Senate Bill sb0856c2

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    Florida Senate - 2006                     CS for CS for SB 856

    By the Committees on Governmental Oversight and Productivity;
    Domestic Security; and Senator Diaz de la Portilla




    585-2347-06

  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 recommend minimum

  5         operating procedures for the security of data

  6         and information technology resources; requiring

  7         each agency to conduct certain procedures to

  8         assure the security of data, information, and

  9         information technology resources; requiring

10         that the results of certain internal audits and

11         evaluations be available to the Auditor

12         General; requiring the department to establish

13         an Office of Information Security and to

14         designate a Chief Information Security Officer;

15         requiring the office to develop a strategic

16         plan; providing that the office is responsible

17         for certain procedures and standards; providing

18         legislative findings with respect to the

19         provision of additional funds for enhancements

20         and improvements to the radio system used by

21         state law enforcement agencies; providing for

22         the implementation of certain recommendations

23         contingent upon appropriation; providing an

24         effective date.

25  

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

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28         Section 1.  Section 282.318, Florida Statutes, is

29  amended to read:

30         282.318  Security of data and information technology

31  resources.--

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    Florida Senate - 2006                     CS for CS for SB 856
    585-2347-06




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

 2  and Information Technology Resources Act."

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

 4  hereafter referred to as the department The State Technology

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

 6  for coordinating, assessing, and recommending minimum

 7  operating procedures for and accountable for assuring an

 8  adequate level of security for all data and information

 9  technology resources. To assist the department in carrying of

10  each agency and, to carry out this responsibility, each agency

11  shall, at a minimum:

12         (a)1.  Designate an information security manager who

13  shall administer the security program of each agency for its

14  data and information technology resources.

15         (b)2.  Conduct, and periodically update every 3 years,

16  a comprehensive risk analysis to determine the security

17  threats to the data, information, and information technology

18  resources of each agency.  The risk analysis information is

19  confidential and exempt from the provisions of s. 119.07(1),

20  except that such information shall be available to the Auditor

21  General in performing his or her postauditing duties.

22         (c)3.  Develop, and periodically update, written

23  internal policies and procedures that are consistent with the

24  standard operating procedures recommended by the department to

25  assure the security of the data and information technology

26  resources of each agency.  The internal policies and

27  procedures which, if disclosed, could facilitate the

28  unauthorized modification, disclosure, or destruction of data

29  or information technology resources are confidential

30  information and exempt from the provisions of s. 119.07(1),

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    Florida Senate - 2006                     CS for CS for SB 856
    585-2347-06




 1  except that such information shall be available to the Auditor

 2  General in performing his or her postauditing duties.

 3         (d)4.  Implement appropriate cost-effective safeguards

 4  to reduce, eliminate, or recover from the identified risks to

 5  the data and information technology resources of each agency.

 6         (e)5.  Ensure that periodic internal audits and

 7  evaluations of each security program for the data,

 8  information, and information technology resources of the

 9  agency are conducted. The results of such internal audits and

10  evaluations are confidential information and exempt from the

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

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

13  postauditing duties.

14         (f)6.  Include appropriate security requirements, as

15  determined by the State Technology Office, in consultation

16  with each agency head, in the written specifications for the

17  solicitation of information technology resources which are

18  consistent with the standard security operating procedures as

19  recommended by the department.

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

21  Technology Office develops state contracts for use by state

22  agencies, the department office shall include appropriate

23  security requirements in the specifications for the

24  solicitation for state contracts for procuring information

25  technology resources.

26         (3)  In order to ensure the security of data,

27  information, and information technology resources, the

28  department shall establish the Office of Information Security

29  and shall designate a Chief Information Security Officer as

30  the head of the office. The office shall coordinate its

31  activities with the Agency Chief Information Officers Council

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    Florida Senate - 2006                     CS for CS for SB 856
    585-2347-06




 1  as established in s. 282.315. The office is responsible for

 2  developing a strategic plan for information technology

 3  security which shall be submitted by December 1, 2006, to the

 4  Executive Office of the Governor, the President of the Senate,

 5  and the Speaker of the House of Representatives; developing

 6  standards and templates for conducting comprehensive risk

 7  analyses and information security audits by state agencies;

 8  assisting agencies in their compliance with the provisions of

 9  this section; establishing minimum standards for the recovery

10  of information technology following a disaster; and conducting

11  training for agency information security managers. This

12  subsection shall expire on June 30, 2007.

13         Section 2.  The Legislature finds that infrastructure

14  enhancements and improvements to the radio system used by

15  state law enforcement agencies will provide increased

16  protection to the residents of this state and should be

17  considered for additional funding. In order to ensure

18  continued, improved communication and protection by state and

19  local law enforcement personnel, the recommendations of the

20  Joint Task Force on State Agency Law Enforcement

21  Communications, dated February 2005, or any subsequent

22  recommendations of the joint task force, should be implemented

23  contingent upon the appropriation of funds.

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

25  law.

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    Florida Senate - 2006                     CS for CS for SB 856
    585-2347-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          CS for SB 856

 3                                 

 4  Provides that the DMS will recommend minimum standard
    operating procedures for an adequate level of data and
 5  information technology security.

 6  Requires agencies to develop IT security procedures consistent
    with the operating procedures recommended by the DMS.
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    Requires the Office of Information Security to develop and
 8  submit to the Legislature and the Governor by December 1,
    2006, a strategic plan for information security.
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    Assigns to the OIS various responsibilities relating to IT
10  security.

11  Provides that the section establishing the OIS expires on June
    30, 2007.
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