Florida 2024 2024 Regular Session

Florida House Bill H1555 Comm Sub / Bill

Filed 02/14/2024

                       
 
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A bill to be entitled 1 
An act relating to cybersecurity; amending s. 110.205, 2 
F.S.; exempting the state chief technology officer 3 
from the career service; amending s. 282.0041, F.S.; 4 
providing definitions; amending s. 282.0051, F.S.; 5 
revising the purposes for which the Florida Di gital 6 
Service is established; revising the date by which 7 
Department of Management Services, acting through the 8 
Florida Digital Service, must provide certain 9 
recommendations to the Executive Office of the 10 
Governor and the Legislature; requiring the state 11 
chief information officer, in consultation with the 12 
Secretary of Management Services, to designate a state 13 
chief technology officer; providing duties of the 14 
state chief technology officer; amending s. 282.318, 15 
F.S.; providing that the Florida Digital Service is 16 
the lead entity for a certain purpose; requiring the 17 
Cybersecurity Operations Center to provide certain 18 
notifications; requiring the state chief information 19 
officer to make certain reports in consultation with 20 
the state chief information security offic er; 21 
requiring a state agency to report ransomware and 22 
cybersecurity incidents within certain time periods; 23 
requiring the Cybersecurity Operations Center to 24 
immediately notify a certain entity of reported 25     
 
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incidents and take certain actions; requiring the 26 
department to preserve certain data and provide 27 
certain aid in certain circumstances; requiring the 28 
state chief information security officer to notify the 29 
Legislature of certain incidents within a certain 30 
period; requiring the Cybersecurity Operations Center 31 
to provide a certain report to certain entities by a 32 
specified date; authorizing the Florida Digital 33 
Service to obtain certain access to certain state 34 
agency accounts and instances and direct certain 35 
measures; prohibiting the department from taking 36 
certain actions; providing applicability; revising the 37 
purpose of an agency's information security manager 38 
and the date by which he or she must be designated; 39 
amending s. 282.3185, F.S.; requiring a local 40 
government to report ransomware and certain 41 
cybersecurity incidents to the Cybersecurity 42 
Operations Center within certain time periods; 43 
requiring the Cybersecurity Operations Center to 44 
immediately notify certain entities of certain 45 
incidents and take certain actions; requiring the 46 
Department of Law Enforcement t o coordinate certain 47 
incident responses; amending s. 1004.444, F.S.; 48 
providing that the Florida Center for Cybersecurity 49 
may be referred to in a certain manner; providing that 50     
 
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the center is established under the direction of the 51 
president of the University of South Florida and may 52 
be assigned within a college that meets certain 53 
requirements; revising the mission and goals of the 54 
center; authorizing the center to take certain actions 55 
relating to certain initiatives; providing an 56 
effective date. 57 
 58 
Be It Enacted by the Legislature of the State of Florida: 59 
 60 
 Section 1.  Paragraph (e) of subsection (2) of section 61 
110.205, Florida Statutes, is amended to read: 62 
 110.205  Career service; exemptions. — 63 
 (2)  EXEMPT POSITIONS. —The exempt positions that are not 64 
covered by this part include the following: 65 
 (e)  The state chief information officer, the state chief 66 
data officer, the state chief technology officer, and the state 67 
chief information security officer. The Department of Management 68 
Services shall set the sala ry and benefits of these positions in 69 
accordance with the rules of the Senior Management Service. 70 
 Section 2.  Subsections (3) through (5), (6), (7) through 71 
(16), and (17) through (38) of section 282.0041, Florida 72 
Statutes, are renumbered as subsections (4) through (6), (8), 73 
(10) through (19), and (21) through (42), respectively, and new 74 
subsections (3), (7), (9), and (20) are added to that section to 75     
 
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read: 76 
 282.0041  Definitions. —As used in this chapter, the term: 77 
 (3)  "As a service" means the contracti ng with or 78 
outsourcing to a third party of a defined role or function as a 79 
means of delivery. 80 
 (7)  "Cloud provider" means an entity that provides cloud -81 
computing services. 82 
 (9)  "Criminal justice agency" has the same meaning as in 83 
s. 943.045. 84 
 (20)  "Enterprise digital data" means information held by a 85 
state agency in electronic form that is deemed to be data owned 86 
by the state and held for state purposes by the state agency. 87 
Enterprise digital data must be maintained in accordance with 88 
chapter 119. This subsection may not be construed to create, 89 
modify, abrogate, or expand an exemption from public records 90 
requirements under s. 119.07(1) or s. 24(a), Art. I of the State 91 
Constitution. 92 
 Section 3.  Subsection (1) of section 282.0051, Florida 93 
Statutes, is amended, and paragraph (c) is added to subsection 94 
(2) of that section, to read: 95 
 282.0051  Department of Management Services; Florida 96 
Digital Service; powers, duties, and functions. — 97 
 (1)  The Florida Digital Service is established has been 98 
created within the department to lead enterprise information 99 
technology and cybersecurity efforts, to propose and evaluate 100     
 
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innovative solutions pursuant to interagency agreements that 101 
securely modernize state government, including technology and 102 
information services, to achieve value through digital 103 
transformation and interoperability, and to fully support the 104 
cloud-first policy as specified in s. 282.206. The department, 105 
through the Florida Digital Service, shall have the following 106 
powers, duties, and functions: 107 
 (a)  Develop and publish information technology policy for 108 
the management of the state's information technology resources. 109 
 (b)  Develop an enterprise architecture that: 110 
 1.  Acknowledges the unique needs of the entities within 111 
the enterprise in the devel opment and publication of standards 112 
and terminologies to facilitate digital interoperability; 113 
 2.  Supports the cloud -first policy as specified in s. 114 
282.206; and 115 
 3.  Addresses how information technology infrastructure may 116 
be modernized to achieve cloud -first objectives. 117 
 (c)  Establish project management and oversight standards 118 
with which state agencies must comply when implementing 119 
information technology projects. The department, acting through 120 
the Florida Digital Service, shall provide training 121 
opportunities to state agencies to assist in the adoption of the 122 
project management and oversight standards. To support data -123 
driven decisionmaking, the standards must include, but are not 124 
limited to: 125     
 
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 1.  Performance measurements and metrics that objectively 126 
reflect the status of an information technology project based on 127 
a defined and documented project scope, cost, and schedule. 128 
 2.  Methodologies for calculating acceptable variances in 129 
the projected versus actual scope, schedule, or cost of an 130 
information technology project. 131 
 3.  Reporting requirements, including requirements designed 132 
to alert all defined stakeholders that an information technology 133 
project has exceeded acceptable variances defined and documented 134 
in a project plan. 135 
 4.  Content, format, and freque ncy of project updates. 136 
 5.  Technical standards to ensure an information technology 137 
project complies with the enterprise architecture. 138 
 (d)  Perform project oversight on all state agency 139 
information technology projects that have total project costs of  140 
$10 million or more and that are funded in the General 141 
Appropriations Act or any other law. The department, acting 142 
through the Florida Digital Service, shall report at least 143 
quarterly to the Executive Office of the Governor, the President 144 
of the Senate, and the Speaker of the House of Representatives 145 
on any information technology project that the department 146 
identifies as high-risk due to the project exceeding acceptable 147 
variance ranges defined and documented in a project plan. The 148 
report must include a risk a ssessment, including fiscal risks, 149 
associated with proceeding to the next stage of the project, and 150     
 
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a recommendation for corrective actions required, including 151 
suspension or termination of the project. 152 
 (e)  Identify opportunities for standardization and 153 
consolidation of information technology services that support 154 
interoperability and the cloud -first policy, as specified in s. 155 
282.206, and business functions and operations, including 156 
administrative functions such as purchasing, accounting and 157 
reporting, cash management, and personnel, and that are common 158 
across state agencies. The department, acting through the 159 
Florida Digital Service, shall biennially on January 15 1 of 160 
each even-numbered year provide recommendations for 161 
standardization and consolidation t o the Executive Office of the 162 
Governor, the President of the Senate, and the Speaker of the 163 
House of Representatives. 164 
 (f)  Establish best practices for the procurement of 165 
information technology products and cloud -computing services in 166 
order to reduce cost s, increase the quality of data center 167 
services, or improve government services. 168 
 (g)  Develop standards for information technology reports 169 
and updates, including, but not limited to, operational work 170 
plans, project spend plans, and project status reports, for use 171 
by state agencies. 172 
 (h)  Upon request, assist state agencies in the development 173 
of information technology -related legislative budget requests. 174 
 (i)  Conduct annual assessments of state agencies to 175     
 
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determine compliance with all information technolo gy standards 176 
and guidelines developed and published by the department and 177 
provide results of the assessments to the Executive Office of 178 
the Governor, the President of the Senate, and the Speaker of 179 
the House of Representatives. 180 
 (j)  Conduct a market analy sis not less frequently than 181 
every 3 years beginning in 2021 to determine whether the 182 
information technology resources within the enterprise are 183 
utilized in the most cost -effective and cost-efficient manner, 184 
while recognizing that the replacement of certai n legacy 185 
information technology systems within the enterprise may be cost 186 
prohibitive or cost inefficient due to the remaining useful life 187 
of those resources; whether the enterprise is complying with the 188 
cloud-first policy specified in s. 282.206; and whet her the 189 
enterprise is utilizing best practices with respect to 190 
information technology, information services, and the 191 
acquisition of emerging technologies and information services. 192 
Each market analysis shall be used to prepare a strategic plan 193 
for continued and future information technology and information 194 
services for the enterprise, including, but not limited to, 195 
proposed acquisition of new services or technologies and 196 
approaches to the implementation of any new services or 197 
technologies. Copies of each mar ket analysis and accompanying 198 
strategic plan must be submitted to the Executive Office of the 199 
Governor, the President of the Senate, and the Speaker of the 200     
 
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House of Representatives not later than December 31 of each year 201 
that a market analysis is conducted . 202 
 (k)  Recommend other information technology services that 203 
should be designed, delivered, and managed as enterprise 204 
information technology services. Recommendations must include 205 
the identification of existing information technology resources 206 
associated with the services, if existing services must be 207 
transferred as a result of being delivered and managed as 208 
enterprise information technology services. 209 
 (l)  In consultation with state agencies, propose a 210 
methodology and approach for identifying and collectin g both 211 
current and planned information technology expenditure data at 212 
the state agency level. 213 
 (m)1.  Notwithstanding any other law, provide project 214 
oversight on any information technology project of the 215 
Department of Financial Services, the Department of Legal 216 
Affairs, and the Department of Agriculture and Consumer Services 217 
which has a total project cost of $20 million or more. Such 218 
information technology projects must also comply with the 219 
applicable information technology architecture, project 220 
management and oversight, and reporting standards established by 221 
the department, acting through the Florida Digital Service. 222 
 2.  When performing the project oversight function 223 
specified in subparagraph 1., report at least quarterly to the 224 
Executive Office of the Gov ernor, the President of the Senate, 225     
 
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and the Speaker of the House of Representatives on any 226 
information technology project that the department, acting 227 
through the Florida Digital Service, identifies as high -risk due 228 
to the project exceeding acceptable varia nce ranges defined and 229 
documented in the project plan. The report shall include a risk 230 
assessment, including fiscal risks, associated with proceeding 231 
to the next stage of the project and a recommendation for 232 
corrective actions required, including suspensio n or termination 233 
of the project. 234 
 (n)  If an information technology project implemented by a 235 
state agency must be connected to or otherwise accommodated by 236 
an information technology system administered by the Department 237 
of Financial Services, the Departmen t of Legal Affairs, or the 238 
Department of Agriculture and Consumer Services, consult with 239 
these departments regarding the risks and other effects of such 240 
projects on their information technology systems and work 241 
cooperatively with these departments regardin g the connections, 242 
interfaces, timing, or accommodations required to implement such 243 
projects. 244 
 (o)  If adherence to standards or policies adopted by or 245 
established pursuant to this section causes conflict with 246 
federal regulations or requirements imposed on an entity within 247 
the enterprise and results in adverse action against an entity 248 
or federal funding, work with the entity to provide alternative 249 
standards, policies, or requirements that do not conflict with 250     
 
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the federal regulation or requirement. The depar tment, acting 251 
through the Florida Digital Service, shall annually by January 252 
15 report such alternative standards to the Executive Office of 253 
the Governor, the President of the Senate, and the Speaker of 254 
the House of Representatives. 255 
 (p)1.  Establish an in formation technology policy for all 256 
information technology -related state contracts, including state 257 
term contracts for information technology commodities, 258 
consultant services, and staff augmentation services. The 259 
information technology policy must include: 260 
 a.  Identification of the information technology product 261 
and service categories to be included in state term contracts. 262 
 b.  Requirements to be included in solicitations for state 263 
term contracts. 264 
 c.  Evaluation criteria for the award of information 265 
technology-related state term contracts. 266 
 d.  The term of each information technology -related state 267 
term contract. 268 
 e.  The maximum number of vendors authorized on each state 269 
term contract. 270 
 f.  At a minimum, a requirement that any contract for 271 
information technology commodities or services meet the National 272 
Institute of Standards and Technology Cybersecurity Framework. 273 
 g.  For an information technology project wherein project 274 
oversight is required pursuant to paragraph (d) or paragraph 275     
 
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(m), a requirement t hat independent verification and validation 276 
be employed throughout the project life cycle with the primary 277 
objective of independent verification and validation being to 278 
provide an objective assessment of products and processes 279 
throughout the project life c ycle. An entity providing 280 
independent verification and validation may not have technical, 281 
managerial, or financial interest in the project and may not 282 
have responsibility for, or participate in, any other aspect of 283 
the project. 284 
 2.  Evaluate vendor respons es for information technology -285 
related state term contract solicitations and invitations to 286 
negotiate. 287 
 3.  Answer vendor questions on information technology -288 
related state term contract solicitations. 289 
 4.  Ensure that the information technology policy 290 
established pursuant to subparagraph 1. is included in all 291 
solicitations and contracts that are administratively executed 292 
by the department. 293 
 (q)  Recommend potential methods for standardizing data 294 
across state agencies which will promote interoperability and 295 
reduce the collection of duplicative data. 296 
 (r)  Recommend open data technical standards and 297 
terminologies for use by the enterprise. 298 
 (s)  Ensure that enterprise information technology 299 
solutions are capable of utilizing an electronic credential and 300     
 
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comply with the enterprise architecture standards. 301 
 (2) 302 
 (c)  The state chief information officer, in consultation 303 
with the Secretary of Management Services, shall designate a 304 
state chief technology officer who shall be responsible for all 305 
of the following: 306 
 1.  Establishing and maintaining an enterprise architecture 307 
framework that ensures information technology investments align 308 
with the state's strategic objectives and initiatives pursuant 309 
to paragraph (1)(b). 310 
 2.  Conducting comprehensive evaluations of potenti al 311 
technological solutions and cultivating strategic partnerships, 312 
internally with state enterprise agencies and externally with 313 
the private sector, to leverage collective expertise, foster 314 
collaboration, and advance the state's technological 315 
capabilities. 316 
 3.  Supervising program management of enterprise 317 
information technology initiatives pursuant to paragraphs 318 
(1)(c), (d), and (l); providing advisory support and oversight 319 
for technology-related projects; and continuously identifying 320 
and recommending best practices to optimize outcomes of 321 
technology projects and enhance the enterprise's technological 322 
efficiency and effectiveness. 323 
 Section 4.  Subsection (3) and paragraph (a) of subsection 324 
(4) of section 282.318, Florida Statutes, are amended to read: 325     
 
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 282.318  Cybersecurity. — 326 
 (3)  The department, acting through the Florida Digital 327 
Service, is the lead entity responsible for leading enterprise 328 
information technology and cybersecurity efforts, establishing 329 
standards and processes for assessing state agency cybersecurity 330 
risks, and determining appropriate security measures. Such 331 
standards and processes must be consistent with generally 332 
accepted technology best practices, including the National 333 
Institute for Standards and Technology Cybersecurity Framework, 334 
for cybersecurity. The department, acting through the Florida 335 
Digital Service, shall adopt rules that mitigate risks; 336 
safeguard state agency digital assets, data, information, and 337 
information technology resources to ensure availability, 338 
confidentiality, and integrity; and support a security 339 
governance framework. The department, acting through the Florida 340 
Digital Service, shall also: 341 
 (a)  Designate an employee of the Florida Digital Service 342 
as the state chief information security officer. The state chief 343 
information security officer must have experience and expertise 344 
in security and risk management for communications and 345 
information technology resources. The state chief information 346 
security officer is responsible for the development, operation, 347 
and oversight of cybersecurity for state technology systems. The 348 
Cybersecurity Operations Center shall immediately notify the 349 
state chief information officer and the state chief information 350     
 
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security officer shall be notified of all confirmed or suspected 351 
incidents or threats of state agency information technology 352 
resources. The state chief information officer, in consultation 353 
with the state chief information security officer, and must 354 
report such incidents or threats to the state chief information 355 
officer and the Governor. 356 
 (b)  Develop, and annually update by February 1, a 357 
statewide cybersecurity strategic plan that includes security 358 
goals and objectives for cybersecurity, including the 359 
identification and mitigation of risk, proactive protections 360 
against threats, tactical risk detection, threat reporting, and 361 
response and recovery protocols for a cyber incident. 362 
 (c)  Develop and publish for use by state agencies a 363 
cybersecurity governance framework that, at a minimum, includes 364 
guidelines and processes for: 365 
 1.  Establishing asset management procedures to ensure that 366 
an agency's information technology resources are identified and 367 
managed consistent with their relative importance to the 368 
agency's business objectives. 369 
 2.  Using a standard risk assessment methodology that 370 
includes the identification of an agency's priorities, 371 
constraints, risk tolerances, and assumptions necessary to 372 
support operational risk decisions. 373 
 3.  Completing comprehensive risk assessments and 374 
cybersecurity audits, which may be completed by a private s ector 375     
 
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vendor, and submitting completed assessments and audits to the 376 
department. 377 
 4.  Identifying protection procedures to manage the 378 
protection of an agency's information, data, and information 379 
technology resources. 380 
 5.  Establishing procedures for access ing information and 381 
data to ensure the confidentiality, integrity, and availability 382 
of such information and data. 383 
 6.  Detecting threats through proactive monitoring of 384 
events, continuous security monitoring, and defined detection 385 
processes. 386 
 7.  Establishing agency cybersecurity incident response 387 
teams and describing their responsibilities for responding to 388 
cybersecurity incidents, including breaches of personal 389 
information containing confidential or exempt data. 390 
 8.  Recovering information and data in res ponse to a 391 
cybersecurity incident. The recovery may include recommended 392 
improvements to the agency processes, policies, or guidelines. 393 
 9.  Establishing a cybersecurity incident reporting process 394 
that includes procedures for notifying the department and the 395 
Department of Law Enforcement of cybersecurity incidents. 396 
 a.  The level of severity of the cybersecurity incident is 397 
defined by the National Cyber Incident Response Plan of the 398 
United States Department of Homeland Security as follows: 399 
 (I)  Level 5 is an emergency-level incident within the 400     
 
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specified jurisdiction that poses an imminent threat to the 401 
provision of wide-scale critical infrastructure services; 402 
national, state, or local government security; or the lives of 403 
the country's, state's, or local go vernment's residents. 404 
 (II)  Level 4 is a severe -level incident that is likely to 405 
result in a significant impact in the affected jurisdiction to 406 
public health or safety; national, state, or local security; 407 
economic security; or civil liberties. 408 
 (III)  Level 3 is a high-level incident that is likely to 409 
result in a demonstrable impact in the affected jurisdiction to 410 
public health or safety; national, state, or local security; 411 
economic security; civil liberties; or public confidence. 412 
 (IV)  Level 2 is a mediu m-level incident that may impact 413 
public health or safety; national, state, or local security; 414 
economic security; civil liberties; or public confidence. 415 
 (V)  Level 1 is a low -level incident that is unlikely to 416 
impact public health or safety; national, stat e, or local 417 
security; economic security; civil liberties; or public 418 
confidence. 419 
 b.  The cybersecurity incident reporting process must 420 
specify the information that must be reported by a state agency 421 
following a cybersecurity incident or ransomware incident , 422 
which, at a minimum, must include the following: 423 
 (I)  A summary of the facts surrounding the cybersecurity 424 
incident or ransomware incident. 425     
 
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 (II)  The date on which the state agency most recently 426 
backed up its data; the physical location of the backup, if the 427 
backup was affected; and if the backup was created using cloud 428 
computing. 429 
 (III)  The types of data compromised by the cybersecurity 430 
incident or ransomware incident. 431 
 (IV)  The estimated fiscal impact of the cybersecurity 432 
incident or ransomware inci dent. 433 
 (V)  In the case of a ransomware incident, the details of 434 
the ransom demanded. 435 
 c.(I)  A state agency shall report all ransomware incidents 436 
and any cybersecurity incidents incident determined by the state 437 
agency to be of severity level 3, 4, or 5 to the Cybersecurity 438 
Operations Center and the Cybercrime Office of the Department of 439 
Law Enforcement as soon as possible but no later than 12 48 440 
hours after discovery of the cybersecurity incident and no later 441 
than 6 12 hours after discovery of the ransomwa re incident. The 442 
report must contain the information required in sub -subparagraph 443 
b. 444 
 (II)  The Cybersecurity Operations Center shall : 445 
 (A)  Immediately notify the Cybercrime Office of the 446 
Department of Law Enforcement of a reported incident and provide 447 
to the Cybercrime Office of the Department of Law Enforcement 448 
regular reports on the status of the incident. The department 449 
shall preserve forensic data to support a subsequent 450     
 
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investigation and provide aid to the investigative efforts of 451 
the Cybercrime Office of the Department of Law Enforcement upon 452 
the office's request if the investigation does not impede 453 
remediation of the incident and there is no risk to the public 454 
and no risk to critical state functions. 455 
 (B)  Immediately notify the state chief information officer 456 
and the state chief information security officer of a reported 457 
incident. The state chief information security officer shall 458 
notify the President of the Senate and the Speaker of the House 459 
of Representatives of any severity level 3, 4, o r 5 incident as 460 
soon as possible but no later than 12 hours after receiving a 461 
state agency's incident report. The notification must include a 462 
high-level description of the incident and the likely effects. 463 
 d.  A state agency shall report a cybersecurity in cident 464 
determined by the state agency to be of severity level 1 or 2 to 465 
the Cybersecurity Operations Center and the Cybercrime Office of 466 
the Department of Law Enforcement as soon as possible. The 467 
report must contain the information required in sub -subparagraph 468 
b. 469 
 d.e. The Cybersecurity Operations Center shall provide a 470 
consolidated incident report by the 30th day after the end of 471 
each quarter on a quarterly basis to the Governor, the Attorney 472 
General, the executive director of the Department of Law 473 
Enforcement, the President of the Senate, the Speaker of the 474 
House of Representatives, and the Florida Cybersecurity Advisory 475     
 
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Council. The report provided to the Florida Cybersecurity 476 
Advisory Council may not contain the name of any agency, network 477 
information, or system identifying information but must contain 478 
sufficient relevant information to allow the Florida 479 
Cybersecurity Advisory Council to fulfill its responsibilities 480 
as required in s. 282.319(9). 481 
 10.  Incorporating information obtained through detection 482 
and response activities into the agency's cybersecurity incident 483 
response plans. 484 
 11.  Developing agency strategic and operational 485 
cybersecurity plans required pursuant to this section. 486 
 12.  Establishing the managerial, operational, and 487 
technical safeguards for protecting state government data and 488 
information technology resources that align with the state 489 
agency risk management strategy and that protect the 490 
confidentiality, integrity, and availability of information and 491 
data. 492 
 13.  Establishing procedures for procuring information 493 
technology commodities and services that require the commodity 494 
or service to meet the National Institute of Standards and 495 
Technology Cybersecurity Framework. 496 
 14.  Submitting after -action reports following a 497 
cybersecurity incident or ransomware incident. Such guidelines 498 
and processes for submitting after -action reports must be 499 
developed and published by December 1, 2022. 500     
 
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 (d)  Assist state agencies in complying with this section. 501 
 (e)  In collaboration with the Cybercrime Office of the 502 
Department of Law Enforcement, annually provide training for 503 
state agency information security managers and computer security 504 
incident response team members that contains training on 505 
cybersecurity, including cybersecurity threats, trends, and best 506 
practices. 507 
 (f)  Annually review the strategic and operational 508 
cybersecurity plans of state agencies. 509 
 (g)  Annually provide cybersecurity training to all state 510 
agency technology professionals and employees with access to 511 
highly sensitive information which de velops, assesses, and 512 
documents competencies by role and skill level. The 513 
cybersecurity training curriculum must include training on the 514 
identification of each cybersecurity incident severity level 515 
referenced in sub-subparagraph (c)9.a. The training may be 516 
provided in collaboration with the Cybercrime Office of the 517 
Department of Law Enforcement, a private sector entity, or an 518 
institution of the State University System. 519 
 (h)  Operate and maintain a Cybersecurity Operations Center 520 
led by the state chief infor mation security officer, which must 521 
be primarily virtual and staffed with tactical detection and 522 
incident response personnel. The Cybersecurity Operations Center 523 
shall serve as a clearinghouse for threat information and 524 
coordinate with the Department of La w Enforcement to support 525     
 
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state agencies and their response to any confirmed or suspected 526 
cybersecurity incident. 527 
 (i)  Lead an Emergency Support Function, ESF-20 ESF CYBER, 528 
under the state comprehensive emergency management plan as 529 
described in s. 252.35. 530 
 (j)  During a cyber incident or as otherwise agreed to in 531 
writing by the state agency that holds the particular enterprise 532 
digital data, have the authority to obtain immediate and 533 
complete access to state agency accounts and instances that hold 534 
enterprise digital data and to direct, in consultation with the 535 
state agency that holds the particular enterprise digital data, 536 
measures to assess, monitor, and protect the security of 537 
enterprise digital data. The department may not view, modify, 538 
transfer, or otherwise duplicate enterprise digital data except 539 
as required to respond to a cyber incident or as agreed to in 540 
writing by the state agency that holds the particular enterprise 541 
digital data. This paragraph does not apply to a criminal 542 
justice entity. 543 
 (4)  Each state agency head shall, at a minimum: 544 
 (a)  Designate an information security manager to ensure 545 
compliance with cybersecurity governance and with the state's 546 
enterprise security program and incident response plan. The 547 
information security manager must co ordinate with the agency's 548 
information security personnel and the Cybersecurity Operations 549 
Center to ensure that the unique needs of the agency are met 550     
 
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administer the cybersecurity program of the state agency . This 551 
designation must be provided annually in writing to the 552 
department by January 15 1. A state agency's information 553 
security manager, for purposes of these information security 554 
duties, shall report directly to the agency head. 555 
 Section 5.  Paragraphs (b) and (c) of subsection (5) of 556 
section 282.3185, Florida Statutes, are amended to read: 557 
 282.3185  Local government cybersecurity. — 558 
 (5)  INCIDENT NOTIFICATION. — 559 
 (b)1.  A local government shall report all ransomware 560 
incidents and any cybersecurity incident determined by the local 561 
government to be of severity level 3, 4, or 5 as provided in s. 562 
282.318(3)(c) to the Cybersecurity Operations Center , the 563 
Cybercrime Office of the Department of Law Enforcement, and the 564 
sheriff who has jurisdiction over the local government as soon 565 
as possible but no later t han 12 48 hours after discovery of the 566 
cybersecurity incident and no later than 6 12 hours after 567 
discovery of the ransomware incident. The report must contain 568 
the information required in paragraph (a). 569 
 2.  The Cybersecurity Operations Center shall : 570 
 a.  Immediately notify the Cybercrime Office of the 571 
Department of Law Enforcement and provide to the Cybercrime 572 
Office of the Department of Law Enforcement and the sheriff who 573 
has jurisdiction over the local government regular reports on 574 
the status of the incid ent, preserve forensic data to support a 575     
 
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subsequent investigation, and provide aid to the investigative 576 
efforts of the Cybercrime Office of the Department of Law 577 
Enforcement upon the office's request. The Department of Law 578 
Enforcement shall coordinate the response to an incident in 579 
which a law enforcement agency is the subject of the incident 580 
and must provide updates to the Cybersecurity Operations Center. 581 
 b.  Immediately notify the state chief information security 582 
officer of a reported incident. The state chief information 583 
security officer shall notify the President of the Senate and 584 
the Speaker of the House of Representatives of any severity 585 
level 3, 4, or 5 incident as soon as possible but no later than 586 
12 hours after receiving a local government's incid ent report. 587 
The notification must include a high -level description of the 588 
incident and the likely effects. 589 
 (c)  A local government may report a cybersecurity incident 590 
determined by the local government to be of severity level 1 or 591 
2 as provided in s. 282. 318(3)(c) to the Cybersecurity 592 
Operations Center, the Cybercrime Office of the Department of 593 
Law Enforcement, and the sheriff who has jurisdiction over the 594 
local government. The report shall contain the information 595 
required in paragraph (a). The Cybersecurity Operations Center 596 
shall immediately notify the Cybercrime Office of the Department 597 
of Law Enforcement and the sheriff who has jurisdiction over the 598 
local government of a reported incident and provide regular 599 
reports on the status of the cybersecurity i ncident, preserve 600     
 
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forensic data to support a subsequent investigation, and provide 601 
aid to the investigative efforts of the Cybercrime Office of the 602 
Department of Law Enforcement upon request if the investigation 603 
does not impede remediation of the cybersecu rity incident and 604 
there is no risk to the public and no risk to critical state 605 
functions. 606 
 Section 6.  Section 1004.444, Florida Statutes, is amended 607 
to read: 608 
 1004.444  Florida Center for Cybersecurity. — 609 
 (1)  The Florida Center for Cybersecurity , which may also 610 
be referred to as "Cyber Florida," is established as a center 611 
within the University of South Florida under the direction of 612 
the president of the university or the president's designee. The 613 
president may assign the center within a college of the 614 
university if the college has a strong emphasis in 615 
cybersecurity, technology, or computer sciences and engineering 616 
as determined and approved by the university's board of 617 
trustees. 618 
 (2)  The mission and goals of the center are to: 619 
 (a)  Position Florida as the national leader in 620 
cybersecurity and its related workforce primarily through 621 
advancing and funding education and, research and development 622 
initiatives in cybersecurity and related fields, with a 623 
secondary emphasis on , and community engagement and 624 
cybersecurity awareness. 625     
 
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 (b)  Assist in the creation of jobs in the state's 626 
cybersecurity industry and enhance the existing cybersecurity 627 
workforce through education, research, applied science, and 628 
engagements and partnerships with the private and military 629 
sectors. 630 
 (c)  Act as a cooperative facilitator for state business 631 
and higher education communities to share cybersecurity 632 
knowledge, resources, and training. 633 
 (d)  Seek out research and development agreements and other 634 
partnerships with major military instal lations and affiliated 635 
contractors to assist, when possible, in homeland cybersecurity 636 
defense initiatives. 637 
 (e)  Attract cybersecurity companies and jobs to the state 638 
with an emphasis on defense, finance, health care, 639 
transportation, and utility sectors. 640 
 (f)  Conduct, fund, and facilitate research and applied 641 
science that leads to the creation of new technologies and 642 
software packages that have military and civilian applications 643 
and which can be transferred for military and homeland defense 644 
purposes or for sale or use in the private sector. 645 
 (3)  Upon receiving a request for assistance from the 646 
Department of Management Services, the Florida Digital Service, 647 
or another state agency, the center is authorized, but may not 648 
be compelled by the agency, to conduc t, consult on, or otherwise 649 
assist any state-funded initiatives related to: 650     
 
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 (a)  Cybersecurity training, professional development, and 651 
education for state and local government employees, including 652 
school districts and the judicial branch. 653 
 (b)  Increasing the cybersecurity effectiveness of the 654 
state's and local governments' technology platforms and 655 
infrastructure, including school districts and the judicial 656 
branch. 657 
 Section 7.  This act shall take effect July 1, 2024. 658