management plan as
  502  described in s. 252.35.
  503         (j)Provide cybersecurity briefings to the members of any
  504  legislative committee or subcommittee responsible for policy
  505  matters relating to cybersecurity.
  506         (k)Have the authority to obtain immediate access to public
  507  or private infrastructure hosting enterprise digital data and to
  508  direct, in consultation with the state agency that holds the
  509  particular enterprise digital data, measures to assess, monitor,
  510  and safeguard the enterprise digital data.
  511         (4) Each state agency head shall, at a minimum:
  512         (a) Designate an information security manager to ensure
  513  compliance with cybersecurity governance and with the state’s
  514  enterprise security program and incident response plan. The
  515  information security manager must coordinate with the agency’s
  516  information security personnel and the Cybersecurity Operations
  517  Center to ensure that the unique needs of the agency are met
  518  administer the cybersecurity program of the state agency. This
  519  designation must be provided annually in writing to the
  520  department by January 15 1. A state agency’s information
  521  security manager, for purposes of these information security
  522  duties, shall report directly to the agency head.
  523         (10)The department may brief any legislative committee or
  524  subcommittee responsible for cybersecurity policy in a meeting
  525  or other setting closed by the respective body under the rules
  526  of such legislative body at which the legislative committee or
  527  subcommittee is briefed on records made confidential and exempt
  528  under subsections (5) and (6). The legislative committee or
  529  subcommittee must maintain the confidential and exempt status of
  530  such records. A legislator serving on a legislative committee or
  531  subcommittee responsible for cybersecurity policy may also
  532  attend meetings of the Florida Cybersecurity Advisory Council,
  533  including any portions of such meetings that are exempt from s.
  534  286.011 and s. 24(b), Art. I of the State Constitution.
  535         Section 5. Paragraphs (b) and (c) of subsection (5) of
  536  section 282.3185, Florida Statutes, are amended to read:
  537         282.3185 Local government cybersecurity.—
  538         (5) INCIDENT NOTIFICATION.—
  539         (b)1. A local government shall report all ransomware
  540  incidents and any cybersecurity incident determined by the local
  541  government to be of severity level 3, 4, or 5 as provided in s.
  542  282.318(3)(c) to the Cybersecurity Operations Center, the
  543  Cybercrime Office of the Department of Law Enforcement, and the
  544  sheriff who has jurisdiction over the local government as soon
  545  as possible but no later than 12 48 hours after discovery of the
  546  cybersecurity incident and no later than 6 12 hours after
  547  discovery of the ransomware incident. The report must contain
  548  the information required in paragraph (a).
  549         2. The Cybersecurity Operations Center shall:
  550         a.Immediately notify the Cybercrime Office of the
  551  Department of Law Enforcement and the sheriff who has
  552  jurisdiction over the local government of a reported incident
  553  and provide to the Cybercrime Office of the Department of Law
  554  Enforcement and the sheriff who has jurisdiction over the local
  555  government regular reports on the status of the incident,
  556  preserve forensic data to support a subsequent investigation,
  557  and provide aid to the investigative efforts of the Cybercrime
  558  Office of the Department of Law Enforcement upon the office’s
  559  request if the state chief information security officer finds
  560  that the investigation does not impede remediation of the
  561  incident and that there is no risk to the public and no risk to
  562  critical state functions.
  563         b.Immediately notify the state chief information security
  564  officer of a reported incident. The state chief information
  565  security officer shall notify the President of the Senate and
  566  the Speaker of the House of Representatives of any severity
  567  level 3, 4, or 5 incident as soon as possible but no later than
  568  24 12 hours after receiving a local government’s incident
  569  report. The notification must include a high-level description
  570  of the incident and the likely effects and must be provided in a
  571  secure environment.
  572         (c) A local government may report a cybersecurity incident
  573  determined by the local government to be of severity level 1 or
  574  2 as provided in s. 282.318(3)(c) to the Cybersecurity
  575  Operations Center, the Cybercrime Office of the Department of
  576  Law Enforcement, and the sheriff who has jurisdiction over the
  577  local government. The report shall contain the information
  578  required in paragraph (a). The Cybersecurity Operations Center
  579  shall immediately notify the Cybercrime Office of the Department
  580  of Law Enforcement and the sheriff who has jurisdiction over the
  581  local government of a reported incident and provide regular
  582  reports on the status of the cybersecurity incident, preserve
  583  forensic data to support a subsequent investigation, and provide
  584  aid to the investigative efforts of the Cybercrime Office of the
  585  Department of Law Enforcement upon request if the state chief
  586  information security officer finds that the investigation does
  587  not impede remediation of the cybersecurity incident and that
  588  there is no risk to the public and no risk to critical state
  589  functions.
  590         Section 6. Paragraph (j) of subsection (4) of section
  591  282.319, Florida Statutes, is amended, and paragraph (m) is
  592  added to that subsection, to read:
  593         282.319 Florida Cybersecurity Advisory Council.—
  594         (4) The council shall be comprised of the following
  595  members:
  596         (j) Three representatives from critical infrastructure
  597  sectors, one of whom must be from a utility provider water
  598  treatment facility, appointed by the Governor.
  599         (m)A representative of local government.
  600         Section 7. Section 1004.444, Florida Statutes, is amended
  601  to read:
  602         1004.444 Florida Center for Cybersecurity.—
  603         (1) The Florida Center for Cybersecurity, which may also be
  604  referred to as “Cyber Florida,” is established as a center
  605  within the University of South Florida under the direction of
  606  the president of the university or the president’s designee. The
  607  president may assign the center within a college of the
  608  university if the college has a strong emphasis on
  609  cybersecurity, technology, or computer sciences and engineering
  610  as determined and approved by the university’s board of
  611  trustees.
  612         (2) The mission and goals of the center are to:
  613         (a) Position Florida as the national leader in
  614  cybersecurity and its related workforce primarily through
  615  advancing and funding education and, research and development
  616  initiatives in cybersecurity and related fields, with a
  617  secondary emphasis on, and community engagement and
  618  cybersecurity awareness.
  619         (b) Assist in the creation of jobs in the state’s
  620  cybersecurity industry and enhance the existing cybersecurity
  621  workforce through education, research, applied science, and
  622  engagements and partnerships with the private and military
  623  sectors.
  624         (c) Act as a cooperative facilitator for state business and
  625  higher education communities to share cybersecurity knowledge,
  626  resources, and training.
  627         (d) Seek out research and development agreements and other
  628  partnerships with major military installations and affiliated
  629  contractors to assist, when possible, in homeland cybersecurity
  630  defense initiatives.
  631         (e) Attract cybersecurity companies and jobs to the state
  632  with an emphasis on defense, finance, health care,
  633  transportation, and utility sectors.
  634         (f)Conduct, fund, and facilitate research and applied
  635  science that leads to the creation of new technologies and
  636  software packages that have military and civilian applications
  637  and which can be transferred for military and homeland defense
  638  purposes or for sale or use in the private sector.
  639         (3)Upon receiving a request for assistance from the
  640  Department of Management Services, the Florida Digital Service,
  641  or another state agency, the center is authorized, but may not
  642  be compelled by the agency, to conduct, consult on, or otherwise
  643  assist any state-funded initiatives related to:
  644         (a)Cybersecurity training, professional development, and
  645  education for state and local government employees, including
  646  school districts and the judicial branch.
  647         (b)Increasing the cybersecurity effectiveness of the
  648  state’s and local governments’ technology platforms and
  649  infrastructure, including school districts and the judicial
  650  branch.
  651         Section 8. This act shall take effect July 1, 2024.
  652  
  653  ================= T I T L E  A M E N D M E N T ================
  654  And the title is amended as follows:
  655         Delete everything before the enacting clause
  656  and insert:
  657                        A bill to be entitled                      
  658         An act relating to cybersecurity; amending s.
  659         282.0041, F.S.; defining terms; amending s. 282.0051,
  660         F.S.; revising the purposes for which the Florida
  661         Digital Service is established; requiring the Florida
  662         Digital Service to ensure that independent project
  663         oversight on certain state agency information
  664         technology projects is performed in a certain manner;
  665         revising the date by which the Department of
  666         Management Services, acting through the Florida
  667         Digital Service, must provide certain recommendations
  668         to the Executive Office of the Governor and the
  669         Legislature; removing certain duties of the Florida
  670         Digital Service; revising the total project cost of
  671         certain projects for which the Florida Digital Service
  672         must provide project oversight; specifying the date by
  673         which the Florida Digital Service must provide certain
  674         reports; requiring the state chief information
  675         officer, in consultation with the Secretary of
  676         Management Services, to designate a state chief
  677         technology officer; providing duties of the state
  678         chief technology officer; revising the total project
  679         cost of certain projects for which certain procurement
  680         actions must be taken; removing provisions prohibiting
  681         the department, acting through the Florida Digital
  682         Service, from retrieving or disclosing certain data in
  683         certain circumstances; amending s. 282.00515, F.S.;
  684         conforming a cross-reference; amending s. 282.318,
  685         F.S.; providing that the Florida Digital Service is
  686         the lead entity for a certain purpose; requiring the
  687         Cybersecurity Operations Center to provide certain
  688         notifications; requiring the state chief information
  689         officer to make certain reports in consultation with
  690         the state chief information security officer; revising
  691         the timeframe for a state agency to report ransomware
  692         and cybersecurity incidents to the Cybersecurity
  693         Operations Center; requiring the Cybersecurity
  694         Operations Center to immediately notify certain
  695         entities of reported incidents and take certain
  696         actions; requiring the state chief information
  697         security officer to notify the Legislature of certain
  698         incidents within a certain period; requiring that a
  699         certain notification be provided in a secure
  700         environment; requiring the Cybersecurity Operations
  701         Center to provide a certain report to certain entities
  702         by a specified date; requiring the department, acting
  703         through the Florida Digital Service, to provide
  704         cybersecurity briefings to certain legislative
  705         committees; authorizing the department, acting through
  706         the Florida Digital Service, to obtain certain access
  707         to certain infrastructure and direct certain measures;
  708         revising the purpose of a state agency’s information
  709         security manager and the date by which he or she must
  710         be designated; authorizing the department to brief
  711         certain legislative committees in a closed setting on
  712         certain records that are confidential and exempt from
  713         public records requirements; requiring such
  714         legislative committees to maintain the confidential
  715         and exempt status of certain records; authorizing
  716         certain legislators to attend meetings of the Florida
  717         Cybersecurity Advisory Council; amending s. 282.3185,
  718         F.S.; requiring local governments to report ransomware
  719         and certain cybersecurity incidents to the
  720         Cybersecurity Operations Center within certain time
  721         periods; requiring the Cybersecurity Operations Center
  722         to immediately notify certain entities of certain
  723         incidents and take certain actions; requiring the
  724         state chief information security officer to provide
  725         certain notification to the Legislature within a
  726         certain timeframe and in a secure environment;
  727         amending s. 282.319, F.S.; revising the membership of
  728         the Florida Cybersecurity Advisory Council; amending
  729         s. 1004.444, F.S.; providing that the Florida Center
  730         for Cybersecurity may be referred to as “Cyber
  731         Florida”; providing that such center is under the
  732         direction of the president of the University of South
  733         Florida or his or her designee; authorizing the
  734         president to assign the center within a certain
  735         college of the university; revising the mission and
  736         goals of the center; authorizing the center, if
  737         requested by specified entities, to conduct, consult
  738         on, or assist on specified state-funded initiatives;
  739         providing an effective date.