Florida Senate - 2023                                    SB 2508
       
       
        
       By the Committee on Appropriations
       
       
       
       
       
       576-03191-23                                          20232508__
    1                        A bill to be entitled                      
    2         An act relating to state cybersecurity operations;
    3         providing for a type two transfer of the Cybersecurity
    4         Operations Center and related services, including the
    5         position of the state chief information security
    6         officer, from the Florida Digital Service within the
    7         Department of Management Services to the Department of
    8         Law Enforcement; amending s. 282.318, F.S.; requiring
    9         the Department of Management Services, acting through
   10         the Florida Digital Service, to perform specified
   11         actions relating to state agency cybersecurity risks;
   12         requiring the Department of Management Services to
   13         perform specified actions in consultation with and
   14         with approval from the state chief information
   15         security officer; requiring that the cybersecurity
   16         governance framework minimum guidelines be consistent
   17         with the state cybersecurity strategic plan;
   18         specifying that the Department of Law Enforcement is
   19         the lead entity responsible for enterprise
   20         cybersecurity operations; requiring the Department of
   21         Law Enforcement to designate a state chief information
   22         security officer; providing the qualifications for and
   23         the responsibilities of the state chief information
   24         security officer; requiring that the state chief
   25         information security officer be notified of all
   26         confirmed or suspected incidents involving, or threats
   27         to, state agency information; requiring the state
   28         chief information security officer to report such
   29         incidents to the Governor and the state chief
   30         information officer; requiring the Department of Law
   31         Enforcement to develop, and annually update by a
   32         specified date, a certain state cybersecurity
   33         strategic plan; requiring the Department of Law
   34         Enforcement to operate and maintain the Cybersecurity
   35         Operations Center as part of the Florida Fusion
   36         Center; requiring that the center be staffed with
   37         specified personnel; requiring the center to
   38         coordinate with the Florida Digital Service to support
   39         state agencies and their responses to cybersecurity
   40         incidents; requiring the Department of Law Enforcement
   41         to review and approve, before publication, the
   42         cybersecurity governance framework established by the
   43         Florida Digital Service; requiring the Department of
   44         Law Enforcement to review and approve all
   45         cybersecurity training provided by or facilitated
   46         through the Florida Digital Service; requiring the
   47         Department of Law Enforcement to develop and publish
   48         specified guidelines and processes for establishing a
   49         cybersecurity incident reporting process for use by
   50         state agencies; requiring the Florida Digital Service
   51         to provide certain reports on a periodic basis to the
   52         Legislature, the state chief information security
   53         officer, and the Cybersecurity Advisory Council;
   54         prohibiting the report transmitted to the advisory
   55         council from containing certain information; requiring
   56         state agency heads, in consultation with the
   57         Cybersecurity Operations Center, the Cybercrime
   58         Office, and the Florida Digital Service, to establish
   59         an agency cybersecurity response team to respond to
   60         cybersecurity incidents; requiring state agencies to
   61         submit a corrective action plan to the Florida Digital
   62         Service within a specified timeframe for all findings
   63         confirmed by the state chief information security
   64         officer; requiring that certain implementation plans
   65         be submitted to the state chief information officer on
   66         a periodic basis; requiring that a specified
   67         comprehensive risk assessment be conducted annually;
   68         providing that certain public records exemptions do
   69         not apply to information made available to the
   70         Cybersecurity Operations Center; providing that
   71         certain mandatory cybersecurity awareness training
   72         offered to state employees may be provided in
   73         collaboration with the Cyber Security Operations
   74         Center or the Florida Digital Service; conforming a
   75         provision to changes made by the act; requiring state
   76         agency heads to submit after-action reports to the
   77         Department of Law Enforcement and other specified
   78         entities; requiring that certain confidential and
   79         exempt records be made available to the state chief
   80         information officer; requiring the Department of Law
   81         Enforcement to adopt specified rules; amending s.
   82         282.3185, F.S.; requiring that certain cybersecurity
   83         training programs developed by the Florida Digital
   84         Service be approved by the state chief information
   85         security officer; authorizing the Florida Digital
   86         service to collaborate with the Cybersecurity
   87         Operations Center to provide certain cybersecurity
   88         training; requiring local governments to provide
   89         notification of a cybersecurity or ransomware incident
   90         to the Florida Digital Service and other entities
   91         within a specified timeframe after the incident;
   92         requiring local governments to provide a certain
   93         report of cybersecurity incidents or ransomware
   94         incidents of a specified severity level to the Florida
   95         Digital Service and other entities; authorizing local
   96         governments to provide a certain report of
   97         cybersecurity incidents or ransomware incidents of a
   98         specified severity level to the Florida Digital
   99         Service; requiring the Florida Digital Service to
  100         provide certain consolidated incident reports to the
  101         state chief information security officer and other
  102         entities; requiring the Florida Digital Service to
  103         collaborate with the state chief information security
  104         officer to establish guidelines and processes for
  105         submitting after-action reports, by a specified date;
  106         conforming a cross-reference; providing an effective
  107         date.
  108          
  109  Be It Enacted by the Legislature of the State of Florida:
  110  
  111         Section 1. All positions, duties, functions, records,
  112  existing contracts, administrative authority, administrative
  113  rules, and unexpended balances of appropriations, allocations,
  114  and other public funds relating to the Cybersecurity Operations
  115  Center and related services, including the position of the state
  116  chief information security officer, of the Florida Digital
  117  Service within the Department of Management Services are
  118  transferred by a type two transfer as defined in s. 20.06(2),
  119  Florida Statutes, to the Department of Law Enforcement.
  120         Section 2. Section 282.318, Florida Statutes, is amended to
  121  read:
  122         282.318 Cybersecurity.—
  123         (1) This section may be cited as the “State Cybersecurity
  124  Act.”
  125         (2) As used in this section, the term “state agency” has
  126  the same meaning as provided in s. 282.0041, except that the
  127  term includes the Department of Legal Affairs, the Department of
  128  Agriculture and Consumer Services, and the Department of
  129  Financial Services.
  130         (3) The department, acting through the Florida Digital
  131  Service, is the lead entity responsible for establishing
  132  standards and processes for assessing state agency cybersecurity
  133  risks and determining appropriate security measures. Such
  134  standards and processes must be consistent with generally
  135  accepted technology best practices for cybersecurity, including
  136  the National Institute for Standards and Technology
  137  Cybersecurity Framework, for cybersecurity. The department,
  138  acting through the Florida Digital Service, shall:
  139         (a) Assist state agencies in complying with this section.
  140         (b) Annually review the strategic and operational
  141  cybersecurity plans of state agencies for compliance with the
  142  cybersecurity governance framework. The review of the plans must
  143  include the following:
  144         1. Providing findings to the state chief information
  145  security officer for review and confirmation;
  146         2. Notifying agencies of confirmed findings and the date by
  147  which the agency must submit a corrective action plan;
  148         3.Reviewing corrective action plans submitted by agencies;
  149         4. Tracking and monitoring progress of the implementation
  150  of corrective action plans; and
  151         5. Annually submitting a report to the state chief
  152  information security officer which includes, by agency,
  153  completed reviews, any confirmed findings, a brief description
  154  of corresponding corrective action plans, and the status of
  155  corrective action plan implementation.
  156         (c) Review state agency annual risk assessment findings and
  157  corresponding remediation plans, including:
  158         1. Tracking and monitoring the progress of the risk
  159  assessment remediation plans; and
  160         2. Annually submitting a report to the state chief
  161  information security officer which includes, by agency, risk
  162  assessment findings, a brief description of corresponding
  163  remediation plans, and the status of remediation plan
  164  implementation.
  165         (d) Annually provide cybersecurity training for state
  166  agency information security managers and computer security
  167  incident response team members which includes training on
  168  cybersecurity threats, trends, and best practices. The training
  169  curriculum must be approved by the state chief information
  170  security officer.
  171         (e) Annually provide cybersecurity training to all state
  172  agency technology professionals and employees with access to
  173  highly sensitive information which develops, assesses, and
  174  documents competencies by role and skill level. The
  175  cybersecurity training curriculum must include training on the
  176  identification of each cybersecurity incident severity level
  177  referenced in subparagraph (5)(g)1. The training must be
  178  approved by the state chief information security officer and may
  179  be provided in collaboration with a private sector entity or an
  180  institution of the State University System.
  181         (4) The department, acting through the Florida Digital
  182  Service, and in consultation with and with approval from the
  183  state chief information security officer, shall:
  184         (a) Adopt rules that mitigate risks; safeguard state agency
  185  digital assets, data, information, and information technology
  186  resources to ensure availability, confidentiality, and
  187  integrity; and support a security governance framework. The
  188  department, acting through the Florida Digital Service, shall
  189  also:
  190         (a) Designate an employee of the Florida Digital Service as
  191  the state chief information security officer. The state chief
  192  information security officer must have experience and expertise
  193  in security and risk management for communications and
  194  information technology resources. The state chief information
  195  security officer is responsible for the development, operation,
  196  and oversight of cybersecurity for state technology systems. The
  197  state chief information security officer shall be notified of
  198  all confirmed or suspected incidents or threats of state agency
  199  information technology resources and must report such incidents
  200  or threats to the state chief information officer and the
  201  Governor.
  202         (b) Develop, and annually update by February 1, a statewide
  203  cybersecurity strategic plan that includes security goals and
  204  objectives for cybersecurity, including the identification and
  205  mitigation of risk, proactive protections against threats,
  206  tactical risk detection, threat reporting, and response and
  207  recovery protocols for a cyber incident.
  208         (b)(c) Develop and publish for use by state agencies a
  209  cybersecurity governance framework consistent with the state
  210  cybersecurity strategic plan which that, at a minimum, includes
  211  guidelines and processes for:
  212         1. Establishing asset management procedures to ensure that
  213  an agency’s information technology resources are identified and
  214  managed consistent with their relative importance to the
  215  agency’s business objectives.
  216         2. Using a standard risk assessment methodology that
  217  includes the identification of an agency’s priorities,
  218  constraints, risk tolerances, and assumptions necessary to
  219  support operational risk decisions.
  220         3. Completing comprehensive risk assessments and
  221  cybersecurity audits, which may be completed by a private sector
  222  vendor, and submitting completed assessments and audits to the
  223  department.
  224         3.4. Identifying protection procedures to manage the
  225  protection of an agency’s information, data, and information
  226  technology resources.
  227         4.5. Establishing procedures for accessing information and
  228  data to ensure the confidentiality, integrity, and availability
  229  of such information and data.
  230         5.6. Detecting threats through proactive monitoring of
  231  events, continuous security monitoring, and defined detection
  232  processes.
  233         6.7. Establishing agency cybersecurity incident response
  234  teams and describing their responsibilities for responding to
  235  cybersecurity incidents, including breaches of personal
  236  information containing confidential or exempt data.
  237         7.8. Recovering information and data in response to a
  238  cybersecurity incident. The recovery may include recommended
  239  improvements to the agency processes, policies, or guidelines.
  240         9. Establishing a cybersecurity incident reporting process
  241  that includes procedures for notifying the department and the
  242  Department of Law Enforcement of cybersecurity incidents.
  243         a. The level of severity of the cybersecurity incident is
  244  defined by the National Cyber Incident Response Plan of the
  245  United States Department of Homeland Security as follows:
  246         (I) Level 5 is an emergency-level incident within the
  247  specified jurisdiction that poses an imminent threat to the
  248  provision of wide-scale critical infrastructure services;
  249  national, state, or local government security; or the lives of
  250  the country’s, state’s, or local government’s residents.
  251         (II) Level 4 is a severe-level incident that is likely to
  252  result in a significant impact in the affected jurisdiction to
  253  public health or safety; national, state, or local security;
  254  economic security; or civil liberties.
  255         (III) Level 3 is a high-level incident that is likely to
  256  result in a demonstrable impact in the affected jurisdiction to
  257  public health or safety; national, state, or local security;
  258  economic security; civil liberties; or public confidence.
  259         (IV) Level 2 is a medium-level incident that may impact
  260  public health or safety; national, state, or local security;
  261  economic security; civil liberties; or public confidence.
  262         (V) Level 1 is a low-level incident that is unlikely to
  263  impact public health or safety; national, state, or local
  264  security; economic security; civil liberties; or public
  265  confidence.
  266         b. The cybersecurity incident reporting process must
  267  specify the information that must be reported by a state agency
  268  following a cybersecurity incident or ransomware incident,
  269  which, at a minimum, must include the following:
  270         (I) A summary of the facts surrounding the cybersecurity
  271  incident or ransomware incident.
  272         (II) The date on which the state agency most recently
  273  backed up its data; the physical location of the backup, if the
  274  backup was affected; and if the backup was created using cloud
  275  computing.
  276         (III) The types of data compromised by the cybersecurity
  277  incident or ransomware incident.
  278         (IV) The estimated fiscal impact of the cybersecurity
  279  incident or ransomware incident.
  280         (V) In the case of a ransomware incident, the details of
  281  the ransom demanded.
  282         c.(I) A state agency shall report all ransomware incidents
  283  and any cybersecurity incident determined by the state agency to
  284  be of severity level 3, 4, or 5 to the Cybersecurity Operations
  285  Center and the Cybercrime Office of the Department of Law
  286  Enforcement as soon as possible but no later than 48 hours after
  287  discovery of the cybersecurity incident and no later than 12
  288  hours after discovery of the ransomware incident. The report
  289  must contain the information required in sub-subparagraph b.
  290         (II) The Cybersecurity Operations Center shall notify the
  291  President of the Senate and the Speaker of the House of
  292  Representatives of any severity level 3, 4, or 5 incident as
  293  soon as possible but no later than 12 hours after receiving a
  294  state agency’s incident report. The notification must include a
  295  high-level description of the incident and the likely effects.
  296         d. A state agency shall report a cybersecurity incident
  297  determined by the state agency to be of severity level 1 or 2 to
  298  the Cybersecurity Operations Center and the Cybercrime Office of
  299  the Department of Law Enforcement as soon as possible. The
  300  report must contain the information required in sub-subparagraph
  301  b.
  302         e. The Cybersecurity Operations Center shall provide a
  303  consolidated incident report on a quarterly basis to the
  304  President of the Senate, the Speaker of the House of
  305  Representatives, and the Florida Cybersecurity Advisory Council.
  306  The report provided to the Florida Cybersecurity Advisory
  307  Council may not contain the name of any agency, network
  308  information, or system identifying information but must contain
  309  sufficient relevant information to allow the Florida
  310  Cybersecurity Advisory Council to fulfill its responsibilities
  311  as required in s. 282.319(9).
  312         8.10. Incorporating information obtained through detection
  313  and response activities into the agency’s cybersecurity incident
  314  response plans.
  315         9.11. Developing agency strategic and operational
  316  cybersecurity plans required pursuant to this section.
  317         10.12. Establishing the managerial, operational, and
  318  technical safeguards for protecting state government data and
  319  information technology resources that align with the state
  320  agency risk management strategy and that protect the
  321  confidentiality, integrity, and availability of information and
  322  data.
  323         11.13. Establishing procedures for procuring information
  324  technology commodities and services that require the commodity
  325  or service to meet the National Institute of Standards and
  326  Technology Cybersecurity Framework.
  327         12.14. Submitting after-action reports following a
  328  cybersecurity incident or ransomware incident. Such guidelines
  329  and processes for submitting after-action reports must be
  330  developed and published by December 1, 2023 2022.
  331         (d) Assist state agencies in complying with this section.
  332         (e) In collaboration with the Cybercrime Office of the
  333  Department of Law Enforcement, annually provide training for
  334  state agency information security managers and computer security
  335  incident response team members that contains training on
  336  cybersecurity, including cybersecurity threats, trends, and best
  337  practices.
  338         (f) Annually review the strategic and operational
  339  cybersecurity plans of state agencies.
  340         (g) Annually provide cybersecurity training to all state
  341  agency technology professionals and employees with access to
  342  highly sensitive information which develops, assesses, and
  343  documents competencies by role and skill level. The
  344  cybersecurity training curriculum must include training on the
  345  identification of each cybersecurity incident severity level
  346  referenced in sub-subparagraph (c)9.a. The training may be
  347  provided in collaboration with the Cybercrime Office of the
  348  Department of Law Enforcement, a private sector entity, or an
  349  institution of the State University System.
  350         (5) The Department of Law Enforcement is the lead entity
  351  responsible for enterprise cybersecurity operations and as the
  352  lead entity, the Department of Law Enforcement shall:
  353         (a) Designate an employee as the state chief information
  354  security officer. The state chief information security officer
  355  must have experience and expertise in security and risk
  356  management for communications and information technology
  357  resources. The state chief information security officer is
  358  responsible for the development, operation, and oversight of
  359  cybersecurity for state technology systems. The state chief
  360  information security officer must be notified of all confirmed
  361  or suspected incidents involving, or threats to, state agency
  362  information technology resources and must report such incidents
  363  or threats to the Governor and the state chief information
  364  officer.
  365         (b) Develop, and annually update by February 1, a state
  366  cybersecurity strategic plan that includes security goals and
  367  objectives for cybersecurity, including the identification and
  368  mitigation of risk, proactive protections against threats,
  369  tactical risk detection, threat reporting, and response and
  370  recovery protocols for a cyber incident.
  371         (c)(h) Operate and maintain a Cybersecurity Operations
  372  Center as part of the Florida Fusion Center led by the state
  373  chief information security officer, which must be primarily
  374  virtual and staffed with tactical detection and incident
  375  response personnel. The Cybersecurity Operations Center shall
  376  serve as a clearinghouse for threat information and coordinate
  377  with the Florida Digital Service Department of Law Enforcement
  378  to support state agencies and their response to any confirmed or
  379  suspected cybersecurity incident.
  380         (d) Before publication, review and approve the
  381  cybersecurity governance framework established by the Florida
  382  Digital Service.
  383         (e) Review and approve all cybersecurity training provided
  384  by or facilitated through the Florida Digital Service within the
  385  Department of Management Services.
  386         (f)(i) Lead an Emergency Support Function, ESF CYBER, under
  387  the state comprehensive emergency management plan as described
  388  in s. 252.35.
  389         (g) Develop and publish for use by state agencies
  390  guidelines and processes for establishing a cybersecurity
  391  incident reporting process that includes procedures and secure
  392  communication mechanisms for notifying the Department of Law
  393  Enforcement, the Florida Digital Service, and other stakeholders
  394  of cybersecurity incidents.
  395         1.The level of severity of the cybersecurity incidents is
  396  defined by the National Cyber Incident Response Plan of the
  397  United States Department of Homeland Security as follows:
  398         a. Level 5 is an emergency-level incident within the
  399  specified jurisdiction which poses an imminent threat to the
  400  provision of wide-scale critical infrastructure services;
  401  national, state, or local government security; or the lives of
  402  the country’s, state’s, or local government’s residents.
  403         b. Level 4 is a severe-level incident that is likely to
  404  result in a significant impact in the affected jurisdiction to
  405  public health or safety; national, state, or local security;
  406  economic security; or civil liberties.
  407         c. Level 3 is a high-level incident that is likely to
  408  result in a demonstrable impact in the affected jurisdiction to
  409  public health or safety; national, state, or local security;
  410  economic security; civil liberties; or public confidence.
  411         d. Level 2 is a medium-level incident that may impact
  412  public health or safety; national, state, or local security;
  413  economic security; civil liberties; or public confidence.
  414         e. Level 1 is a low-level incident that is unlikely to
  415  impact public health or safety; national, state, or local
  416  security; economic security; civil liberties; or public
  417  confidence.
  418         2. The cybersecurity incident reporting process must
  419  specify the information that must be reported by a state agency
  420  following a cybersecurity incident or ransomware incident, which
  421  information must, at a minimum, include all of the following:
  422         a. A summary of the facts surrounding the cybersecurity
  423  incident or ransomware incident.
  424         b. The date on which the state agency most recently backed
  425  up its data; the physical location of the backup, if the backup
  426  was affected; and whether the backup was created using cloud
  427  computing.
  428         c. The types of data compromised by the cybersecurity
  429  incident or ransomware incident.
  430         d. The estimated fiscal impact of the cybersecurity
  431  incident or ransomware incident.
  432         e. In the case of a ransomware incident, the details of the
  433  ransom demanded.
  434         3.a.A state agency shall report all ransomware incidents
  435  and any cybersecurity incident determined by the state agency to
  436  be of severity level 3, 4, or 5 to the Cybersecurity Operations
  437  Center, the Cybercrime Office within the Department of Law
  438  Enforcement, and the Florida Digital Service as soon as possible
  439  but no later than 48 hours after discovery of the cybersecurity
  440  incident and no later than 12 hours after discovery of the
  441  ransomware incident. The report must contain the information
  442  required to be reported under subparagraph 2.
  443         b. The Cybersecurity Operations Center shall notify the
  444  President of the Senate and the Speaker of the House of
  445  Representatives of any severity level 3, 4, or 5 incident as
  446  soon as possible but no later than 12 hours after receiving a
  447  state agency’s incident report. The notification must include a
  448  high-level description of the incident and the likely effects.
  449         4. A state agency shall report a cybersecurity incident
  450  determined by the state agency to be of severity level 1 or 2 to
  451  the Cybersecurity Operations Center, the Cybercrime Office
  452  within the Florida Department of Law Enforcement, and the
  453  Florida Digital Service as soon as possible. The report must
  454  contain the information required to be reported under
  455  subparagraph 2.
  456         5. The Florida Digital Service shall provide a consolidated
  457  incident report on a quarterly basis to the President of the
  458  Senate, the Speaker of the House of Representatives, the state
  459  chief information security officer, and the Florida
  460  Cybersecurity Advisory Council. The report provided to the
  461  Florida Cybersecurity Advisory Council may not contain the name
  462  of any agency, network information, or system identifying
  463  information, but must contain sufficient relevant information to
  464  allow the Florida Cybersecurity Advisory Council to fulfill its
  465  responsibilities as required in s. 282.319(9).
  466         (6)(4) Each state agency head shall, at a minimum:
  467         (a) Designate an information security manager to administer
  468  the cybersecurity program of the state agency. This designation
  469  must be provided annually in writing to the department by
  470  January 1. A state agency’s information security manager, for
  471  purposes of these information security duties, shall report
  472  directly to the agency head.
  473         (b) In consultation with the Cybersecurity Operations
  474  Center department, through the Florida Digital Service, and the
  475  Cybercrime Office within of the Department of Law Enforcement
  476  and the Florida Digital Service within the Department of
  477  Management Services, establish an agency cybersecurity response
  478  team to respond to a cybersecurity incident. The agency
  479  cybersecurity response team shall convene upon notification of a
  480  cybersecurity incident and must immediately report all confirmed
  481  or suspected incidents to the state chief information security
  482  officer, or his or her designee, and comply with all applicable
  483  guidelines and processes established pursuant to paragraph
  484  (5)(g) (3)(c).
  485         (c) Submit to the department annually by July 31, the state
  486  agency’s strategic and operational cybersecurity plans developed
  487  pursuant to rules and guidelines established by the department,
  488  through the Florida Digital Service.
  489         1. The state agency strategic cybersecurity plan must cover
  490  a 3-year period and, at a minimum, define security goals,
  491  intermediate objectives, and projected agency costs for the
  492  strategic issues of agency information security policy, risk
  493  management, security training, security incident response, and
  494  disaster recovery. The plan must be based on the statewide
  495  cybersecurity strategic plan created by the Department of Law
  496  Enforcement and include performance metrics that can be
  497  objectively measured to reflect the status of the state agency’s
  498  progress in meeting security goals and objectives identified in
  499  the agency’s strategic information security plan.
  500         2. The state agency operational cybersecurity plan must
  501  include a progress report that objectively measures progress
  502  made towards the prior operational cybersecurity plan and a
  503  project plan that includes activities, timelines, and
  504  deliverables for security objectives that the state agency will
  505  implement during the current fiscal year.
  506         3. State agencies must submit a corrective action plan for
  507  all findings confirmed by the state chief information security
  508  officer to the Florida Digital Service within 90 days after
  509  notifications. Implementation plans that report the status of
  510  the corrective action plans must be submitted on a quarterly
  511  basis to the state chief information officer until fully
  512  implemented.
  513         (d) Annually conduct, and update every 3 years, a
  514  comprehensive risk assessment, which may be completed by a
  515  private sector vendor, to determine the security threats to the
  516  data, information, and information technology resources,
  517  including mobile devices and print environments, of the agency.
  518  The risk assessment must comply with the risk assessment
  519  methodology developed by the department and is confidential and
  520  exempt from s. 119.07(1), except that such information must
  521  shall be available to the Auditor General, the Florida Digital
  522  Service within the department, the Cybercrime Office and the
  523  Cybersecurity Operations Center within of the Department of Law
  524  Enforcement, and, for state agencies under the jurisdiction of
  525  the Governor, the Chief Inspector General. If a private sector
  526  vendor is used to complete a comprehensive risk assessment, it
  527  must attest to the validity of the risk assessment findings.
  528         (e) Develop, and periodically update, written internal
  529  policies and procedures, which include procedures for reporting
  530  cybersecurity incidents and breaches to the Cybercrime Office
  531  and the Cybersecurity Operations Center within of the Department
  532  of Law Enforcement and the Florida Digital Service within the
  533  department. Such policies and procedures must be consistent with
  534  the rules, guidelines, and processes established by the
  535  department to ensure the security of the data, information, and
  536  information technology resources of the agency. The internal
  537  policies and procedures that, if disclosed, could facilitate the
  538  unauthorized modification, disclosure, or destruction of data or
  539  information technology resources are confidential information
  540  and exempt from s. 119.07(1), except that such information must
  541  shall be available to the Auditor General, the Cybercrime Office
  542  and the Cybersecurity Operations Center within of the Department
  543  of Law Enforcement, the Florida Digital Service within the
  544  department, and, for state agencies under the jurisdiction of
  545  the Governor, the Chief Inspector General.
  546         (f) Implement managerial, operational, and technical
  547  safeguards and risk assessment remediation plans recommended by
  548  the department to address identified risks to the data,
  549  information, and information technology resources of the agency.
  550  The department, through the Florida Digital Service, shall track
  551  implementation by state agencies upon development of such
  552  remediation plans in coordination with agency inspectors
  553  general.
  554         (g) Ensure that periodic internal audits and evaluations of
  555  the agency’s cybersecurity program for the data, information,
  556  and information technology resources of the agency are
  557  conducted. The results of such audits and evaluations are
  558  confidential information and exempt from s. 119.07(1), except
  559  that such information must shall be available to the Auditor
  560  General, the Cybercrime Office and the Cybersecurity Operations
  561  Center within of the Department of Law Enforcement, the Florida
  562  Digital Service within the department, and, for agencies under
  563  the jurisdiction of the Governor, the Chief Inspector General.
  564         (h) Ensure that the cybersecurity requirements in the
  565  written specifications for the solicitation, contracts, and
  566  service-level agreement of information technology and
  567  information technology resources and services meet or exceed the
  568  applicable state and federal laws, regulations, and standards
  569  for cybersecurity, including the National Institute of Standards
  570  and Technology Cybersecurity Framework. Service-level agreements
  571  must identify service provider and state agency responsibilities
  572  for privacy and security, protection of government data,
  573  personnel background screening, and security deliverables with
  574  associated frequencies.
  575         (i) Provide cybersecurity awareness training to all state
  576  agency employees within 30 days after commencing employment, and
  577  annually thereafter, concerning cybersecurity risks and the
  578  responsibility of employees to comply with policies, standards,
  579  guidelines, and operating procedures adopted by the state agency
  580  to reduce those risks. The training may be provided in
  581  collaboration with the Cybercrime Office and the Cybersecurity
  582  Operations Center within of the Department of Law Enforcement,
  583  the Florida Digital Service, a private sector entity, or an
  584  institution of the State University System.
  585         (j) Develop a process for detecting, reporting, and
  586  responding to threats, breaches, or cybersecurity incidents
  587  which is consistent with the security rules, guidelines, and
  588  processes established by the Department of Law Enforcement
  589  through the Florida Digital Service.
  590         1. All cybersecurity incidents and ransomware incidents
  591  must be reported by state agencies. Such reports must comply
  592  with the notification procedures and reporting timeframes
  593  established pursuant to paragraph (5)(g) (3)(c).
  594         2. For cybersecurity breaches, state agencies shall provide
  595  notice in accordance with s. 501.171.
  596         (k) Submit to the Department of Law Enforcement and the
  597  Florida Digital Service, within 1 week after the remediation of
  598  a cybersecurity incident or ransomware incident, an after-action
  599  report that summarizes the incident, the incident’s resolution,
  600  and any insights gained as a result of the incident.
  601         (7)(5) The portions of risk assessments, evaluations,
  602  external audits, and other reports of a state agency’s
  603  cybersecurity program for the data, information, and information
  604  technology resources of the state agency which are held by a
  605  state agency are confidential and exempt from s. 119.07(1) and
  606  s. 24(a), Art. I of the State Constitution if the disclosure of
  607  such portions of records would facilitate unauthorized access to
  608  or the unauthorized modification, disclosure, or destruction of:
  609         (a) Data or information, whether physical or virtual; or
  610         (b) Information technology resources, which include:
  611         1. Information relating to the security of the agency’s
  612  technologies, processes, and practices designed to protect
  613  networks, computers, data processing software, and data from
  614  attack, damage, or unauthorized access; or
  615         2. Security information, whether physical or virtual, which
  616  relates to the agency’s existing or proposed information
  617  technology systems.
  618  
  619  For purposes of this subsection, “external audit” means an audit
  620  that is conducted by an entity other than the state agency that
  621  is the subject of the audit.
  622         (8)(6) Those portions of a public meeting as specified in
  623  s. 286.011 which would reveal records which are confidential and
  624  exempt under subsection (7) (5) are exempt from s. 286.011 and
  625  s. 24(b), Art. I of the State Constitution. No exempt portion of
  626  an exempt meeting may be off the record. All exempt portions of
  627  such meeting must shall be recorded and transcribed. Such
  628  recordings and transcripts are confidential and exempt from
  629  disclosure under s. 119.07(1) and s. 24(a), Art. I of the State
  630  Constitution unless a court of competent jurisdiction, after an
  631  in camera review, determines that the meeting was not restricted
  632  to the discussion of data and information made confidential and
  633  exempt by this section. In the event of such a judicial
  634  determination, only that portion of the recording and transcript
  635  which reveals nonexempt data and information may be disclosed to
  636  a third party.
  637         (9)(7) The portions of records made confidential and exempt
  638  in subsections (7) (5) and (8) must (6) shall be available to
  639  the Auditor General, the Cybercrime Office and the state chief
  640  information officer within of the Department of Law Enforcement,
  641  the Florida Digital Service within the department, and, for
  642  agencies under the jurisdiction of the Governor, the Chief
  643  Inspector General. Such portions of records may be made
  644  available to a local government, another state agency, or a
  645  federal agency for cybersecurity purposes or in furtherance of
  646  the state agency’s official duties.
  647         (10)(8) The exemptions contained in subsections (7) (5) and
  648  (8) (6) apply to records held by a state agency before, on, or
  649  after the effective date of this exemption.
  650         (11)(9) Subsections (7) (5) and (8) (6) are subject to the
  651  Open Government Sunset Review Act in accordance with s. 119.15
  652  and shall stand repealed on October 2, 2025, unless reviewed and
  653  saved from repeal through reenactment by the Legislature.
  654         (12)(10) The department and the Department of Law
  655  Enforcement shall adopt rules relating to cybersecurity and to
  656  administer this section.
  657         Section 3. Section 282.3185, Florida Statutes, is amended
  658  to read:
  659         282.3185 Local government cybersecurity.—
  660         (1) SHORT TITLE.—This section may be cited as the “Local
  661  Government Cybersecurity Act.”
  662         (2) DEFINITION.—As used in this section, the term “local
  663  government” means any county or municipality.
  664         (3) CYBERSECURITY TRAINING.—
  665         (a) The Florida Digital Service shall:
  666         1. Develop a basic cybersecurity training curriculum for
  667  local government employees which must be approved by the state
  668  chief information security officer. All local government
  669  employees with access to the local government’s network must
  670  complete the basic cybersecurity training within 30 days after
  671  commencing employment and annually thereafter.
  672         2. Develop an advanced cybersecurity training curriculum
  673  for local governments which is consistent with the cybersecurity
  674  training required under s. 282.318(3)(e) and which must be
  675  approved by the state chief information security officer s.
  676  282.318(3)(g). All local government technology professionals and
  677  employees with access to highly sensitive information must
  678  complete the advanced cybersecurity training within 30 days
  679  after commencing employment and annually thereafter.
  680         (b) The Florida Digital Service may provide the
  681  cybersecurity training required by this subsection in
  682  collaboration with the Cybercrime Office and the Cybersecurity
  683  Operations Center within of the Department of Law Enforcement, a
  684  private sector entity, or an institution of the State University
  685  System.
  686         (4) CYBERSECURITY STANDARDS.—
  687         (a) Each local government shall adopt cybersecurity
  688  standards that safeguard its data, information technology, and
  689  information technology resources to ensure availability,
  690  confidentiality, and integrity. The cybersecurity standards must
  691  be consistent with generally accepted best practices for
  692  cybersecurity, including the National Institute of Standards and
  693  Technology Cybersecurity Framework.
  694         (b) Each county with a population of 75,000 or more must
  695  adopt the cybersecurity standards required by this subsection by
  696  January 1, 2024. Each county with a population of less than
  697  75,000 must adopt the cybersecurity standards required by this
  698  subsection by January 1, 2025.
  699         (c) Each municipality with a population of 25,000 or more
  700  must adopt the cybersecurity standards required by this
  701  subsection by January 1, 2024. Each municipality with a
  702  population of less than 25,000 must adopt the cybersecurity
  703  standards required by this subsection by January 1, 2025.
  704         (d) Each local government shall notify the Florida Digital
  705  Service of its compliance with this subsection as soon as
  706  possible.
  707         (5) INCIDENT NOTIFICATION.—
  708         (a) A local government shall provide notification of a
  709  cybersecurity incident or ransomware incident to the
  710  Cybersecurity Operations Center and the, Cybercrime Office
  711  within of the Department of Law Enforcement, the Florida Digital
  712  Service, and the sheriff who has jurisdiction over the local
  713  government in accordance with paragraph (b). The notification
  714  must include, at a minimum, the following information:
  715         1. A summary of the facts surrounding the cybersecurity
  716  incident or ransomware incident.
  717         2. The date on which the local government most recently
  718  backed up its data; the physical location of the backup, if the
  719  backup was affected; and if the backup was created using cloud
  720  computing.
  721         3. The types of data compromised by the cybersecurity
  722  incident or ransomware incident.
  723         4. The estimated fiscal impact of the cybersecurity
  724  incident or ransomware incident.
  725         5. In the case of a ransomware incident, the details of the
  726  ransom demanded.
  727         6. A statement requesting or declining assistance from the
  728  Cybersecurity Operations Center and, the Cybercrime Office
  729  within of the Department of Law Enforcement, the Florida Digital
  730  Service, or the sheriff who has jurisdiction over the local
  731  government.
  732         (b)1. A local government shall report all ransomware
  733  incidents and any cybersecurity incident determined by the local
  734  government to be of severity level 3, 4, or 5 as provided in s.
  735  282.318(5)(g) s. 282.318(3)(c) to the Cybersecurity Operations
  736  Center and, the Cybercrime Office within of the Department of
  737  Law Enforcement, the Florida Digital Service, and the sheriff
  738  who has jurisdiction over the local government as soon as
  739  possible but no later than 48 hours after discovery of the
  740  cybersecurity incident and no later than 12 hours after
  741  discovery of the ransomware incident. The report must contain
  742  the information required in paragraph (a).
  743         2. The Cybersecurity Operations Center shall notify the
  744  President of the Senate and the Speaker of the House of
  745  Representatives of any severity level 3, 4, or 5 incident as
  746  soon as possible but no later than 12 hours after receiving a
  747  local government’s incident report. The notification must
  748  include a high-level description of the incident and the likely
  749  effects.
  750         (c) A local government may report a cybersecurity incident
  751  determined by the local government to be of severity level 1 or
  752  2 as provided in s. 282.318(5)(g) s. 282.318(3)(c) to the
  753  Cybersecurity Operations Center and, the Cybercrime Office
  754  within of the Department of Law Enforcement, the Florida Digital
  755  Service, and the sheriff who has jurisdiction over the local
  756  government. The report must shall contain the information
  757  required in paragraph (a).
  758         (d) The Florida Digital Service Cybersecurity Operations
  759  Center shall provide a consolidated incident report on a
  760  quarterly basis to the President of the Senate, the Speaker of
  761  the House of Representatives, the state chief information
  762  security officer, and the Florida Cybersecurity Advisory
  763  Council. The report provided to the Florida Cybersecurity
  764  Advisory Council may not contain the name of any local
  765  government, network information, or system identifying
  766  information but must contain sufficient relevant information to
  767  allow the Florida Cybersecurity Advisory Council to fulfill its
  768  responsibilities as required in s. 282.319(9).
  769         (6) AFTER-ACTION REPORT.—A local government must submit to
  770  the Cybersecurity Operations Center and the Florida Digital
  771  Service, within 1 week after the remediation of a cybersecurity
  772  incident or ransomware incident, an after-action report that
  773  summarizes the incident, the incident’s resolution, and any
  774  insights gained as a result of the incident. By December 1, 2023
  775  2022, the Florida Digital Service shall collaborate with the
  776  state chief information security officer to establish guidelines
  777  and processes for submitting an after-action report.
  778         Section 4. This act shall take effect July 1, 2023.