Senate Bill sb0856c1

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    Florida Senate - 2006                            CS for SB 856

    By the Committee on Domestic Security; and Senator Diaz de la
    Portilla




    583-1960-06

  1                      A bill to be entitled

  2         An act relating to domestic security; amending

  3         s. 282.318, F.S.; requiring the Department of

  4         Management Services to set minimum standard

  5         operating procedures for the security of data

  6         and information technology resources; providing

  7         for the department to require each agency to

  8         conduct certain procedures to assure the

  9         security of data, information, and information

10         technology resources; requiring that the

11         results of certain internal audits and

12         evaluations be available to the Office of

13         Information Security; requiring the department

14         to establish an Office of Information Security

15         and to designate a Chief Information Security

16         Officer; providing that the office is

17         responsible for certain procedures and

18         standards; providing for the office to be

19         funded by general revenue; authorizing the

20         department to adopt rules; providing

21         legislative findings with respect to the

22         provision of additional funds for enhancements

23         and improvements to the radio system used by

24         state law enforcement agencies; providing for

25         the implementation of certain recommendations

26         contingent upon appropriation; providing an

27         effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

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    Florida Senate - 2006                            CS for SB 856
    583-1960-06




 1         Section 1.  Section 282.318, Florida Statutes, is

 2  amended to read:

 3         282.318  Security of data and information technology

 4  resources.--

 5         (1)  This section may be cited as the "Security of Data

 6  and Information Technology Resources Act."

 7         (2)(a)  The Department of Management Services,

 8  hereafter referred to as the department The State Technology

 9  Office, in consultation with each agency head, is responsible

10  for coordinating, assessing, and setting minimum standard

11  operating procedures for and accountable for assuring an

12  adequate level of security for all data and information

13  technology resources of each agency and, to carry out this

14  responsibility, will shall, at a minimum:

15         (a)1.  Require that each agency designate an

16  information security manager who shall administer the security

17  program of each agency for its data and information technology

18  resources.

19         (b)2.  Require that each agency conduct and update

20  every 3 years Conduct, and periodically update, a

21  comprehensive risk analysis to determine the security threats

22  to the data, information, and information technology resources

23  of each agency.  The risk analysis information is confidential

24  and exempt from the provisions of s. 119.07(1), except that

25  such information shall be available to the Auditor General in

26  performing his or her postauditing duties.

27         (c)3.  Assist each agency with the development and

28  provide revisions of Develop, and periodically update, written

29  internal policies and procedures to assure the security of the

30  data, information, and information technology resources of

31  each agency.  The internal policies and procedures which, if

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    Florida Senate - 2006                            CS for SB 856
    583-1960-06




 1  disclosed, could facilitate the unauthorized modification,

 2  disclosure, or destruction of data or information technology

 3  resources are confidential information and exempt from the

 4  provisions of s. 119.07(1), except that such information shall

 5  be available to the Auditor General in performing his or her

 6  postauditing duties.

 7         (d)4.  Require each agency to implement appropriate

 8  cost-effective safeguards to reduce, eliminate, or recover

 9  from the identified risks to the data and information

10  technology resources of each agency.

11         (e)5.  Require each agency to ensure that periodic

12  internal audits and evaluations of each security program for

13  the data and information technology resources of the agency

14  are conducted. The results of such internal audits and

15  evaluations are confidential information and exempt from the

16  provisions of s. 119.07(1), except that such information shall

17  be available to the Auditor General in performing his or her

18  postauditing duties and to the Office of Information Security

19  for performance of its coordination and assessment duties.

20         (f)6.  Require that each agency include appropriate

21  security requirements, as determined by the Department of

22  Management Services the State Technology Office, in

23  consultation with the Department of Law Enforcement each

24  agency head, in the written specifications for the

25  solicitation of information technology resources.

26         (b)  In those instances in which the department State

27  Technology Office develops state contracts for use by state

28  agencies, the department office shall include appropriate

29  security requirements in the specifications for the

30  solicitation for state contracts for procuring information

31  technology resources.

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    Florida Senate - 2006                            CS for SB 856
    583-1960-06




 1         (3)  In order to ensure the security of enterprise

 2  information, the department shall establish the Office of

 3  Information Security and shall designate a Chief Information

 4  Security Officer as the head of the office. The office shall

 5  work with all branches of state government and coordinate with

 6  the Agency Chief Information Officers Council and the

 7  Executive Office of the Governor. The office is responsible

 8  for security rulemaking and formulation of policy

 9  recommendations, security audit oversight, training of

10  information security managers, coordination of domestic

11  security funding for cybersecurity issues, and shall set

12  minimum standards for the recovery of information technology

13  following a disaster. The funding for this office and the

14  associated positions shall be provided with general revenue

15  and is the responsibility of the department.

16         (4)  The department may adopt rules relating to the

17  security of data, information, and information technology

18  pursuant to ss. 120.536(1) and 120.54 to administer this part.

19         Section 2.  The Legislature finds that infrastructure

20  enhancements and improvements to the radio system used by

21  state law enforcement agencies will provide increased

22  protection to the residents of this state and should be

23  considered for additional funding. In order to ensure

24  continued, improved communication and protection by state and

25  local law enforcement personnel, the recommendations of the

26  Joint Task Force on State Agency Law Enforcement

27  Communications, dated February 2005, or any subsequent

28  recommendations of the joint task force, should be implemented

29  contingent upon the appropriation of funds.

30         Section 3.  This act shall take effect upon becoming a

31  law.

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    Florida Senate - 2006                            CS for SB 856
    583-1960-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 0856

 3                                 

 4  Senate Bill 856 as originally filed stated the intent to
    revise laws relating to domestic security.
 5  
    This committee substitute provides for the reinstatement of
 6  the former State Technology Office's information technology
    security function within the Department of Management
 7  Services.  The committee substitute assigns and clarifies
    certain information technology security responsibilities for
 8  the department and each state agency.

 9  The Office of Information Security is created within the
    department and provides for the designation of a Chief
10  Information Security Officer.

11  The committee substitute finds that enhancements and
    improvements to the state law enforcement radio system should
12  be considered based on joint task force recommendations.
    Recommendations implementation should be contingent upon
13  appropriations.

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