Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. CS for SB 1670 Ì2725184Î272518 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/02/2022 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Hutson) 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 (28) through (37) of section 6 282.0041, Florida Statutes, are redesignated as subsections (29) 7 through (38), respectively, a new subsection (28) is added to 8 that section, and subsection (19) of that section is amended, to 9 read: 10 282.0041 Definitions.—As used in this chapter, the term: 11 (19) “Incident” means a violation or imminent threat of 12 violation, whether such violation is accidental or deliberate, 13 of information technology resources, security, policies, or 14 practices. An imminent threat of violation refers to a situation 15 in which athestate agency, county, or municipality has a 16 factual basis for believing that a specific incident is about to 17 occur. 18 (28) “Ransomware incident” means a malicious cybersecurity 19 incident in which a person or entity introduces software that 20 gains unauthorized access to or encrypts, modifies, or otherwise 21 renders unavailable a state agency’s, county’s, or 22 municipality’s data and thereafter the person or entity demands 23 a ransom to prevent the publication of the data, restore access 24 to the data, or otherwise remediate the impact of the software. 25 Section 2. Paragraphs (c) and (g) of subsection (3) and 26 paragraphs (i) and (j) of subsection (4) of section 282.318, 27 Florida Statutes, are amended, and paragraph (k) is added to 28 subsection (4) of that section, to read: 29 282.318 Cybersecurity.— 30 (3) The department, acting through the Florida Digital 31 Service, is the lead entity responsible for establishing 32 standards and processes for assessing state agency cybersecurity 33 risks and determining appropriate security measures. Such 34 standards and processes must be consistent with generally 35 accepted technology best practices, including the National 36 Institute for Standards and Technology Cybersecurity Framework, 37 for cybersecurity. The department, acting through the Florida 38 Digital Service, shall adopt rules that mitigate risks; 39 safeguard state agency digital assets, data, information, and 40 information technology resources to ensure availability, 41 confidentiality, and integrity; and support a security 42 governance framework. The department, acting through the Florida 43 Digital Service, shall also: 44 (c) Develop and publish for use by state agencies a 45 cybersecurity governance framework that, at a minimum, includes 46 guidelines and processes for: 47 1. Establishing asset management procedures to ensure that 48 an agency’s information technology resources are identified and 49 managed consistent with their relative importance to the 50 agency’s business objectives. 51 2. Using a standard risk assessment methodology that 52 includes the identification of an agency’s priorities, 53 constraints, risk tolerances, and assumptions necessary to 54 support operational risk decisions. 55 3. Completing comprehensive risk assessments and 56 cybersecurity audits, which may be completed by a private sector 57 vendor, and submitting completed assessments and audits to the 58 department. 59 4. Identifying protection procedures to manage the 60 protection of an agency’s information, data, and information 61 technology resources. 62 5. Establishing procedures for accessing information and 63 data to ensure the confidentiality, integrity, and availability 64 of such information and data. 65 6. Detecting threats through proactive monitoring of 66 events, continuous security monitoring, and defined detection 67 processes. 68 7. Establishing agency cybersecurity incident response 69 teams and describing their responsibilities for responding to 70 cybersecurity incidents, including breaches of personal 71 information containing confidential or exempt data. 72 8. Recovering information and data in response to a 73 cybersecurity incident. The recovery may include recommended 74 improvements to the agency processes, policies, or guidelines. 75 9. Establishing a cybersecurity incident reporting process 76 that includes proceduresand tiered reporting timeframesfor 77 notifying the department and the Department of Law Enforcement 78 of cybersecurity incidents.The tiered reporting timeframes79shall be based upon the level of severity of the cybersecurity80incidents being reported.81 a. The level of severity of the cybersecurity incident is 82 defined by the National Cyber Incident Response Plan of the 83 United States Department of Homeland Security as follows: 84 (I) Level 5 is an emergency-level incident within the 85 specified jurisdiction that poses an imminent threat to the 86 provision of wide-scale critical infrastructure services; 87 national, state, or local government security; or the lives of 88 the country’s, state’s, or local government’s residents. 89 (II) Level 4 is a severe-level incident that is likely to 90 result in a significant impact in the affected jurisdiction to 91 public health or safety; national, state, or local security; 92 economic security; or civil liberties. 93 (III) Level 3 is a high-level incident that is likely to 94 result in a demonstrable impact in the affected jurisdiction to 95 public health or safety; national, state, or local security; 96 economic security; civil liberties; or public confidence. 97 (IV) Level 2 is a medium-level incident that may impact 98 public health or safety; national, state, or local security; 99 economic security; civil liberties; or public confidence. 100 (V) Level 1 is a low-level incident that is unlikely to 101 impact public health or safety; national, state, or local 102 security; economic security; civil liberties; or public 103 confidence. 104 b. The cybersecurity incident reporting process must 105 specify the information that must be reported by a state agency 106 following a cybersecurity incident or ransomware incident, 107 which, at a minimum, must include the following: 108 (I) A summary of the facts surrounding the cybersecurity 109 incident or ransomware incident. 110 (II) The date on which the state agency most recently 111 backed up its data, the physical location of the backup, if the 112 backup was affected, and if the backup was created using cloud 113 computing. 114 (III) The types of data compromised by the cybersecurity 115 incident or ransomware incident. 116 (IV) The estimated fiscal impact of the cybersecurity 117 incident or ransomware incident. 118 (V) In the case of a ransomware incident, the details of 119 the ransom demanded. 120 c.(I) A state agency shall report all ransomware incidents 121 and any cybersecurity incident determined by the state agency to 122 be of severity level 3, 4, or 5 to the Cybersecurity Operations 123 Center and the Cybercrime Office of the Department of Law 124 Enforcement as soon as possible but no later than 48 hours after 125 discovery of the cybersecurity incident and no later than 12 126 hours after discovery of the ransomware incident. The report 127 must contain the information required in sub-subparagraph b. 128 (II) The Cybersecurity Operations Center shall notify the 129 President of the Senate and the Speaker of the House of 130 Representatives of any severity level 3, 4, or 5 incident as 131 soon as possible but no later than 12 hours after receiving a 132 state agency’s incident report. The notification must include a 133 high-level description of the incident and the likely effects. 134 d. A state agency shall report a cybersecurity incident 135 determined by the state agency to be of severity level 1 or 2 to 136 the Cybersecurity Operations Center and the Cybercrime Office of 137 the Department of Law Enforcement as soon as possible. The 138 report must contain the information required in sub-subparagraph 139 b. 140 e. The Cybersecurity Operations Center shall provide a 141 consolidated incident report on a quarterly basis to the 142 President of the Senate, the Speaker of the House of 143 Representatives, and the Florida Cybersecurity Advisory Council. 144 The report provided to the Florida Cybersecurity Advisory 145 Council may not contain the name of any agency, network 146 information, or system identifying information but must contain 147 sufficient relevant information to allow the Florida 148 Cybersecurity Advisory Council to fulfill its responsibilities 149 as required in s. 282.319(9). 150 10. Incorporating information obtained through detection 151 and response activities into the agency’s cybersecurity incident 152 response plans. 153 11. Developing agency strategic and operational 154 cybersecurity plans required pursuant to this section. 155 12. Establishing the managerial, operational, and technical 156 safeguards for protecting state government data and information 157 technology resources that align with the state agency risk 158 management strategy and that protect the confidentiality, 159 integrity, and availability of information and data. 160 13. Establishing procedures for procuring information 161 technology commodities and services that require the commodity 162 or service to meet the National Institute of Standards and 163 Technology Cybersecurity Framework. 164 14. Submitting after-action reports following a 165 cybersecurity incident or ransomware incident. Such guidelines 166 and processes for submitting after-action reports must be 167 developed and published by December 1, 2022. 168 (g) Annually provide cybersecurity training to all state 169 agency technology professionals and employees with access to 170 highly sensitive information whichthatdevelops, assesses, and 171 documents competencies by role and skill level. The 172 cybersecurity training curriculum must include training on the 173 identification of each cybersecurity incident severity level 174 referenced in sub-subparagraph (c)9.a. The training may be 175 provided in collaboration with the Cybercrime Office of the 176 Department of Law Enforcement, a private sector entity, or an 177 institution of the State University System. 178 (4) Each state agency head shall, at a minimum: 179 (i) Provide cybersecurity awareness training to all state 180 agency employees withinin the first30 days after commencing 181 employment, and annually thereafter, concerning cybersecurity 182 risks and the responsibility of employees to comply with 183 policies, standards, guidelines, and operating procedures 184 adopted by the state agency to reduce those risks. The training 185 may be provided in collaboration with the Cybercrime Office of 186 the Department of Law Enforcement, a private sector entity, or 187 an institution of the State University System. 188 (j) Develop a process for detecting, reporting, and 189 responding to threats, breaches, or cybersecurity incidents 190 which is consistent with the security rules, guidelines, and 191 processes established by the department through the Florida 192 Digital Service. 193 1. All cybersecurity incidents and ransomware incidents 194breachesmust be reported by state agencies. Such reportsto the195Florida Digital Service within the department and the Cybercrime196Office of the Department of Law Enforcement andmust comply with 197 the notification procedures and reporting timeframes established 198 pursuant to paragraph (3)(c). 199 2. For cybersecurity breaches, state agencies shall provide 200 notice in accordance with s. 501.171. 201 (k) Submit to the Florida Digital Service, within 1 week 202 after the remediation of a cybersecurity incident or ransomware 203 incident, an after-action report that summarizes the incident, 204 the incident’s resolution, and any insights gained as a result 205 of the incident. 206 Section 3. Section 282.3185, Florida Statutes, is created 207 to read: 208 282.3185 Local government cybersecurity.— 209 (1) SHORT TITLE.—This section may be cited as the “Local 210 Government Cybersecurity Act.” 211 (2) DEFINITION.—As used in this section, the term “local 212 government” means any county or municipality. 213 (3) CYBERSECURITY TRAINING.— 214 (a) The Florida Digital Service shall: 215 1. Develop a basic cybersecurity training curriculum for 216 local government employees. All local government employees with 217 access to the local government’s network must complete the basic 218 cybersecurity training within 30 days after commencing 219 employment and annually thereafter. 220 2. Develop an advanced cybersecurity training curriculum 221 for local governments which is consistent with the cybersecurity 222 training required under s. 282.318(3)(g). All local government 223 technology professionals and employees with access to highly 224 sensitive information must complete the advanced cybersecurity 225 training within 30 days after commencing employment and annually 226 thereafter. 227 (b) The Florida Digital Service may provide the 228 cybersecurity training required by this subsection in 229 collaboration with the Cybercrime Office of the Department of 230 Law Enforcement, a private sector entity, or an institution of 231 the State University System. 232 (4) CYBERSECURITY STANDARDS.— 233 (a) Each local government shall adopt cybersecurity 234 standards that safeguard its data, information technology, and 235 information technology resources to ensure availability, 236 confidentiality, and integrity. The cybersecurity standards must 237 be consistent with generally accepted best practices for 238 cybersecurity, including the National Institute of Standards and 239 Technology Cybersecurity Framework. 240 (b) Each county with a population of 75,000 or more must 241 adopt the cybersecurity standards required by this subsection by 242 January 1, 2024. Each county with a population of less than 243 75,000 must adopt the cybersecurity standards required by this 244 subsection by January 1, 2025. 245 (c) Each municipality with a population of 25,000 or more 246 must adopt the cybersecurity standards required by this 247 subsection by January 1, 2024. Each municipality with a 248 population of less than 25,000 must adopt the cybersecurity 249 standards required by this subsection by January 1, 2025. 250 (d) Each local government shall notify the Florida Digital 251 Service of its compliance with this subsection as soon as 252 possible. 253 (5) INCIDENT NOTIFICATION.— 254 (a) A local government shall provide notification of a 255 cybersecurity incident or ransomware incident to the 256 Cybersecurity Operations Center, Cybercrime Office of the 257 Department of Law Enforcement, and sheriff who has jurisdiction 258 over the local government in accordance with paragraph (b). The 259 notification must include, at a minimum, the following 260 information: 261 1. A summary of the facts surrounding the cybersecurity 262 incident or ransomware incident. 263 2. The date on which the local government most recently 264 backed up its data, the physical location of the backup, if the 265 backup was affected, and if the backup was created using cloud 266 computing. 267 3. The types of data compromised by the cybersecurity 268 incident or ransomware incident. 269 4. The estimated fiscal impact of the cybersecurity 270 incident or ransomware incident. 271 5. In the case of a ransomware incident, the details of the 272 ransom demanded. 273 6. A statement requesting or declining assistance from the 274 Cybersecurity Operations Center, the Cybercrime Office of the 275 Department of Law Enforcement, or the sheriff who has 276 jurisdiction over the local government. 277 (b)1. A local government shall report all ransomware 278 incidents and any cybersecurity incident determined by the local 279 government to be of severity level 3, 4, or 5 as provided in s. 280 282.318(3)(c) to the Cybersecurity Operations Center, the 281 Cybercrime Office of the Department of Law Enforcement, and the 282 sheriff who has jurisdiction over the local government as soon 283 as possible but no later than 48 hours after discovery of the 284 cybersecurity incident and no later than 12 hours after 285 discovery of the ransomware incident. The report must contain 286 the information required in paragraph (a). 287 2. The Cybersecurity Operations Center shall notify the 288 President of the Senate and the Speaker of the House of 289 Representatives of any severity level 3, 4, or 5 incident as 290 soon as possible but no later than 12 hours after receiving a 291 local government’s incident report. The notification must 292 include a high-level description of the incident and the likely 293 effects. 294 (c) A local government may report a cybersecurity incident 295 determined by the local government to be of severity level 1 or 296 2 as provided in s. 282.318(3)(c) to the Cybersecurity 297 Operations Center, the Cybercrime Office of the Department of 298 Law Enforcement, and the sheriff who has jurisdiction over the 299 local government. The report shall contain the information 300 required in paragraph (a). 301 (d) The Cybersecurity Operations Center shall provide a 302 consolidated incident report on a quarterly basis to the 303 President of the Senate, the Speaker of the House of 304 Representatives, and the Florida Cybersecurity Advisory Council. 305 The report provided to the Florida Cybersecurity Advisory 306 Council may not contain the name of any local government, 307 network information, or system identifying information but must 308 contain sufficient relevant information to allow the Florida 309 Cybersecurity Advisory Council to fulfill its responsibilities 310 as required in s. 282.319(9). 311 (6) AFTER-ACTION REPORT.—A local government must submit to 312 the Florida Digital Service, within 1 week after the remediation 313 of a cybersecurity incident or ransomware incident, an after 314 action report that summarizes the incident, the incident’s 315 resolution, and any insights gained as a result of the incident. 316 By December 1, 2022, the Florida Digital Service shall establish 317 guidelines and processes for submitting an after-action report. 318 Section 4. Section 282.3186, Florida Statutes, is created 319 to read: 320 282.3186 Ransomware incident compliance.—A state agency as 321 defined in s. 282.318(2), a county, or a municipality 322 experiencing a ransomware incident may not pay or otherwise 323 comply with a ransom demand. 324 Section 5. Subsection (2) of section 282.319, Florida 325 Statutes, is amended, and paragraphs (g) and (h) are added to 326 subsection (9) and subsections (12) and (13) are added to that 327 section, to read: 328 282.319 Florida Cybersecurity Advisory Council.— 329 (2) The purpose of the council is to: 330 (a) Assist state agencies in protecting their information 331 technology resources from cybersecuritycyberthreats and 332 incidents. 333 (b) Advise counties and municipalities on cybersecurity, 334 including cybersecurity threats, trends, and best practices. 335 (9) The council shall meet at least quarterly to: 336 (g) Review information relating to cybersecurity incidents 337 and ransomware incidents to determine commonalities and develop 338 best practice recommendations for state agencies, counties, and 339 municipalities. 340 (h) Recommend any additional information that a county or 341 municipality should report to the Florida Digital Service as 342 part of its cybersecurity incident or ransomware incident 343 notification pursuant to s. 282.3185. 344 (12) Beginning December 1, 2022, and each December 1 345 thereafter, the council shall submit to the Governor, the 346 President of the Senate, and the Speaker of the House of 347 Representatives a comprehensive report that includes data, 348 trends, analysis, findings, and recommendations for state and 349 local action regarding ransomware incidents. At a minimum, the 350 report must include: 351 (a) Descriptive statistics including the amount of ransom 352 requested, duration of the ransomware incident, and overall 353 monetary cost to taxpayers of the ransomware incident. 354 (b) A detailed statistical analysis of the circumstances 355 that led to the ransomware incident which does not include the 356 name of the state agency, county, or municipality; network 357 information; or system identifying information. 358 (c) A detailed statistical analysis of the level of 359 cybersecurity employee training and frequency of data backup for 360 the state agency, county, or municipality that reported the 361 ransomware incident. 362 (d) Specific issues identified with current policies, 363 procedures, rules, or statutes and recommendations to address 364 such issues. 365 (e) Any other recommendations to prevent ransomware 366 incidents. 367 (13) For purposes of this section, the term “state agency” 368 has the same meaning as provided in s. 282.318(2). 369 Section 6. Section 815.062, Florida Statutes, is created to 370 read: 371 815.062 Offenses against governmental entities.— 372 (1) As used in this section, the term “governmental entity” 373 means any official, officer, commission, board, authority, 374 council, committee, or department of the executive, judicial, or 375 legislative branch of state government; any state university; or 376 any county or municipality, special district, water management 377 district, or other political subdivision of the state. 378 (2) A person who willfully, knowingly, and without 379 authorization introduces a computer contaminant that gains 380 unauthorized access to, encrypts, modifies, or otherwise renders 381 unavailable data, programs, or supporting documentation residing 382 or existing within a computer, computer system, computer 383 network, or electronic device owned or operated by a 384 governmental entity and demands a ransom to prevent the 385 publication of or restore access to the data, programs, or 386 supporting documentation or to otherwise remediate the impact of 387 the computer contaminant commits a felony of the first degree, 388 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 389 (3) An employee or contractor of a governmental entity with 390 access to the governmental entity’s network who willfully and 391 knowingly aids or abets another in the commission of a violation 392 of subsection (2) commits a felony of the first degree, 393 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 394 (4) In addition to any other penalty imposed, a person 395 convicted of a violation of this section must pay a fine equal 396 to twice the amount of the ransom demand. Moneys recovered under 397 this subsection shall be deposited into the General Revenue 398 Fund. 399 Section 7. The Legislature finds and declares that this act 400 fulfills an important state interest. 401 Section 8. This act shall take effect July 1, 2022. 402 403 ================= T I T L E A M E N D M E N T ================ 404 And the title is amended as follows: 405 Delete everything before the enacting clause 406 and insert: 407 A bill to be entitled 408 An act relating to cybersecurity; amending s. 409 282.0041, F.S.; revising a definition and defining the 410 term “ransomware incident”; amending s. 282.318, F.S.; 411 requiring the Department of Management Services, 412 acting through the Florida Digital Service, to develop 413 and publish guidelines and processes for reporting 414 cybersecurity incidents; requiring state agencies to 415 report ransomware incidents and certain cybersecurity 416 incidents to certain entities within specified 417 timeframes; requiring the Cybersecurity Operations 418 Center to provide certain notifications to the 419 Legislature within a specified timeframe; requiring 420 the Cybersecurity Operations Center to quarterly 421 provide certain reports to the Legislature and the 422 Florida Cybersecurity Advisory Council; requiring the 423 department, acting through the Florida Digital 424 Service, to develop and publish guidelines and 425 processes by a specified date for submitting after 426 action reports and annually provide cybersecurity 427 training to certain persons; requiring state agency 428 heads to annually provide cybersecurity awareness 429 training to certain persons; requiring state agencies 430 to report cybersecurity incidents and ransomware 431 incidents in compliance with certain procedures and 432 timeframes; requiring state agency heads to submit 433 certain after-action reports to the Florida Digital 434 Service within a specified timeframe; creating s. 435 282.3185, F.S.; providing a short title; defining the 436 term “local government”; requiring the Florida Digital 437 Service to develop certain cybersecurity training 438 curricula; requiring certain persons to complete 439 certain cybersecurity training within a specified 440 timeframe and annually thereafter; authorizing the 441 Florida Digital Service to provide a certain training 442 in collaboration with certain entities; requiring 443 certain local governments to adopt certain 444 cybersecurity standards by specified dates; requiring 445 local governments to provide a certain notification to 446 the Florida Digital Service and certain entities; 447 providing notification requirements; requiring local 448 governments to report ransomware incidents and certain 449 cybersecurity incidents to certain entities within 450 specified timeframes; requiring the Cybersecurity 451 Operations Center to provide a certain notification to 452 the Legislature within a specified timeframe; 453 authorizing local governments to report certain 454 cybersecurity incidents to certain entities; requiring 455 the Cybersecurity Operations Center to quarterly 456 provide certain reports to the Legislature and the 457 Florida Cybersecurity Advisory Council; requiring 458 local governments to submit after-action reports 459 containing certain information to the Florida Digital 460 Service within a specified timeframe; requiring the 461 Florida Digital Service to establish certain 462 guidelines and processes by a specified date; creating 463 s. 282.3186, F.S.; prohibiting certain entities from 464 paying or otherwise complying with a ransom demand; 465 amending s. 282.319, F.S.; revising the purpose of the 466 Florida Cybersecurity Advisory Council to include 467 advising counties and municipalities on cybersecurity; 468 requiring the council to meet at least quarterly to 469 review certain information and develop and make 470 certain recommendations; requiring the council to 471 annually submit to the Governor and the Legislature a 472 certain ransomware incident report beginning on a 473 specified date; providing requirements for the report; 474 defining the term “state agency”; creating s. 815.062, 475 F.S.; defining the term “governmental entity”; 476 prohibiting certain persons from introducing computer 477 contaminants in order to procure a ransom; prohibiting 478 certain employees or contractors from aiding or 479 abetting another to introduce computer contaminants in 480 order to procure a ransom; providing criminal 481 penalties; requiring a person convicted of certain 482 offenses to pay a certain fine; requiring deposit of 483 certain moneys in the General Revenue Fund; providing 484 a legislative finding and declaration of an important 485 state interest; providing an effective date.