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Energy, Communications & Cybersecurity Subcommittee Meeting Packet, March 21, 2023

Summary

A meeting packet for the Energy, Communications & Cybersecurity Subcommittee of the Commerce Committee of The Florida House of Representatives, chaired by Mike Giallombardo, for Tuesday, March 21, 2023, 2:00 pm to 6:00 pm. The agenda lists HB 821 Renewable Energy Cost Recovery by Yeager, HB 1221 Broadband Internet Service Providers by Tomkow, HB 1437 Pub. Rec./Broadband Opportunity Program Information/DEO by Esposito and HB 1511 Cybersecurity by Giallombardo, plus proposed committee substitutes for HB 1025 and HB 1331. The staff analysis of HB 821 describes the Public Service Commission's jurisdiction over rates and service of investor-owned electric and natural gas utilities.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Energy, Communications & Cybersecurity Subcommittee Meeting Packet, March 21, 2023.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-21-3226-energy-communications-cybersecurity-subcommittee-meeti-c02df00e10/, SHA-256 e00f5d90127a54606d9d7cc8016853af458f96b38a0d5874a320f3d69c0ac98a.

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               Energy, Communications &
              Cybersecurity Subcommittee

                   Tuesday, March 21, 2023
                      2:00 pm - 6:00 pm
                     Reed Hall (102 HOB)




                       Meeting Packet




Paul Renner                                  Mike Giallombardo
Speaker                                                  Chair
                    The Florida House of Representatives
                                           Commerce Committee
                    Energy, Communications & Cybersecurity Subcommittee
Paul Renner                                                                                    Mike Giallombardo
Speaker                                                                                                    Chair


                                             Meeting Agenda

                                          Tuesday, March 21, 2023
                                            2:00 pm – 6:00 pm
                                           Reed Hall (102 HOB)

  I.   Call to Order

 II.   Roll Call

III.   Welcome and Opening Remarks

IV.    Consideration of the following bill(s):

       •      HB 821 Renewable Energy Cost Recovery by Yeager

       •      HB 1221 Broadband Internet Service Providers by Tomkow

       •      HB 1437 Pub. Rec./Broadband Opportunity Program Information/DEO by Esposito

       •      HB 1511 Cybersecurity by Giallombardo

       Consideration of the following proposed committee substitute(s):

       •      PCS for HB 1025 -- Government Vehicles

       •      PCS for HB 1331 -- Municipal Utilities

 V.    Closing Remarks

VI.    Adjournment




                   303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                   (850) 717-4870
HB 821
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 821 Renewable Energy Cost Recovery
SPONSOR(S): Yeager
TIED BILLS:       IDEN./SIM. BILLS: SB 1162

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Energy, Communications & Cybersecurity                                           Walsh              Keating
     Subcommittee

  2) State Administration & Technology
     Appropriations Subcommittee

  3) Commerce Committee


                                               SUMMARY ANALYSIS
The Public Service Commission (PSC) has broad jurisdiction over the rates and service of public (investor-
owned) electric and natural gas utilities in Florida. The PSC sets rates for these utilities through various
mechanisms to allow the utilities to recover their legitimate costs of providing service, including a return on the
utility’s prudent capital investments.

Currently, the fuel required by public utilities to provide service in Florida is purchased from competitive
providers in an open market. These purchases, if deemed prudent by the PSC, are passed through to utility
customers with no markup for profit to the utility. With one exception for a pilot project, public utility investments
in fuel production projects are not included in the rates of electric or natural gas public utilities.

Renewable natural gas (RNG) is the gaseous product of the decomposition of organic matter, processed into a
pipeline-quality gas that is fully interchangeable with conventional natural gas. Primary sources of RNG include
landfills, livestock operations, and wastewater treatment facilities. Hydrogen fuel is produced predominantly
from natural gas but can also be produced, at a greater cost, by electrolysis powered by renewable energy.

The bill allows electric and natural gas public utilities to recover through rates:
    The costs of contracts for the purchase of RNG and hydrogen, with pricing above the current market
        value of natural gas, if the PSC finds that the contract promotes the development or use of renewable
        energy resources in the state and provides fuel diversification.
    Prudently-incurred costs for RNG and hydrogen fuel infrastructure projects, including but not limited to:
             o Capital investment in projects necessary to prepare or produce RNG and hydrogen fuel for
                pipeline distribution and usage;
             o Capital investment in facilities, including pipelines, necessary to inject and deliver RNG and
                hydrogen fuel throughout this state;
             o RNG and hydrogen fuel storage facilities;
             o Operation and maintenance expenses associated with any such RNG and hydrogen fuel
                infrastructure projects; and
             o An appropriate return on investment consistent with the return allowed for other utility plants
                used to provide service to customers.

The bill provides for cost recovery of prudent infrastructure project costs through an appropriate mechanism
administered by the PSC.

The bill does not appear to impact state or local government revenues or expenses.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0821.ECC
DATE: 3/19/2023
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Rate Setting for Public Utilities

         The Public Service Commission (PSC) has broad jurisdiction over the rates and service of public
         (investor-owned) electric and natural gas utilities in Florida.1 Under this broad grant of authority, and
         through more specific grants of authority in Chapter 366, F.S., the PSC sets rates for such utilities
         through various mechanisms, each of which is established in a separate administrative proceeding:

                 Base rates (set for electric and natural gas utilities)
                        o Adjusted as needed in a general rate case, conducted through a formal evidentiary
                            hearing for electric utilities and either a formal or informal proceeding for natural gas
                            utilities.2
                        o Designed to recover most operations and maintenance expenses, depreciation expense
                            (recovery of capital investment over time), and a return on capital investment.
                 Fuel and purchased power cost recovery charges (set for electric utilities only)
                        o Adjusted annually through a formal evidentiary hearing.
                        o Designed to recover the costs of fuel and the energy component of wholesale power
                            purchases.
                        o By PSC order, may include recovery of certain capital investments, including a return on
                            investment.
                 Purchased gas adjustment charges (set for natural gas utilities only)
                        o Adjusted annually through a formal evidentiary hearing.
                        o Designed to recover the costs of wholesale natural gas purchases.
                 Capacity cost recovery charges (set for electric utilities only)
                        o Adjusted annually through a formal evidentiary hearing.
                        o Designed to recover costs of the capacity component of wholesale power purchases.
                        o By statute, may include recovery of certain costs related to development of new nuclear
                            power plants, including a return.3
                 Environmental cost recovery charges (set for electric utilities only)
                        o Adjusted annually through a formal evidentiary hearing.
                        o Designed to recover costs to comply with government-mandated environmental
                            standards.
                        o By statute, may include recovery of certain capital investments, including a return on
                            investment.4
                 Storm protection plan cost recovery charges (set for electric utilities only)
                        o Adjusted annually through a formal evidentiary hearing.
                        o Designed to recover costs to implement PSC-approved storm protection plans.
                        o By statute, may include recovery of certain capital investments, including a return on
                            investment.5
                 Energy conservation and efficiency cost recovery charges (set for electric and natural gas
                  utilities)
                        o Adjusted annually through a formal evidentiary hearing.
                        o Designed to recover costs of implementing PSC-approved energy conservation and
                            efficiency programs.

1See, e.g., ss. 366.01, 366.04(1), 366.041, 366.05(1), and 366.06, F.S.
2 A natural gas utility or a public electric utility whose annual sales to end -use customers amount to less than 1,000 gigawatt hours may

request that the PSC process the utility’s petition for rate relief using an informal “proposed agency action” procedur e. S. 366.06(4),
F.S.
3 S. 366.93, F.S.
4 S. 366.8255, F.S.
5 S. 366.96, F.S.

STORAGE NAME: h0821.ECC                                                                                                             PAGE: 2
DATE: 3/19/2023
          As required by law, the PSC sets base rates to allow utilities to recover their legitimate costs of
          providing service (not otherwise recovered through another cost recovery mechanism), including a
          return on the utility’s prudent capital investments (“rate base”). 6 In each rate case, the PSC sets a
          “reasonable” rate of return on equity for each utility to apply to its rate base. This rate is typically
          applied to the utility’s investments that the PSC allows to be recovered through cost recovery
          mechanisms other than base rates.

          Currently, the fuel required by public utilities to provide service in Florida is purchased from competitive
          providers in an open market. As noted above, public utilities recover their fuel costs through one of two
          mechanisms; electric public utilities recover their fuel costs through fuel and purchased power cost
          recovery charges, and natural gas public utilities recover their wholesale natural gas costs through
          purchased gas adjustment charges. The PSC determines the prudence of a utility’s fuel costs largely
          by determining whether the utility contracted for fuel on reasonable terms based on what was known or
          should have been known by purchasers in the market at that time. These costs are passed through to
          utility customers with no markup for profit to the utility.

          With one exception, public utility investments in fuel production projects are not included in the rates of
          electric or natural gas public utilities. In 2021, the PSC approved a comprehensive Stipulation and
          Settlement Agreement to resolve a pending proceeding to set base rates for Florida Power & Light
          Company (FPL). Among other things, the settlement authorized FPL to implement a “Green Hydrogen”7
          pilot project to evaluate how its combustion turbine units operate with a hydrogen fuel mix and learn
          how a hydrogen fuel production facility can be effectively used on-site with combustion turbine units.
          The project uses energy from a solar-powered facility to convert water into green hydrogen through
          electrolysis, which will then be burned as fuel in a nearby FPL natural-gas powered generator. The
          settlement allowed FPL to include in its base rates estimated costs of $65 million for the project.8

          Renewable Energy

          Florida law provides that it is in the public interest to promote the development of renewable energy
          resources to help diversify fuel types for electric production, minimize the volatility of fuel costs,
          encourage investment within the state, improve environmental conditions, and make Florida a leader in
          new and innovative technologies.9 The law defines renewable energy as energy produced from a
          method that uses one or more of the following fuels or energy sources: hydrogen produced or resulting
          from sources other than fossil fuels, biomass, solar energy, geothermal energy, wind energy, ocean
          energy, and hydroelectric power.10

          Hydrogen

          Hydrogen can be produced using a process called electrolysis, which splits water into hydrogen and
          oxygen.11 When renewable energy is used as the source of electricity to power an electrolyzer, 12 the
          resulting hydrogen can result in zero greenhouse gas emissions 13 and is referred to as green hydrogen.
          Electrolyzers range in size, varying from small appliance-sized units to larger-scale central production
          facilities that can be tied directly to renewable forms of electricity production to power the unit. 14


6 Ss. 366.041(1) and 366.06(1), F.S.
7
    See Hydrogen, below.
8 Order No. PSC -2021-0446-S-EI, issued December 2, 2021, in PSC Docket No. 20210015.
9 S. 366.91, F.S.
10 S. 366.91(2)(e), F.S. The term also includes waste heat from sulfuric acid manufacturing operations and electrical energy pro duced

using pipeline-quality synthetic gas produced from waste petroleum coke with carbon capture and sequestration.
11 Id.
12 The process of electrolysis uses an electrolyzer, which is a system that uses electricity to break water into hydrogen and oxygen .

Cummins, Inc., Electrolyzers 101: What They Are, How They Work, and Where They fit in a Green Economy,
https://www.cummins.com/news/2020/11/16/electrolyzers -101-what-they-are-how-they-work-and-where-they-fit-green-economy (last
visited Mar. 18, 2023).
13 Office of Energy Efficiency & Renewable Energy, Hydrogen Production: Electrolysis, U.S. Department of Energy,

https://www.energy.gov/eere/fuelcells/hydrogen-production-electrolysis (last visited Mar. 18, 2023).
14 Id.

STORAGE NAME: h0821.ECC                                                                                                         PAGE: 3
DATE: 3/19/2023
         Some alternative methods of producing hydrogen, mainly grey hydrogen15 and blue hydrogen,16 use
         methane or coal to power the production process.17 Another alternative method of producing hydrogen,
         turquoise hydrogen, uses methane through the process of pyrolysis, which creates a reaction to
         generate hydrogen and solid carbon, which means that there are no carbon dioxide emissions
         associated with the reaction.18, 19

         The vast majority of hydrogen is currently produced using fossil fuels, mostly natural gas. Overall, less
         than 0.7% of current hydrogen production utilizes renewable energy. 20 The production cost of green
         hydrogen must significantly decrease for it to be competitive with more mature carbon-based pathways
         of energy production.21 In 2022, the Legislature created a sales tax exemption for the purchase of
         certain machinery and equipment used in the production and handling of green hydrogen. 22

         Renewable Natural Gas

         Renewable natural gas (RNG) is the gaseous product of the decomposition of organic matter,
         processed into a pipeline-quality gas that is fully interchangeable with conventional natural gas. Primary
         sources of RNG include landfills, livestock operations, and wastewater treatment facilities. 23

         In 2021, the Legislature added the term “renewable natural gas” to Florida law and defined it as
         “anaerobically generated biogas, landfill gas, or wastewater treatment gas refined to a methane content
         of 90 percent or greater which may be used as a transportation fuel or for electric generation or is of a
         quality capable of being injected into a natural gas pipeline.” The legislation authorizes the PSC to
         approve cost recovery for the purchase of RNG by natural gas public utilities, even if pricing exceeds
         the current market price of natural gas, if the PSC deems the purchase to be reasonable and prudent.24
         The law does not indicate what the PSC must consider in determining the reasonableness and
         prudence of an above-market RNG purchase.




15 Grey hydrogen is traditionally produced from methane that is split with steam into carbon dioxide and hydrogen.
16 Blue hydrogen production follows the same process as grey hydrogen production, but also includes the technology necessary to

capture the carbon dioxide produced when hydrogen is split from methane.
17
   Despite the colorful names used for the different ways hydrogen is produced, the gas itself is invisible t o the human eye. National
Grid, Energy Explained – Hydrogen Colour Spectrum , https://www.nationalgrid.com/stories/energy-explained/hydrogen-colour-spectrum
(last visited Mar. 19, 2023)
18 Rachel Meidl & Kenneth Medlock, The Advanced Carb on Economy: A Sustainab le Hydrogen Pathway, Rice University’s Baker

Institute for Public Policy, Jun. 22, 2021, p. 3, available at https://www.bakerinstitute.org/media/files/files/ec39c09c/bi -brief-062221-ces-
carbonecon-4.pdf (last visited Mar. 18, 2023).
19 When utilizing pyrolysis to produce turquoise hydrogen, the reaction does produce a solid carbon by-product that can be used in

applications ranging from construction to farming. Id.
20 Florida Public Service Commission, Agency Analysis of HB 821, p. 2 (Mar. 14, 2023).
21 Office of Energy Efficiency & Renewable Energy, supra note 13.
22 S. 23, ch. 2022-97, Laws of Fla., codified at s. 212.08(7)(ppp), F.S.
23 Office of Energy Efficiency & Renewable Energy, Alternative Fuels Data Center – Renewab le Natural Gas Production, U.S.

Department of Energy, https://afdc.energy.gov/fuels/natural_gas_renewable.html (last visited Mar. 18, 2023).
24 Ch. 2021-178, Laws of Fla., codified at s. 366.91(2)(f) and (9), F.S.

STORAGE NAME: h0821.ECC                                                                                                              PAGE: 4
DATE: 3/19/2023
       Effect of the Bill

       The bill allows electric and natural gas public utilities to recover through rates:

              The costs of contracts for the purchase of RNG and hydrogen, with pricing above the current
               market value of natural gas, if the PSC finds that the contract promotes the development or use
               of renewable energy resources in the state and provides fuel diversification.
              Prudently-incurred costs for RNG and hydrogen fuel infrastructure projects, including but not
               limited to:
                    o Capital investment in projects necessary to prepare or produce RNG and hydrogen fuel
                        for pipeline distribution and usage;
                    o Capital investment in facilities, including pipelines, necessary to inject and deliver RNG
                        and hydrogen fuel throughout this state;
                    o RNG and hydrogen fuel storage facilities;
                    o Operation and maintenance expenses associated with any such RNG and hydrogen fuel
                        infrastructure projects; and
                    o An appropriate return on investment consistent with the return allowed for other utility
                        plants used to provide service to customers.

       For RNG and hydrogen fuel infrastructure projects, the bill allows cost recovery through an appropriate
       mechanism administered by the PSC. The bill provides that the costs of these infrastructure projects
       deemed prudent by the PSC are not subject to disallowance or further prudence review except for
       fraud, perjury, or intentional withholding of key information by the public utility. The bill also provides
       that, for purposes of cost recovery for these infrastructure projects, RNG may include a mixture of RNG
       and natural gas.

       The bill provides an effective date of July 1, 2023.

   B. SECTION DIRECTORY:
       Section 1.     Amends s. 366.91, F.S., relating to renewable energy.

       Section 2.     Provides an effective date.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None. See Fiscal Comments.

       2. Expenditures:
           None.


   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

STORAGE NAME: h0821.ECC                                                                                    PAGE: 5
DATE: 3/19/2023
         Public utilities that are permitted by the PSC to recover the costs of RNG or hydrogen fuel infrastructure
         projects will expand the base upon which they earn a return on investment. Owners of assets from
         which RNG may be produced will realize additional revenue streams.

         To the extent that the cost to produce and transport renewable natural gas from an RNG infrastructure
         project is more expensive over a project’s lifetime than the production and transport of natural gas from
         other sources would have been, customers of public utilities will pay higher rates than they would
         otherwise have paid. To the extent that the cost to produce and transport hydrogen fuel from a
         hydrogen fuel production infrastructure project is more expensive over a project’s lifetime than the cost
         of fuel it replaces (e.g., natural gas), customers of public utilities will pay higher rates than they
         otherwise would have paid. The bill does not require a showing of net benefits to utility customers.

    D. FISCAL COMMENTS:
         If new RNG or hydrogen fuel infrastructure projects are subject to local property taxes, the bill may
         create additional revenues for the local government jurisdictions in which those facilities are located, if
         sited within Florida.


                                                            III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
            Not Applicable. The bill does not appear to affect county or municipal governments.

         2. Other:
            None.

    B. RULE-MAKING AUTHORITY:
         The bill does not authorize or require agency rulemaking.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
         Currently, the fuel required by public utilities to provide service in Florida is purchased from competitive
         providers in an open market. The PSC determines the prudence of a utility’s fuel costs largely by
         determining whether the utility contracted for fuel on reasonable terms based on what was known or
         should have been known by purchasers in the market at that time. These costs are passed through to
         utility customers with no markup for profit to the utility. Fuel production by a public utility is not required
         for the utility to provide service to its customers.

         The bill allows a public utility to recover through customer rates its prudently-incurred costs for certain
         fuel production infrastructure, expanding the types of investments upon which a monopoly utility may
         earn a return through customer rates. The bill does not provide guidance for the PSC in determining
         whether projects of this type, which have not previously been approved for cost recovery 25 – aside from
         one green hydrogen pilot project included as part of a comprehensive rate case settlement – are
         prudent. To the extent that a project is not expected to result in benefits to customers, it is not clear
         whether the PSC may consider other factors that would allow it to make a prudence determination.

         As drafted, the bill does not require that RNG or hydrogen infrastructure projects be sited within Florida
         or that the fuel produced by such projects be used in the provision of utility services in the state. The bill
         also does not place any limits on the volume of RNG or hydrogen fuel infrastructure projects for which

25 In 2016, the Florida Supreme Court overturned a PSC order approving cos t recovery, including a profit, for an electric utility’s

participation in a joint venture to produce natural gas in another state, finding that the PSC’s authority to set rates exten ds only to costs
arising from the generation, transmission, or distribution of electricity in the state and that whether “cost recovery of speculative capital
investments in gas exploration and production by an electric utility is in the public interest is a policy determination that must be made
by the Legislature.” Citizens of the State of Florida v Art Graham , 191 So. 3d 897, (Fla. 2016).
STORAGE NAME: h0821.ECC                                                                                                                PAGE: 6
DATE: 3/19/2023
       cost recovery may be approved by the PSC. While it may be assumed that the PSC will consider these
       criteria in a prudence review, the bill could be clarified to indicate whether these criteria apply.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0821.ECC                                                                              PAGE: 7
DATE: 3/19/2023
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           HB 821                                                                                                2023




    1                                          A bill to be entitled
    2               An act relating to renewable energy cost recovery;
    3               amending s. 366.91, F.S.; revising the types of
    4               contracts which are eligible for cost recovery by a
    5               public utility under certain circumstances;
    6               authorizing a public utility to recover prudently
    7               incurred renewable natural gas and hydrogen fuel
    8               infrastructure project costs through the appropriate
    9               Public Service Commission cost-recovery mechanism;
10                  providing that such costs prudently incurred are not
11                  subject to further actions except under certain
12                  circumstances; specifying eligible renewable natural
13                  gas and hydrogen fuel infrastructure projects;
14                  providing an effective date.
15
16         Be It Enacted by the Legislature of the State of Florida:
17
18                  Section 1.         Subsection (9) of section 366.91, Florida
19         Statutes, is amended, and subsection (10) is added to that
20         section, to read:
21                  366.91        Renewable energy.—
22                  (9)         The commission may approve cost recovery by a gas
23         public utility for Contracts for the purchase of renewable
24         natural gas and hydrogen in which the pricing provisions exceed
25         the current market price of natural gas are eligible for cost

                                                         Page 1 of 3

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0821-00
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        HB 821                                                                                                2023




26      recovery, but only if which are otherwise deemed reasonable and
27      prudent by the commission finds that the contract meets the
28      overall goals of subsection (1) by promoting the development or
29      use of renewable energy resources in this state and providing
30      fuel diversification.
31               (10)        A public utility may recover, through the appropriate
32      cost-recovery mechanism administered by the commission,
33      prudently incurred costs for renewable natural gas and hydrogen
34      fuel infrastructure projects. If the commission determines that
35      such costs were prudently incurred, those costs are not subject
36      to disallowance or further prudence review except for fraud,
37      perjury, or intentional withholding of key information by the
38      public utility. For purposes of this subsection for utility cost
39      recovery only, renewable natural gas may include a mixture of
40      natural gas and renewable natural gas. Eligible renewable
41      natural gas and hydrogen fuel infrastructure projects include,
42      but are not limited to, capital investment in projects necessary
43      to prepare or produce renewable natural gas and hydrogen fuel
44      for pipeline distribution and usage; capital investment in
45      facilities, including pipelines, necessary to inject and deliver
46      renewable natural gas and hydrogen fuel throughout this state;
47      renewable natural gas and hydrogen fuel storage facilities;
48      operation and maintenance expenses associated with any such
49      renewable natural gas and hydrogen fuel infrastructure projects;
50      and an appropriate return on investment consistent with that

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        HB 821                                                                                                2023




51      allowed for other utility plants used to provide service to
52      customers.
53               Section 2.        This act shall take effect July 1, 2023.




                                                      Page 3 of 3

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0821-00
        Energy, Communications & Cybersecurity Subcommittee
                      HB 821 by Rep. Yeager
                  Renewable Energy Cost Recovery

                             AMENDMENT SUMMARY
                                March 21, 2023


Amendment 1 by Rep. Yeager (strike-all):

   •   Specifies factors that the Public Service Commission (PSC) may consider in
       determining whether a public utility contract for the purchase of renewable
       natural gas (RNG) or hydrogen fuel is in the public interest.
   •   Specifies factors that the Public Service Commission (PSC) must consider in
       determining whether a public utility’s RNG or hydrogen fuel infrastructure project
       is in the public interest.
   •   Clarifies that an eligible RNG or hydrogen fuel infrastructure project must be
       located in Florida.
   •   Specifies that costs incurred by a public utility for an RNG or hydrogen fuel
       infrastructure project approved for cost recovery shall not be allowed until the
       facility is placed in service.
   •   Requires an annual report from the PSC to provide information related to
       approved RNG and hydrogen fuel infrastructure projects.
   •   Provides for repeal on June 30, 2028, unless reviewed and saved by the
       Legislature; allows for continued recovery of previously approved costs after the
       repeal date.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 821   (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Energy, Communications &
 2     Cybersecurity Subcommittee
 3     Representative Yeager offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove everything after the enacting clause and insert:
 7          Section 1.     Subsection (9) of section 366.91, Florida
 8     Statutes, is amended, and subsection (10) is added to that
 9     section, to read:
10          366.91   Renewable energy.—
11          (9)    The commission may approve cost recovery by a gas
12     public utility for A public utility contracts for the purchase
13     of renewable natural gas or hydrogen fuel in which the pricing
14     provisions exceed the current market price of natural gas is
15     eligible for cost recovery, but only if which are otherwise
16     deemed reasonable and prudent by the commission finds, that the
     349417 - h0821-strike.docx
      Published On: 3/20/2023 8:42:12 PM
                                    Page 1 of 6
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 821   (2023)
       Amendment No. 1


17     contract provides net benefits to the public utility and its
18     customers and is therefore in the public interest. In making
19     this determination, the commission may consider the contract’s
20     impact on the overall diversity of the public utility’s natural
21     gas commodity supply or other fuel supply, the potential to
22     reduce the impact of volatility in the natural gas commodity
23     market upon the public utility and its customers, any
24     reliability benefits associated with the in-state production of
25     these fuel supplies, and the public utility’s cost of fuel.
26          (10)(a)     A public utility may petition the commission for
27     approval to recover costs prudently incurred for a renewable
28     natural gas or hydrogen fuel infrastructure project at a
29     location in Florida for use in providing utility service within
30     this state.
31          (b)    In its review of a petition filed pursuant to this
32     subsection, the commission shall consider:
33          1.    The estimated volume and reliability of renewable
34     natural gas or hydrogen fuel that the project will produce for
35     use by the public utility, and the comparative cost of the same
36     volume of volume of natural gas purchases;
37          2.    The estimated rate impact of the project over time,
38     including estimated savings, if any, to the public utility and
39     its customers;
40          3.    The service and reliability benefits to be derived from
41     the project;
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 821     (2023)
       Amendment No. 1


42          4.    The proposed mechanism for recovery of project costs;
43          5.    The impact of the project on fuel diversity in this
44     state and fuel cost volatility; and
45          6.    Any other matter deemed relevant by the commission.
46          (c)1.    Upon consideration of all matters specified in
47     paragraph (b), the commission shall determine whether , and the
48     extent to which, approval for recovery of project costs from the
49     public utility’s ratepayers provides net benefits to the state
50     and is therefore in the public interest.
51          2.    If the commission approves recovery of project costs,
52     in whole or in part, the commission shall determine the
53     appropriate mechanism for recovery of such costs. Appropriate
54     mechanisms may include an existing cost recovery mechanism, not
55     excluding base rates, or a new cost recovery mechanism
56     established by the commission.
57          3.    Costs approved by the commission are not subject to
58     disallowance or further prudence review except for fraud,
59     perjury, or intentional withholding of material information by
60     the public utility.
61          (d)     Costs of renewable natural gas and hydrogen fuel
62     infrastructure projects that are eligible for recovery under
63     this subsection include:
64          1.    Capital investment in projects necessary to prepare or
65     produce renewable natural gas or hydrogen fuel for pipeline
66     distribution and usage;
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 821   (2023)
       Amendment No. 1


67           2.    Capital investment in facilities, including pipelines,
68     necessary to inject into pipelines, and deliver for utility use,
69     renewable natural gas or hydrogen fuel throughout this state;
70           3.    Renewable natural gas and hydrogen fuel storage
71     facilities;
72           4.    Operation and maintenance expenses associated with such
73     renewable natural gas and hydrogen fuel infrastructure projects;
74     and
75           5.    An appropriate return on investment consistent with th e
76     utility’s authorized return on investment for other utility
77     plants used to provide service to customers.
78           (e)    Recovery of costs incurred by a public utility for a
79     renewable natural gas or hydrogen fuel infrastructure project
80     approved for cost recovery under this section shall not be
81     allowed until such facility is placed in service. Upon approval
82     of cost recovery by the commission, costs incurred prior to the
83     facility being placed in service may be deferred on the public
84     utility’s books for recovery once the facility is in service.
85     This shall not preclude application of any other appropriate
86     regulatory accounting rules that are otherwise deemed
87     appropriate, including but not limited to, normal recovery of
88     costs for construction work in progress.
89           (f)    Beginning January 1, 2025, the commission must
90     annually submit a report to the Governor, the President of the
91     Senate, and the Speaker of the House of Representatives
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 821   (2023)
        Amendment No. 1


 92     indicating, for the 12-month reporting period and cumulatively:
 93     the investment made in such infrastructure projects ; the
 94     eligible costs incurred and the amount of such costs recovered;
 95     the volume of renewable natural gas or hydrogen fuel used to
 96     provide utility service; and an analysis of the price of
 97     renewable natural gas or hydrogen fuel used to provide utility
 98     service as compared to the market cost of gas, including actual
 99     rate impacts of such projects.
100          (g)   This subsection shall stand repealed on June 30, 20 28,
101     unless reviewed and saved from repeal by the Legislature. A
102     public utility may continue to recover eligible costs of
103     renewable natural gas or hydrogen fuel infrastructure projects
104     approved prior to June 30, 2028, under this subsection as being
105     in the public interest.
106          (h)   The commission may adopt rules to implement and
107     administer this section.
108
109
110           -----------------------------------------------------
111                        T I T L E   A M E N D M E N T
112          Remove everything before the enacting clause and insert:
113     An act relating to renewable energy cost recovery; amending s.
114     366.91, F.S.; revising the types of contracts which are eligible
115     for cost recovery by a public utility under certain
116     circumstances; authorizing a public utility to recover prudently
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                                                    Bill No. HB 821   (2023)
        Amendment No. 1


117     incurred renewable natural gas and hydrogen fuel infrastructure
118     project costs approved by the Public Service Commission;
119     establishing criteria for consideration by the Public Service
120     Commission; establishing terms for cost recovery; specifying
121     eligible renewable natural gas and hydrogen fuel infrastructure
122     projects; requiring an annual report; providing for repeal on
123     June 30, 2028, unless reviewed and saved from repeal by the
124     Legislature; providing an effective date.




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HB 1221
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1221 Broadband Internet Service Providers
SPONSOR(S): Tomkow
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 626

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Energy, Communications & Cybersecurity                                           Keating            Keating
     Subcommittee

  2) State Administration & Technology
     Appropriations Subcommittee

  3) Commerce Committee


                                                SUMMARY ANALYSIS
Rural electric cooperatives are electric utilities owned by their customer-members and located primarily in rural
areas where, at least historically, the economics of building or installing electrical infrastructure has not
attracted investment. To promote economic development, a cooperative in Florida may provide any energy or
nonenergy services to its membership. Currently, five of Florida’s 18 rural electric cooperatives are engaged in
or developing broadband service for their members. Both the state and federal government offer grant funds to
entities seeking to expand broadband Internet service into unserved areas.

The term pole attachment refers to the process by which communications services providers can place
communications infrastructure on existing electric utility poles. Rules governing pole attachments seek to
balance the desire to maximize value for users of both electric and communications services with concerns
unique to electric utility poles, such as safety and reliability. Since 2021, the Public Service Commission (PSC)
has had the authority to regulate and enforce rates, charges, terms, and conditions for pole attachments to
ensure that they are just and reasonable. No party yet has initiated proceedings at the PSC under this
authority. Attachments to poles owned by rural electric cooperatives are, and have historically been, exempt
from regulation.

The bill provides explicit authority for rural electric cooperatives in Florida to provide specified communications
services in the following circumstances:
    The cooperative provides broadband Internet service directly or in partnership with a third party; or
    The cooperative receives broadband grant funding pursuant to the Florida Broadband Opportunity
        Program or from any other federal or state program offering grants to expand broadband Internet
        service to unserved areas of the state.

Under the bill, if a cooperative provides a communications service under these terms, all poles owned by the
cooperative are subject to the PSC’s pole attachment regulations on the same terms as poles owned by
investor-owned electric utilities. Thus, the financial and legal responsibilities of parties to rural electric
cooperative pole attachment arrangements may substantially change depending on the PSC’s implementation
of its authority over pole attachment rates, charges, terms, and conditions.

The bill does not impact state or local government revenues or local government expenditures. The bill may
increase state government expenditures, but the PSC has indicated that it can handle the expected increased
workload with existing resources.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1221.ECC
DATE: 3/19/2023
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Regulation of Pole Attachments

         The term pole attachment refers to the process by which communications services providers can place
         communications infrastructure on existing electric utility poles. This reduces the number of poles that
         must be built to accommodate utility and communications services, while reducing costs to users of
         both services by allowing providers to share costs. Rules governing pole attachments seek to balance
         the desire to maximize value for users of both electric and communications services with concerns
         unique to electric utility poles, such as safety and reliability. 1 The space requested for a pole
         attachment is typically one foot.

         Pole attachments, originally by mutual agreement but later by federal statute and regulation, provide
         non-pole-owning cable and telecommunication service providers with access to a utility’s distribution
         poles, conduits, and ROW for:
              Installing fiber, coaxial cable or wires, and other equipment;
              Building an interconnected network; and
              Reaching customers.2

         Congress began regulating pole attachments 3 in 1978.4 The Telecommunications Act of 19965 (the Act)
         expanded pole attachment rights to telecommunications 6 carriers. The Act requires utilities 7 to provide
         nondiscriminatory access to cable television systems and telecommunications carriers. The Act also
         authorizes the Federal Communications Commission8 (FCC) to regulate the rates, terms, and
         conditions of attachments by cable television operators to the poles, conduit, or ROW owned or
         controlled by utilities in the absence of parallel state regulation. 9 The Legislation withheld from FCC
         jurisdiction the authority to regulate attachments where the utility is a railroad, cooperatively organized,
         or owned by a government entity.10 Thus, federal pole attachment regulations apply only to investor-
         owned electric utilities (IOUs). Municipal and cooperative electric utilities are specifically exempted from
         federal pole attachment regulations.

         The Act permits utilities to deny access where there is insufficient capacity and for reasons of safety,
         reliability or generally applicable engineering purposes. In addition to establishing a right of access, the
         Act provides a rate methodology for “attachments used by telecommunications carriers to provide

1 American Public Power Association, Issue Brief: Preserving the Municipal Exemption from Federal Pole Attachment Regulations (Jan.

2021) https://www.publicpower.org/policy/preserving-municipal-exemption-federal-pole-attachment-regulations (last visited Mar. 13,
2021).
2 Edison Electric Institute, Pole Attachments 101, https://ecfsapi.fcc.gov/file/7020708245.pdf (last visited Ma r. 13, 2021).
3
  47 U.S.C. § 224(a)(4), defines ‘‘pole attachment’’ as “any attachment by a cable television system or provider of telecommuni cations
service to a pole, duct, conduit, or right-of-way owned or controlled by a utility.”
4 The Pole Attachment Act of 1978 granted utility pole access to cable companies, and was designed to promote utility competition and

service to the public. Communications Act Amendments of 1978, Pub. L. No. 95 -234. (Feb. 21, 1978).
5 Telecommunications Act of 1996, Pub. LA. No. 104-104, 110 Stat. 56 (1996).
6
  The term “telecommunications” means the transmission, between or among points specified by the user, of information of the us er’s
choosing, without change in the form or content of the information as sent and received. 47 U.S.C. § 153(50).
7 47 U.S.C. § 224(a)(1), defines ‘‘utility’’ as “any person who is a local exchange carrier or an electric, gas, water, steam, or other public

utility, and who owns or controls poles, ducts, conduits, or rights -of-way used, in whole or in part, for any wire communications. Such
term does not include any railroad, any person who is cooperatively organized, or any person owned by the Federal Government or any
State.”
8 The FCC regulates interstate and international communications by radio, television, wire, satellite and cable in all 50 states, the

District of Columbia and U.S. territories. An independent U.S. government agency overseen by Congress, the FCC is the United States'
primary authority for communications law, regulation and technological innovation. FCC, What We Do, https://www.fcc.gov/about-
fcc/what-we-do (last visited Mar 19, 2023).
9 47 U.S.C. § 224.
10 In the Matter of Implementation of Section 224 of the Act- A Nat'l Broadb and Plan for Our Future, 26 F.C.C. Rcd. 5240, 5245–46

(2011)
STORAGE NAME: h1221.ECC                                                                                                              PAGE: 2
DATE: 3/19/2023
         telecommunications services”11 in addition to the existing methodology for attachments “used by a
         cable television system solely to provide cable service.12

         Federal law broadly preempts the regulation of telecommunications services. 13 However, federal law
         allows states to exercise reverse preemption over the FCC’s jurisdiction of communications
         infrastructure access,14 meaning that once a state adopts its own utility pole access rules, the FCC
         loses jurisdiction over pole attachments to the extent that the state regulates such matters. 15

         Pursuant to section 224(c) of the Act16, each state that regulates the rates, terms, and conditions for
         pole attachments must certify to the FCC that:
              It regulates such rates, terms, and conditions; and
              In so regulating such rates, terms, and conditions, the state has the authority to consider and
                 does consider the interests of the subscribers of the services offered via such attachments, as
                 well as the interests of the consumers of the utility services provided by the pole owners.

         Furthermore, a state is not considered to regulate the rates, terms, and conditions for pole attachments:
              Unless the state has issued and made effective rules and regulations implementing the state's
                regulatory authority over pole attachments; and
              With respect to any individual matter, unless the state takes final action on a complaint
                regarding such matter:
                   o Within 180 days after the complaint is filed with the state, or
                   o Within the applicable period prescribed for such final action in such rules and regulations
                        of the state, if the prescribed period does not extend beyond 360 days after the filing of
                        such complaint.

         In Florida

         In 2021, Florida exercised its power under the Act to assert reverse preemption over the FCC’s
         regulation of pole attachments, directing the Florida Public Service Commission (PSC) to regulate and
         enforce rates, charges, terms, and conditions for pole attachments, and to ensure that they are just and
         reasonable. Accordingly, Florida law requires the PSC to adopt rules to administer its new regulatory
         authority and, in doing so, to consider the interests of the subscribers and users of the services offered
         through pole attachments, as well as the interests of the consumers of any pole owner providing such
         attachments.17 Florida law maintains the federal regulatory exemption for attachments to poles owned
         by government-owned or cooperative electric utilities.

         Florida law provides that the Legislature’s intent is to encourage parties to enter into voluntary pole
         attachment agreements and provides that it may not be construed to prevent parties from voluntarily
         entering into such agreements without PSC approval. The law requires the PSC to hear and resolve
         complaints concerning rates, charges, terms, conditions, voluntary agreements, or any denial of access
         relative to pole attachments. The law specifies that a party's right to nondiscriminatory access to a pole
         is identical to the rights afforded under section 224(f)(1) of the Act,18 and that a pole owner may deny
         access to its poles on a nondiscriminatory basis when there is insufficient capacity, for reasons of
         safety and reliability, and when required by generally applicable engineering purposes. A pole owner
         must consider relevant construction and reliability standards approved by the PSC when evaluating
         capacity, safety, reliability, and engineering requirements.

11 47 U.S.C. § 224(e).
12 47 U.S.C. § 224(d).
13 “No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohi biting the

ability of any entity to provide any interstate or intrastate telecommunications service.” 47 U.S.C. § 253(a).
14 47 U.S.C. § 224(c)(1).
15 Catherine J.K. Sandoval, Contested Places, Utility Pole Spaces: A Competition and Safety Framework for Analyzing Utility Pole

Association Rules, Roles, and Risks, 69 Cath. U. L. Rev. 473, 486–87 (2020).
16 47 U.S.C. § 224(c)
17 Ch. 2021-191, Laws of Fla., codified at s. 366.04(8), F.S.
18 47 U.S.C. s. 224(f)(1) provides for nondiscriminatory access to any pole, duct, conduit, or right-of-way owned or controlled by a utility,

subject to denial, on a nondiscriminatory basis, only on the grounds of insufficient pole capacity or for safety, reliability, or other
engineering purposes.
STORAGE NAME: h1221.ECC                                                                                                                PAGE: 3
DATE: 3/19/2023
         Under Florida law, FCC precedent is not binding upon the PSC. However, the bill requires the PSC to
         apply the decisions and orders of the FCC and related appellate court decisions when determining just
         and reasonable pole attachment rates, terms and conditions unless a pole owner or attaching entity
         establishes by competent substantial evidence that an alternative cost-of-service based pole
         attachment rate is appropriate and in the public interest.

         To help establish precedent on the establishment of pole attachment rates and guide negotiations
         toward voluntary pole attachment agreements, Florida law authorizes any pole owner or attaching
         entity to participate in the first five formal administrative proceedings conducted by the PSC to
         determine pole attachment rates. After the fifth such formal administrative proceeding is concluded by
         final order, parties to subsequent pole attachment rate proceedings are limited to the specific pole
         owner and pole attaching entities involved in and directly affected by the specific pole attachment rate.
         Currently, no party has initiated a pole attachment proceeding at the PSC.

         Rural Electric Cooperatives

         Rural electric cooperatives are electric utilities that are owned by their consumer-members. These
         private companies are generally nonprofit, with their principal purpose being to deliver electrical service
         to their members. Rural electric cooperatives are mostly located in rural areas where, at least
         historically, the return on investment for building or installing electrical infrastructure was not enough for
         investor-owned utilities to want to service them.19

         Historically, rural homes, farms, and businesses were some of the last places to electrify in the United
         States (U.S.). By the mid-1930’s, 90 percent of U.S. urban homes were electrified, 20 however, the
         opposite was true in rural areas—only one out of 10 rural homes had electric service.21 This lack of
         electrical service deeply limited economic development in rural areas of the country. Despite this
         impact, the costs to electrify most rural areas were usually prohibitive and often thought not
         economically feasible.22 In the limited areas where rural electric power was available, often the prices
         paid by such consumers were far higher than those paid by their urban counterparts.

         In 1935, Executive Order 7037, issued by President Franklin Roosevelt, created the Rural
         Electrification Administration (REA). One year later, Congress passed the Rural Electrification Act (Pub.
         L. 74–605), codifying the REA and creating a loan program to encourage the growth of rural
         electrification. Even with these available federal loans, established investor-owned utilities did not have
         much interest in building rural systems. However, there was significant interest from farmer-based
         electric cooperatives.23 By 1939, with assistance from REA funds, 413 rural electric cooperatives had
         been established in the U.S.,24 and by 1950, 80 percent of U.S. farms had electric service. 25

         During a reorganization of the United States Department of Agriculture (USDA) in 1994, the REA was
         replaced with the Rural Utilities Service, which still exists today. 26 According to the National Rural
         Electric Cooperative Association (NRECA), now over 99 percent of U.S. farms have electrical service. 27
         Rural electric cooperatives continue to be the most prevalent way for consumers in rural areas to obtain
         electrical service.28

19 University of Wisconsin Center for Cooperatives, Research on the Economic Impact of Cooperatives,

https://reic.uwcc.wisc.edu/electric/ (last visited Mar. 19, 2023).
20
   Id.
21 National Rural Electric Cooperative Association, History, https://www.electric.coop/our-organization/history (last visited Mar. 19,

2023).
22 United States Department of Agriculture, Celeb rating the 80th Anniversary of the Rural Electrification Administration , Feb. 21, 2017,

https://www.usda.gov/media/blog/2016/05/20/celebrating-80th-anniversary-rural-electrification-administration (last visited Mar.19,
2023).
23 National Rural Electric Cooperative Association, History, supra note 22.
24 University of Wisconsin Center for Cooperatives , supra note 20.
25 Celeb rating the 80th Anniversary of the Rural Electrification Administration, supra note 23.
26 University of Wisconsin Center for Cooperatives , supra note 20.
27 National Rural Electric Cooperative Association, History, supra note 22.
28 United States Energy Information Administration, Today in Energy: August 15, 2019,

https://www.eia.gov/todayinenergy/detail.php?id=40913.
STORAGE NAME: h1221.ECC                                                                                                            PAGE: 4
DATE: 3/19/2023
         As of 2019, rural electric cooperatives in the U.S. averaged 7.98 customers per mile of line, as
         compared with 32.4 customers per mile of line for the rest of the electricity industry. In addition, while
         rural electric cooperatives have ownership of 42 percent of U.S. electricity distribution lines, their
         electricity sales only represent 12 percent of the nation’s overall sales. Rural electric cooperatives have
         a different customer mix as well. For rural electric cooperatives, 53 percent of their customers are
         residential, with the remainder being commercial, industrial, and transportation customers —which
         generally have much higher energy consumption. For the U.S. electric industry at-large, the percentage
         of residential customers is 38 percent.29

         These factors lead to rural electric cooperatives receiving significantly less revenue per dollar of capital
         investment in distribution. Rural electric cooperatives’ average revenue for mile of distribution line is
         $19,135 (versus $79,298 for the rest of the electricity industry) and their cost of distribution plant per
         customer is $4,219 (versus $3,698).30 Thus, on a per customer basis, the distribution of electric power
         in rural areas is higher versus the rest of the industry.

         In Florida

         In 1937, the REA drafted the Electric Cooperative Corporation Act as a model state law for states to
         adopt for forming and operating rural electric cooperatives. Florida’s first distribution electric
         cooperatives were formed that same year.31 At that time, much of Florida’s geographic territory lacked
         electrical service, due to, like most of the U.S., the lack of enough economic development to make
         providing service worthwhile for existing electric companies.

         At present, Florida has 18 rural electric cooperatives, with 16 of these cooperatives being distribution
         cooperatives and two being generation and transmission cooperatives. These cooperatives are
         represented by the Florida Electric Cooperative Association (FECA). 32 These cooperatives operate in
         57 of Florida’s 67 counties and have more than 2.7 million customers.33 Much like other areas of the
         U.S., Florida rural electric cooperatives serve a large percentage of area, but have a low customer
         density. Specifically, Florida cooperatives serve approximately 10 percent of Florida’s total electric
         utility customers, but their service territory covers 60 percent of Florida’s total land mass. Each
         cooperative is governed by a board of cooperative members elected by the cooperative’s
         membership.34

         In addition to providing electric service, cooperatives in Florida are authorized to own and operate
         water and sewer systems.35 To promote economic development, cooperatives may provide any energy
         or nonenergy services to its membership.36

        Broadband Internet Deployment

         Fixed and mobile broadband Internet services provide access to numerous employment, education,
         entertainment, and health care opportunities.37 Communities that lack broadband access can have
         difficulty attracting new capital investment. While Florida’s urban areas are served at a fixed broadband
         coverage rate of 98 percent, its rural areas are served at a rate of 78.6 percent. 38 This disparity is
         caused primarily by high per-unit construction costs required to build broadband infrastructure across

29 National Rural Electric Cooperative Association, Fact Sheet: Feb ruary 2021, https://www.cooperative.com/programs-

services/bts/documents/data/electric-co-op-fact-sheet-update-february-2021.pdf (last visited Mar. 19, 2023).
30 Id.
31 Seminole Electric Cooperative, Empowering our Community, https://www.seminole-electric.com/ (last visited Mar. 19, 2023).
32 Florida Electric Cooperative Association, Memb ers, https://feca.com/members/ (last visited Mar 19, 2023).
33 Florida Electric Cooperative Association, Our History, https://feca.com/our-history/ (last visited Mar 19, 2023).
34 Id.
35 S. 425.04(4), F.S.
36 S. 425.04 (15), F.S.
37 U.S. Federal Communications Commission (FCC), 2018 Broadb and Deployment Report, at 1 (Feb. 2, 2018), availab le at

https://docs.fcc.gov/public/attachments/FCC-18-10A1.pdf (last visited Mar. 23, 2023).
38 FCC, 2021 Broadb and Deployment Report at 63 (Jan. 19, 2021), availab le at https://docs.fcc.gov/public/attachments/FCC-21-

18A1.pdf (last visited Mar. 23, 2023). For purposes of this data, ‘fixed broadband services’ are measured at 25 megabits per second
downstream and 3 megabits per second upstream.
STORAGE NAME: h1221.ECC                                                                                                       PAGE: 5
DATE: 3/19/2023
        larger swaths of rural geographic areas.39 The recent COVID-19 pandemic amplified the need for
        broadband Internet access in everyday life. Studies indicate that broadband Internet access matters for
        jobs, income, business relocation, civic engagement, and health. 40

        Broadband Growth Programs

            Florida Broadband Opportunity Program

        Established under s. 288.9962, F.S., the Broadband Opportunity Program (BOP) is a competitive
        reimbursement program within the Florida Department of Economic Opportunity (DEO). 41 The purpose
        of the program is to award grants to applicants who seek to expand broadband Internet service to
        unserved areas of Florida. To operate the program, the Legislature appropriated $400 million in
        federally funded State and Local Fiscal Recovery Funds (SLFRF) to increase Floridians’ acc ess to
        reliable, affordable, and high-speed internet service.42

            Connect America Fund

        One of the earliest and most significant federal broadband programs is the Connect America Fund,
        which is part of the FCC’s Universal Service Fund (USF). Started in 2011, the purpose of the fund is to
        provide subsidies to telecommunications companies to expand telecommunications infrastructure in
        rural and remote areas of the United States.43 The Connect America Fund is a “high-cost” program,
        meaning that it is designed to ensure that consumers in rural, insular, and high cost areas have access
        to modern telecommunications networks and that services through those networks, like voice and
        broadband, are available at a cost comparable to that in more developed urban areas. 44 The Connect
        America Fund is the largest of the USF’s programs, and has an annual budget of $4.5 billion. 45

            Broadband Technology Opportunities Program

        The Broadband Technology Opportunities Program (BTOP) is a federal grant program administered by
        the National Telecommunications and Information Administration (NTIA), part of the U.S. Department of
        Commerce. The BTOP is funded by the American Recovery and Reinvestment Act of 2009 (Pub. L.
        111-5), and has an annual budget of $4 billion. The purpose of the program is to “bridge the
        technological divide” and BTOP projects include deploying broadband Internet infrastructure,
        enhancing and expanding public computer centers, and encouraging the sustainable adoption of
        broadband service.46

            USDA Programs: ReConnect Program and the Rural Broadband Program

        The USDA operates two programs aimed at developing broadband in rural areas—the ReConnect
        Program and the Rural Broadband Program. Though these programs both existed prior to 2021, the
        Infrastructure Investment and Jobs Act (Public Law 117-58), signed into law on November 15, 2021,

39
   American Broadband Initiative, Milestones Report, at 11 (Feb. 13, 2019), availab le at
https://www.ntia.doc.gov/files/ntia/publications/american_broadband_initiative_milestones_report.pdf (last visited Mar. 23, 2023).
40 COVID-19 lockdowns expose the digital have-nots in rural areas – here’s which policies can get them connected (Sep. 2, 2020),

https://theconversation.com/covid-19-lockdowns-expose-the-digital-have-nots-in-rural-areas-heres-which-policies-can-get-them-
connected-144324 (last visited Mar. 23, 2023).
41
   Florida Department of Economic Opportunity, Broadb and Opportunity Program , https://www.floridajobs.org/community-planning-and-
development/broadband/broadband-opportunity-program (last visited Mar. 19, 2023).
42 Id.
43 Federal Communications Commission, Universal Service Monitoring Report, Feb. 13, 2023, (available at:

https://www.fcc.gov/general/federal-state-joint-board-monitoring-reports).
44 Federal Communications Commission, Universal Service for High Cost Areas-Connect America Fund,

https://www.fcc.gov/general/universal-service-high-cost-areas-connect-america-fund#releases (last vis ited Mar. 19, 2023).
45 Universal Service Administrative Co., Program Overview, https://www.usac.org/high-cost/program-overview/ (last visited Mar 3,

2023).19
46 National Telecommunications and Information Administration, Broadband Technology Opportunities Program,

https://ntia.gov/category/broadband-technology-opportunities-
program#:~:text=The%20Broadband%20Technology%20Opportunities%20Program,in%20communities%20across%20the%20country
(last visited Mar. 19, 2023).
STORAGE NAME: h1221.ECC                                                                                                    PAGE: 6
DATE: 3/19/2023
         provided new funding for both of these programs (and other broadband initiatives). The ReConnect
         Program received $1.926 billion in funds for grants and loans and the Rural Broadband Program
         received $74 million in funds for loans.47

         The purpose of the ReConnect Program is to offer loans, grants, and loan-grant combinations to
         facilitate broadband deployment in rural areas that currently do not have sufficient access to
         broadband. The entities eligible to apply for the Reconnect Program include:
              Corporations, limited liability companies, and limited liability partnerships;
              State and local governments;
              U.S. territories and possessions; and
              Indian tribes, as defined in Section 4 of the Indian Self-Determination and Education Assistance
                  Act (25 U.S.C. §450b).48

         Reconnect grants may be used for:
             Construction or improvement of facilities required to provide fixed terrestrial broadband
               services;
             Funding of reasonable pre-application expenses; and
             Funding the acquisition of an existing telecommunications system that does not currently
               provide sufficient access to broadband.49

         The Rural Broadband Program offers funds to help construct, improve, or acquire facilities and
         equipment needed to provide broadband to rural areas. The entities eligible to apply for the program
         are:
              Corporations
              Limited liability companies
              Cooperative or mutual organizations
              State and local governments
              Indian tribes and tribal organizations

         For the most recent years prior to 2021, Congress only appropriated funds to the Rural Broadband
         Program for loans. However, with the increase in funding under the Infrastructure Investment and Jobs
         Act, funding for grants and loan guarantees is also now available in the program. 50

         While the USDA’s Reconnect and Rural programs are similar in their purpose, a key distinction lies in
         the standards for eligible service areas. For the ReConnect Program, eligible service areas exist where
         at least 90% of households lack sufficient access to broadband with at least 100 Mbps download and
         20 Mbps upload speed (100/20 Mbps service). For the Rural Broadband Program, the standard for
         eligibility is if the area in question does not have at least 50% of households with at least 25 Mbps
         download and 3 Mbps upload speed (25/3 Mbps service).

         Rural Electric Cooperative Engagement in Broadband

         According to the NRECA, about 200 rural electric cooperatives are currently providing or building out
         broadband service. In addition, the NRECA states that 200 additional rural electric cooperatives are
         “assessing the feasibility of providing service to more than 6 million households in co-op service areas
         that don’t have access to high-speed internet service.”51 To support its members who are or would like
         to be engaged in the broadband business, the NRECA launched a new level of service for its members
         in July 2022 called NRECA Broadband.52 The stated purpose of NRECA Broadband is to offer federal

47 Congressional Research Service, Infrastructure Investment and Job s Act: Funding for USDA

Rural Broadb and Programs, Nov. 19. 2021 (available at: https://crsreports.congress.gov/product/pdf/IF/IF11918).
48 United States Department of Agriculture, ReConnect Program, https://www.usda.gov/reconnect/program-overview (last visited Mar

19, 2023).
49 Id.
50 Federal Communications Commission, Universal Service for High Cost Areas-Connect America Fund, supra note 47.
51 National Rural Electric Cooperatives Association, Broadband, https://www.electric.coop/issues-and-policy/broadband (last visited Mar

19, 2023).
52 Id.

STORAGE NAME: h1221.ECC                                                                                                        PAGE: 7
DATE: 3/19/2023
         policy and regulatory advocacy; communication, events, and education; and operations and technology
         support.53

         While rural electric cooperatives have experience in operating a monopoly electric utility, many have
         little institutional experience in operating in a non-monopoly competitive market in general or in
         broadband telecommunications specifically. Thus, these companies can face challenges in learning
         how to market and provide broadband services.54

         Currently, five of Florida’s 18 rural electric cooperatives, are engaged in or developing broadband
         service:
             Glades Electric Cooperative (5.1 members per mile of line).
             Central Florida Electric Cooperative (6.34 members per mile of line).
             Suwannee Valley Electric Cooperative (4.5 members per mile of line).
             Tri-County Electric Cooperative (4.48 members per mile of line).
             Escambia River Electric Cooperative (6.94 members per mile of line).

         According to the FECA these five cooperatives are the most rural in nature of the cooperatives in
         Florida.55


         Effect of the Bill

         The bill explicitly authorizes rural electric cooperatives in Florida to provide communications services,
         as defined in s. 350.81, F.S., in the following circumstances:
              The cooperative provides broadband service directly or in partnership with a third party; or
              The cooperative receives broadband grant funding pursuant to the Florida Broadband
                 Opportunity Program or from any other federal or state program offering grants to expand
                 broadband Internet service to unserved areas of the state.

         Communications services, as defined in s. 350.81, F.S., include any advanced service, cable service,
         or telecommunications service. Advanced service includes high-speed-Internet-access-service
         capability in excess of 200 kilobits per second in the upstream or the downstream direction. 56

         If a cooperative provides a communications service under these terms, all poles owned by the
         cooperative are subject to pole attachment regulation on the same terms as poles owned by investor-
         owned electric utilities.

    B. SECTION DIRECTORY:
         Section 1.        Amends s. 425.04, F.S., relating to powers of rural electric cooperatives.

         Section 2.        Provides an effective date.


                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

53 Cooperative.com, NRECA Broadb and, https://www.cooperative.com/topics/telecommunications-broadband/nreca-

broadband/Pages/default.aspx (last visited Mar. 19, 2023).
54 National Rural Electric Cooperatives Association, Along Those Lines: What It Takes for Electric Co-ops to Enter the Broadb and

Space, Jan 24, 2023, https://www.electric.coop/along-those-lines-what-it-takes-for-electric-co-ops-to-enter-the-broadband-space.
55 Senate Analysis of CS/SB 626 (2023), p. 15 (March 8, 2023), citing an email from Drew Love, Director of Government Affairs, F lorida

Electric Cooperatives Association, to Senate Regulated Industries Staff (Mar. 6, 2023).
56 S. 350.81, F.S.

STORAGE NAME: h1221.ECC                                                                                                        PAGE: 8
DATE: 3/19/2023
       2. Expenditures:
           The bill may increase state government expenditures. The PSC has indicated that it can handle the
           expected increased workload with existing resources.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The financial and legal responsibilities of parties to rural electric cooperative pole attachment
       arrangements in Florida may substantially change depending on the PSC’s implementation of new pole
       attachment regulatory authority under this bill.

   D. FISCAL COMMENTS:
       None.


                                              III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not Applicable. The bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not authorize or require agency rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1221.ECC                                                                               PAGE: 9
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           HB 1221                                                                                               2023




    1                                         A bill to be entitled
    2                An act relating to broadband Internet service
    3                providers; amending s. 425.04, F.S.; authorizing rural
    4                electric cooperatives to provide communications
    5                services under certain circumstances for the purpose
    6                of expanding broadband Internet service to unserved
    7                areas of this state; providing an effective date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                   Section 1.       Section 425.04, Florida Statutes, is amended,
12         to read:
13                   425.04      Powers.—A cooperative shall have all of the
14         following powers power:
15                   (1)       To sue and be sued, in its corporate name.;
16                   (2)       To have perpetual existence.;
17                   (3)       To adopt a corporate seal and alter the same at
18         pleasure.;
19                   (4)       To generate, manufacture, purchase, acquire,
20         accumulate and transmit electric energy, and to distribute,
21         sell, supply, and dispose of electric energy in rural areas to
22         its members, to governmental agencies and political
23         subdivisions, and to other persons not in excess of 10 percent
24         of the number of its members; to process, treat, sell, and
25         dispose of water and water rights; to purchase, construct, own

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        HB 1221                                                                                               2023




26      and operate water systems; to own and operate sanitary sewer
27      systems; and to supply water and sanitary sewer services.
28      However, a no cooperative may not shall distribute or sell any
29      electricity, or electric energy to any person residing within
30      any town, city or area in which the person is receiving adequate
31      central station service or who at the time of commencing such
32      service, or offer to serve, by a cooperative, is receiving
33      adequate central station service from any utility agency,
34      privately or municipally owned individual partnership or
35      corporation.;
36                (5)       To make loans to persons to whom electric energy i s or
37      will be supplied by the cooperative for the purpose of, and
38      otherwise to assist such person in, wiring their premises and
39      installing therein electric and plumbing fixtures, appliances,
40      apparatus and equipment of any and all kinds and character, and
41      in connection therewith, to purchase, acquire, lease, sell,
42      distribute, install and repair such electric and plumbing
43      fixtures, appliances, apparatus and equipment, and to accept or
44      otherwise acquire, and to sell, assign, transfer, endorse,
45      pledge, hypothecate and otherwise dispose of notes, bonds and
46      other evidences of indebtedness and any and all types of
47      security therefor.;
48                (6)       To make loans to persons to whom electric energy is or
49      will be supplied by the cooperative for the purpose of, and
50      otherwise to assist such persons in, constructing, maintaining

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        HB 1221                                                                                               2023




51      and operating electric refrigeration plants.;
52                (7)        To become a member in one or more other cooperatives
53      or corporations or to own stock therein.;
54                (8)        To construct, purchase, take, receive, lease as
55      lessee, or otherwise acquire, and to own, hold, use, equip,
56      maintain, and operate, and to sell, assign, transfer, convey,
57      exchange, lease as lessor, mortgage, pledge, or otherwise
58      dispose of or encumber, electric transmission and distribution
59      lines or systems, electric generating plants, electric
60      refrigeration plants, lands, buildings, structures, dams, plants
61      and equipment, and any and all kinds and classes of real or
62      personal property whatsoever, which shall be deemed necessary,
63      convenient or appropriate to accomplish the purpose for which
64      the cooperative is organized.;
65                (9)        To purchase or otherwise acquire; to own, hold, use
66      and exercise; and to sell, assign, transfer, convey, mortgage,
67      pledge, hypothecate, or otherwise dispose of or encumber,
68      franchises, rights, privileges, licenses, rights-of-way and
69      easement.;
70                (10)       To borrow money and otherwise contract indebtedness;
71      to issue notes, bonds, and other evidences of indebtedness
72      therefor; and to secure the payment thereof by mortgage, pledge,
73      deed of trust, or any other encumbrance upon any or all of its
74      then owned or after-acquired real or personal property, assets,
75      franchises, revenues or income.;

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         HB 1221                                                                                               2023




 76                (11)       To construct, maintain, and operate electric
 77      transmission and distribution lines along, upon, under and
 78      across all public thoroughfares, including without limitation,
 79      all roads, highways, streets, alleys, bridges and causeways, and
 80      upon, under and across all publicly owned lands, subject,
 81      however, to the requirements in respect of the use of such
 82      thoroughfares and lands that are imposed by the respective
 83      authorities having jurisdiction thereof upon corporations
 84      constructing or operating electric transmission and distribution
 85      lines or systems.;
 86                (12)       To exercise the power of eminent domain in the manner
 87      provided by the laws of this state for the exercise of that
 88      power by corporations constructing or operating electric
 89      transmission and distribution lines or systems.;
 90                (13)       To provide communications services, as defined in s.
 91      350.81(1), notwithstanding any other provision of law, if the
 92      cooperative provides broadband service directly or in
 93      partnership with a third party or receives broadband grant
 94      funding pursuant to s. 288.9962 or from any other federal or
 95      state program offering grants to expand broadband Inter net
 96      service to unserved areas of this state; however, all poles
 97      owned by the cooperative are subject to regulation under s.
 98      366.04(8) on the same basis as if such cooperative were a public
 99      utility.
100                (14)       To conduct its business and exercise any or all of

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         HB 1221                                                                                               2023




101      its powers within or without this state.;
102                (15)(14)         To adopt, amend, and repeal bylaws.; and
103                (16)(15)         To do and perform any and all other acts and
104      things, and to have and exercise any and all other powers which
105      may be necessary, convenient or appropriate to accomplish the
106      purpose for which the cooperative is organized.
107                (17)       To promote economic development by providing, an
108      electric cooperative may provide any energy or nonenergy
109      services to its membership.
110                Section 2.        This act shall take effect July 1, 2023.




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                                                                                                              hb1221-00
HB 1437
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1437 Pub. Rec./Broadband Opportunity Program Information/DEO
SPONSOR(S): Esposito
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 552

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Energy, Communications & Cybersecurity                                           Mortellaro         Keating
       Subcommittee

    2) Ethics, Elections & Open Government
       Subcommittee

    3) Commerce Committee


                                             SUMMARY ANALYSIS
In 2021, the Legislature created the Broadband Opportunity Program to award grants to applicants who seek
to expand access to broadband Internet service in unserved areas of the state. The grant program is
administered by the Florida Office of Broadband within the Department of Economic Opportunity (DEO). The
grant process requires that certain information about existing and proposed telecommunications facilities be
submitted to DEO.

This bill creates a public record exemption for information relating to communications service locations, project
proposals, and challenges submitted to and held by DEO under s. 288.9962, F.S. Under the bill, such
information is confidential and exempt if it is not otherwise publicly available and would reveal:
       The location and capacity of communications network facilities;
       Communications network coverage areas, including geographical maps;
       Features, functions, and capabilities of communications network infrastructure and facilities;
       Security, including cybersecurity, of the design, construction, and operation of the communications
           network and associated services and products;
       Specific customer locations; or
       Sources of funding or in-kind contributions for a project.

The bill provides a statement of public necessity for this exemption. The statement provides that disclosing this
information could result in identification of vulnerabilities of communications services networks and facilities,
thus allowing security breaches that may damage and disrupt the safe and reliable operation of such networks,
adversely impacting the public health and safety of the state and affecting business interests through
compromised network security.

The bill is subject to the Open Government Sunset Review Act and will repeal on October 2, 2028 unless
saved by reenactment.

The bill provides an effective date of July 1, 2023.

Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1437.ECC
DATE: 3/19/2023
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Public Record Exemptions

         Article I, section 24(a) of the Florida Constitution establishes the state’s public policy for accessing
         government records. This section guarantees that every person has the right to inspect or copy any
         public record from the legislative, executive, and judicial branches of government. Authority to grant
         exemptions from public records is vested solely to the Legislature. The Legislature, may provide an
         exemption of records, from the requirements of art. I, s. 24(a) of the Florida Constitution.1 A proposed
         exemption must pass by a two-thirds vote of each chamber, state with specificity the public necessity to
         justify the exemption,2 and be no broader than necessary to accomplish the public purpose. 3

         Public policy regarding access to government records is addressed further in s. 119.07(1), F.S., which
         guarantees every person a right to inspect and copy any state, county, or municipal record, unless the
         record is exempt. Public exemptions are subject to the Open Government Sunset Review Act (Act)4
         which provides that a public record or public meeting exemption may be created 5 or maintained only if it
         serves an identifiable public purpose. In addition, it may be no broader than necessary to meet one of
         the following purposes:
              Allow the state or its political subdivisions to effectively and efficiently administer a
                  governmental program, which administration would be significantly impaired without the
                  exemption.
              Protect sensitive personal information that, if released, would be defamatory or would
                  jeopardize an individual’s safety; however, only the identity of an individual may be exempted
                  under this provision.
              Protect trade or business secrets.6

         The Act requires the Legislature to review each public record exemption and each public meeting
         exemption five years after enactment. If the Legislature does not reenact an exemption, it will
         automatically repeal on October 2nd of the fifth year after enactment.

         Florida’s Office of Broadband

         In 2020, the Legislature designated the Department of Economic Opportunity (DEO) as the lead state
         agency to facilitate the expansion of broadband Internet service in the state. 7 The Florida Office of
         Broadband (Office) was created within DEO’s Division of Community Development for purposes of
         developing, marketing, and promoting broadband Internet service in the state. 8

         In 2021, the Legislature appropriated $1.5 million to DEO to develop geographic information system
         maps of broadband Internet service availability, including transmission speeds, consistent with the
         Federal Communications Commission’s data collection program standards. 9 DEO must collaborate with
         broadband service providers, state agencies, local government entities, private businesses, educational
         institutions, and community organizations to develop these maps.10 Through its website, DEO allows

1 Article I, s. 24(c), FLA. CONST.
2 This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3 Article I, s. 24(c), FLA. CONST.
4 S. 119.15, F.S.
5 An example of an exception to a public record exemption would be allowing another agency access to confidential and exempt

records.
6 S. 119.15(6)(b), F.S.
7 Ch. 2002-26, Laws of Fla.
8 Id.
9 Ch. 2021-24, Laws of Fla.
10 Id.

STORAGE NAME: h1437.ECC                                                                                                    PAGE: 2
DATE: 3/19/2023
         for public input concerning the speed, connectivity, and access to broadband Internet service in areas
         throughout the state to help identify unserved and underserved areas.

         Broadband Opportunity Program

         In 2021, the Legislature also created the Broadband Opportunity Program 11 to award grants to
         applicants who seek to expand access to broadband Internet service 12 in unserved13 areas of the state,
         regardless of the technology to be used. Grant funds may not be used to provide broadband Internet
         service to a geographic area where broadband Internet is already deployed by at least one provider.14
         Applicants eligible for grant awards include corporations, limited liability companies, general
         partnerships, limited partnerships, political subdivisions, and Indian tribes. 15

         In support of a grant application, an applicant must provide specified information, including, among
         other things:
              A description of the project area;
              A description of the kind and amount of broadband Internet service infrastructure that is
                 proposed; and
              Evidence demonstrating the unserved nature of the project area.16

         After the close of the grant application process, the Office must publish on its website, from each grant
         application submitted, the proposed unserved areas to be served and the proposed broadband internet
         speeds of the areas to be served.17

         If a broadband Internet service provider provides service in or adjacent to a proposed project area, it
         can submit a written challenge to the office within 45 days of the information’s publication. The
         challenge must demonstrate:
               The provider currently has deployed broadband Internet service to retail customers within the
                 project area;
               The provider has begun construction to provide broadband Internet service to retail customers
                 within the proposed project area within the timeframe proposed by the applicant; or
               The provider commits to providing broadband Internet service to retail customers within the
                 proposed project area within the timeframe proposed by the applicant.

         Within three business days after the submission of a written challenge, the office is to notify the
         applicant of the challenge. The office must evaluate each challenge submitted. If the office determines
         that the provider currently has deployed, has begun construction to provide, or commits to provide
         broadband Internet service in the proposed project area, the office may not fund the challenged
         project.18




11 Section 288.9962, F.S.
12 Section 288.9961(2)(a), F.S., defines the term “broadband Internet service” to mean any service that provides access to the Inter net

with a capacity for transmission at a consistent speed of at least 25 megabits per second download and 3 megabits per second upload.
13 Section 288.9961(2)(g), F.S., defines the term “unserved” to mean a geographic area of the state without access to broadband

Internet service.
14 S. 288.9962(2), F.S.
15 S. 288.9962(3), F.S.
16 S. 288.9962(5), F.S.
17 S. 288.9962(6)(b), F.S.
18 S. 288.9962(e), F.S.

STORAGE NAME: h1437.ECC                                                                                                          PAGE: 3
DATE: 3/19/2023
         Effect of the Bill

         The bill creates a public record exemption by providing that information relating to communications
         services locations, project proposals, and challenges submitted to and held by DEO under s. 288.9962,
         F.S., are confidential and exempt19 if the information is not otherwise publicly available and would
         reveal:
             The location and capacity of communications network facilities;
             Communications network coverage areas, including geographical maps indicating actual or
                 proposed locations of network infrastructure, facilities, or coverage;
             Features, functions, and capabilities of communications network infrastructure and facilities;
             Security, including cybersecurity, of the design, construction, and operation of the
                 communications network and associated services and products;
             Specific customer locations;
             Sources of funding or in-kind contributions for a project.

         The bill is subject to Open Government Sunset Review Act and shall repeal on October 2, 2028 unless
         saved through reenactment.

         The bill provides that there is a public necessity for this exemption because the information at issue
         contains security information and propriety business information. The bill states that disclosing
         locations, capacities, features, and functions of communications networks and facilities could result in
         identifying vulnerabilities in these networks and facilities which could allow security breaches that may
         damage and disrupt the safe and reliable operation of such networks and facilities, adversely impacting
         the public health and safety of the state and affecting business interests through compromising network
         security.

         The bill provides an effective date of July 1, 2023.

    B. SECTION DIRECTORY:
         Section 1.        Amends s. 119.0712, F.S., to create a public records exemption for certain information
                           held by the Department of Economic Opportunity.

         Section 2.        Provides a public necessity statement.

         Section 3.        Provides an effective date.




19 There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature

deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under cert ain circumstances.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 68 7 (Fla. 5th DCA 1991). If
the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by the
custodian of public records, to anyone other than the persons or entities specifically designated in sta tute. See Op. Att’y Gen. Fla.
(1985).
STORAGE NAME: h1437.ECC                                                                                                        PAGE: 4
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                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.
       2. Expenditures:
           The bill may have an insignificant negative fiscal impact on DEO. DEO’s staff responsible for
           complying with public record requests may require training related to the newly created public
           record exemption. These costs, however, would be absorbed, as they are
           part of the day-to-day responsibilities of the agency.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditure of funds; reduce the authority that counties and municipalities have
          to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties and
          municipalities.

       2. Other:
           Vote Requirement
           Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
           and voting for final passage of a newly created or expanded public record or public m eeting
           exemption. The bill creates a public record exemption; thus, it requires a two-thirds vote for final
           passage.

           Public Necessity Statement
           Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
           created or expanded public record or public meeting exemption. The bill creates a public record
           exemption; thus, it includes a public necessity statement.

           Breadth of Exemption
           Article 1, section 24(c) of the Florida Constitution requires a newly created or expanded public
           record or public meeting exemption to be no broader than necessary to accomplish the stated
           purpose of the law. The exemption created by the bill does not appear to be broader than
           necessary to accomplish its purpose.
STORAGE NAME: h1437.ECC                                                                                     PAGE: 5
DATE: 3/19/2023
   B. RULE-MAKING AUTHORITY:
       None.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       The bill creates a public record exemption for information that reveals communications network
       coverage areas. This may conflict with the requirement that DEO publish or share certain information
       related to proposed or existing coverage areas under its broadband grant program.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1437.ECC                                                                                PAGE: 6
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           HB 1437                                                                                               2023




    1                                          A bill to be entitled
    2                An act relating to public records; amending s.
    3                119.0712, F.S.; providing an exemption from public
    4                records requirements for certain information relating
    5                to communications services locations, project
    6                proposals, and challenges submitted to and held by the
    7                Department of Economic Opportunity under the Broadband
    8                Opportunity Program; providing for future legislative
    9                review and repeal of the exemption; providing a
10                   statement of public necessity; providing an effective
11                   date.
12
13         Be It Enacted by the Legislature of the State of Florida:
14
15                   Section 1.        Subsection (5) is added to section 119.0712,
16         Florida Statutes, to read:
17                   119.0712         Executive branch agency-specific exemptions from
18         inspection or copying of public records.—
19                   (5)       DEPARTMENT OF ECONOMIC OPPORTUNITY.—Information
20         relating to communications services locations, project
21         proposals, and challenges submitted to and held by the
22         Department of Economic Opportunity under s. 288.9962 is
23         confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
24         of the State Constitution if such information is not otherwise
25         publicly available and would reveal:

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        HB 1437                                                                                               2023




26                (a)       The location and capacity of communications network
27      facilities;
28                (b)       Communications network coverage areas, including
29      geographical maps indicating actual or proposed locations of
30      network infrastructure, facilities, or coverage;
31                (c)       The features, functions, and capabilities of
32      communications network infrastructure and facilities;
33                (d)       Security, including cybersecurity, of the design,
34      construction, and operation of the communications network and
35      associated services and products;
36                (e)       Specific customer locations; or
37                (f)       Sources of funding or in-kind contributions for a
38      project.
39
40      This subsection is subject to the Open Government Sunset Review
41      Act in accordance with s. 119.15 and shall stand repealed on
42      October 2, 2028, unless reviewed and saved from repeal through
43      reenactment by the Legislature.
44                Section 2.       The Legislature finds that it is a public
45      necessity that information relating to communications services
46      locations, project proposals, and challenges submitted to and
47      held by the Department of Economic Opportunity under s.
48      288.9962, Florida Statutes, be made exempt from s. 119.07(1),
49      Florida Statutes, and s. 24(a), Article I of the State
50      Constitution if such information is not otherwise publicly

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        HB 1437                                                                                               2023




51      available and would reveal the location and capacity of
52      communications network facilities; communications network
53      coverage areas, including geographical maps indicating actual or
54      proposed locations of network infrastructure, facilities, or
55      coverage; the features, functions, and capabilities of
56      communications network infrastructure and facilities; security,
57      including cybersecurity, of the design, construction, and
58      operation of the communications network and associated services
59      and products; specific customer locations; or sources of funding
60      or in-kind contributions for a project. Such information
61      contains security information and proprietary business
62      information of communications services providers. The disclosure
63      of sensitive information relating to the locations, capacities,
64      features, and functions of communications networks and
65      facilities could result in identification of vulnerabilities in
66      such networks and facilities and allow security breaches that
67      may damage and disrupt the safe and reliable operation of such
68      networks, adversely impacting the public health and safety of
69      the state. Disclosure of such information would adv ersely affect
70      the business interests and compromise the network security of
71      such communications services providers and their networks and
72      facilities.
73                Section 3.       This act shall take effect July 1, 2023.




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                                                                                                             hb1437-00
        Energy, Communications & Cybersecurity Subcommittee
                       HB 1437 by Rep. Esposito
       Pub. Rec./Broadband Opportunity Program Information/DEO

                            AMENDMENT SUMMARY
                               March 21, 2023


Amendment 1 by Rep. Esposito (lines 22-72):

   •   Removes information that reveals communication network coverage areas from
       the public record exemption created by this bill.
   •   Clarifies that the exemption does not apply to publication of information by the
       Department of Economic Opportunity that identifies specified areas proposed to
       be served, and the broadband Internet speeds in those areas, under the
       requirements of the state’s Broadband Opportunity Program.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1437    (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Energy, Communications &
 2     Cybersecurity Subcommittee
 3     Representative Esposito offered the following:
 4
 5          Amendment
 6          Remove lines 22-72 and insert:
 7     Department of Economic Opportunity under s. 288.9962 or pursuant
 8     to a federal broadband access grant program implemented by the
 9     Department of Economic Opportunity is confidential and exempt
10     from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
11     if such information is not otherwise publicly available and the
12     release of such information would reveal:
13          a.     The location or capacity of communications network
14     facilities;




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1437   (2023)
       Amendment No. 1


15          b.    Communications network areas, including geographical
16     maps indicating actual or proposed locations of network
17     infrastructure or facilities;
18          c.    The features, functions, and capabilities of
19     communications network infrastructure and facilities;
20          d.    Security, including cybersecurity, of the design,
21     construction, and operation of the communications network and
22     associated services and products;
23          e.    Specific customer locations; or
24          f.    Sources of funding or in-kind contributions for a
25     project.
26          2.    This exemption does not apply to any required functions
27     of the department under s. 288.9962 relating to publishing a
28     description of the proposed unserved areas to be served and the
29     proposed broadband Internet speeds of the areas to be served as
30     provided by the applicant and approved by the department.
31          3.    This paragraph is subject to the Open Government Sunset
32     Review Act in accordance with s. 119.15 and shall stand repealed
33     on October 2, 2028, unless reviewed and saved from repeal
34     through reenactment by the Legislature.
35          Section 2.    The Legislature finds that it is a public
36     necessity that certain information relating to communications
37     services locations, project proposals, and challenges submitted
38     to the Department of Economic Opportunity under the Broadband
39     Opportunity Program or pursuant to a federal broadband access
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                                   Page 2 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1437   (2023)
       Amendment No. 1


40     grant program implemented by the department be made confidential
41     and exempt from public records requirements. Such information
42     contains security information and proprietary business
43     information of communications services providers. The disclosure
44     of sensitive information relating to the location, capacity,
45     features, functions, and security of these networks could result
46     in the identification of vulnerabilities in such networks and
47     allow a security breach that could damage the networks or
48     disrupt the networks' safe and reliable operation, adversely
49     impacting the public health and safety of this state. Further,
50     the disclosure of such information would adversely affect the
51     business interests and compromise the network security of the
52     communications services providers and their networks. Therefore,
53     the Legislature finds that it is a public necessity that certain
54     information relating to communications services locations,
55     project proposals, and challenges submitted to the Department of
56     Economic Opportunity under the Broadband Opportunity Program or
57     pursuant to a federal broadband access grant program implemented
58     by the department be held confidential and exempt from
59     disclosure under s. 119.07(1), Florida Statutes, and s. 24(a),
60     Article I of the State Constitution.
61




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                                  Page 3 of 3
HB 1511
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:     HB 1511 Cybersecurity
SPONSOR(S): Giallombardo
TIED BILLS:       IDEN./SIM. BILLS:                   SB 1708

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Energy, Communications & Cybersecurity                                           Mortellaro         Keating
       Subcommittee

    2) State Administration & Technology
       Appropriations Subcommittee

    3) Commerce Committee

                                                     SUMMARY ANALYSIS
Over the last decade, cybersecurity has rapidly become a growing concern. Cyberattacks are growing in
frequency and severity. Currently, the Department of Management Services (DMS) oversees information
technology (IT) governance and security for the executive branch of state government. The Florida Digital
Service (FLDS) is housed within DMS and was established in 2020 to replace the Division of State
Technology. Through FLDS, DMS implements duties and policies for information technology and cybersecurity
for state agencies.

The bill:
    Authorizes FLDS to act more independently from DMS in performing certain functions relating to state
        technology and cybersecurity, including rulemaking;
    Modifies the definition for “incident”;
    Requires FLDS to create an operations committee to foster collaboration between agencies;
    Changes the method by which the state Chief Information Officer (CIO) is appointed;
    Shifts authority to appoint a state chief data officer to the CIO;
    Gives FLDS oversight of the Northwest Regional Data Center (NWRDC);
    Requires FLDS to provide cybersecurity briefings to members of any legislative committee or
        subcommittee responsible for policy matters relating to cybersecurity;
    Provides that any legislative committee or subcommittee responsible for policy matters relating to
        cybersecurity may hold meetings closed by the respective legislative body when being briefed on
        certain information;
    Provides that state agencies shall report a ransomware or cybersecurity incident to FLDS, the
        Cybersecurity Operations Center, and the Cybercrime Office at FDLE as soon as possible, but no later
        than four hours after discovery of a cybersecurity incident and no later than two hours after discovery of
        a ransomware incident;
    Creates a new advisory council called, the State Technology Advancement Council (STAC); and
    Provides grounds for government and private entities to gain a presumption against liability for events
        connected to a cybersecurity incident.

The bill does not have a fiscal impact on state or local government revenues or local government expenditures.
The bill may increase state expenditures. See Fiscal Analysis & Economic Impact Statement.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1511.ECC
DATE: 3/20/2023
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Cybersecurity Governance

         Present Situation

         Over the last decade, cybersecurity has rapidly become a growing concern. The cyberattacks are
         growing in frequency and severity. Cybercrime is expected to inflict $8 trillion worth of damage globally
         in 2023.1 The United States is often a target of cyberattacks, including attacks on critical infrastructure,
         and has been a target of more significant cyberattacks 2 over the last 14 years than any other country.3
         The Colonial Pipeline is an example of critical infrastructure that was attacked, disrupting what is
         arguably the nation’s most important fuel conduit.4

         Ransomware is a type of cybersecurity incident where malware5 that is designed to encrypt files on a
         device and renders the files and the systems that rely on them unusable. In other words, critical
         information is no longer accessible. During a ransomware attack, malicious actors demand a ransom in
         exchange for regained access through decryption. If the ransom is not paid, the ransomware actors will
         often threaten to sell or leak the data or authentication information. Even if the ransom is paid, there is
         no guarantee that the bad actor will follow through with decryption.

         In recent years, ransomware incidents have become increasingly prevalent among the nation’s state,
         local, tribal, and territorial government entities and critical infrastructure organizations. 6 For example,
         Tallahassee Memorial Hospital was hit by a ransomware attack early this February, and the hospitals
         systems were forced to shut down, impacting many local residents in need of medical care. 7

         Information Technology and Cybersecurity Management

         The Department of Management Services (DMS) oversees information technology (IT)8 governance
         and security for the executive branch in Florida.9 The Florida Digital Service (FLDS) is housed within
         DMS and was established in 2020 to replace the Division of State Technology. 10 FLDS works under
         DMS to implement policies for information technology and cybersecurity for state agencies.11


1 Cybercrime Magazine, Cyb ercrime to Cost the World $8 Trillion Annually in 2023, https://cybersecurityventures.com/cybercrime-to-

cost-the-world-8-trillion-annually-in-2023/ (last visited March 7, 2023).
2
  “Significant cyber-attacks” are defined as cyber-attacks on a country’s government agencies, defense and high -tech companies, or
economic crimes with losses equating to more than a million dollars. FRA Conferences, Study: U.S. Largest Target for Significant
Cyb er-Attacks, https://www.fraconferences.com/insights-articles/compliance/study-us-largest-target-for-significant-cyber-
attacks/#:~:text=The%20United%20States%20has%20been%20on%20the%20receiving,article%20is%20from%20FRA%27s%20sister
%20company%2C%20Compliance%20Week (last visited Mar. 20, 2023).
3 Id.
4
 S&P Global, Pipeline operators must start reporting cyb erattacks to government: TSA orders,
https://www.spglobal.com/commodityinsights/en/market-insights/latest-news/electric-power/052721-pipeline-operators-must-start-
reporting-cyberattacks-to-government-tsa-
orders?utm_campaign=corporatepro&utm_medium=contentdigest&utm_source=esgmay2021 (last visited Mar. 8, 2023).
5 “Malware” means hardware, firmware, or software that is intentionally included or inserted i n a system for a harmful purpose.

https://csrc.nist.gov/glossary/term/malware (last visited Mar 16, 2023).
6 Cybersecurity and Infrastructure Agency, Ransomware 101, https://www.cisa.gov/stopransomware/ransomware-101 (last visited

January 30, 2022).
7 Tallahassee Democrat, TMH says it has taken ‘major step’ toward restoration after cyb ersecurity incident (Feb. 15, 2023)

https://www.tallahassee.com/story/news/local/2023/02/14/tmh-update-hospital-has-taken-major-step-toward-restoration/69904510007/
(last visited Mar. 7, 2023).
8 The term “information technology” means equipment, hardware, software, firmware, programs, systems, networks, infrastructure,

media, and related material used to automatically, electronically, and wirelessly collect, receive, access, transmit, display, store, record,
retrieve, analyze, evaluate, process, classify, manipulate, manage, assimilate, control, communicate, exchange, convert, converge,
interface, switch, or disseminate information of any kind or form. S. 282.0041(19), F.S.
9 See s. 20.22, F.S.
10 Ch. 2020-161, L.O.F.
11 See s. 20.22(2)(b), F.S.

STORAGE NAME: h1511.ECC                                                                                                             PAGE: 2
DATE: 3/20/2023
         The head of FLDS is appointed by the Secretary of Management Services 12 and serves as the state
         chief information officer (CIO).13 The CIO must have at least five years of experience in the
         development of IT system strategic planning and IT policy and, preferably, have leadership-level
         experience in the design, development, and deployment of interoperable software and data solutions. 14
         FLDS must propose innovative solutions that securely modernize state government, including
         technology and information services, to achieve value through digital transformation and
         interoperability, and to fully support Florida’s cloud first policy.15

         DMS, through FLDS, has the following powers, duties, and functions:
            Develop IT policy for the management of the state’s IT resources;
            Develop an enterprise architecture;
            Establish project management and oversight standards with which state agencies must comply
               when implementing IT projects;
            Perform project oversight on all state agency IT projects that have a total cost of $10 million or
               more and that are funded in the General Appropriations Act or any other law; and
            Identify opportunities for standardization and consolidation of IT services that support
               interoperability, Florida’s cloud first policy, and business functions and operations that are
               common across state agencies.16

         Information Technology Security Act

         In 2021, the Legislature passed the IT Security Act,17 which requires DMS and the state agency18
         heads to meet certain requirements in order to enhance the IT security of the state agencies.
         Specifically, the IT Security Act provides that DMS is responsible for establishing standards and
         processes consistent with accepted best practices for IT security,19 including cybersecurity, and
         adopting rules that safeguard an agency’s data, information, and IT resources to ensure availability,
         confidentiality, integrity, and to mitigate risks.20 In addition, DMS must:
              Designate a state chief information security officer (CISO) to oversee state IT security;
              Develop, and annually update, a statewide IT security strategic plan;
              Develop and publish an IT security framework for use by state agencies;
              Collaborate with the Cybercrime Office within the Florida Department of Law Enforcement
                 (FDLE) to provide training; and
              Annually review the strategic and operational IT security plans of executive branch agencies. 21

         State Cybersecurity Act

         In 2022, the Legislature passed the State Cybersecurity Act,22 which requires DMS and the heads of
         the state agencies 23 to meet certain requirements to enhance the cybersecurity24 of the state agencies.

12 The Secretary of Management Services serves as the head of DMS and is appointed by the Governor, subject to confirmation by t he

Senate. S. 20.22(1), F.S.
13 S. 282.0051(2)(a), F.S.
14 Id.
15
   S. 282.0051(1), F.S.
16 Id.
17 S. 282.318, F.S.
18 The term “state agency” means any official, officer, commission, board, authority, council, committee, or department of the e xecutive

branch of state government; the Justice Administrative Commission; and the Public Service Commission. The term does not i nclude
university boards of trustees or state universities. S. 282.0041(33), F.S. For purposes of the IT Security Act, the term includes the
Department of Legal Affairs, The Department of Agriculture and Consumer Services, and the Department of Financial S ervices. S.
282.318(2), F.S.
19 The term “information technology security” means the protection afforded to an automated information system in order to attai n the

applicable objectives of preserving the integrity, availability, and confidentiality of data, information, and information technology
resources. S. 282.0041(22), F.S.
20 S. 292.318(3), F.S.
21 Id.
22 S. 282.318, F.S.
23 For purposes of the State Cybersecurity Act, the term “state agency” includes the Department of Legal Affairs, the Department of

Agriculture and Consumer Services, and the Department of Financial Services. S. 282.318(2), F.S.
24 “Cybersecurity” means the protection afforded to an automated information system in order to attain the applicable objectives of

preserving the confidentiality, integrity, and availability of data, information, and information technology resources. S. 282.0041(8), F.S.
STORAGE NAME: h1511.ECC                                                                                                             PAGE: 3
DATE: 3/20/2023
         DMS is tasked with completing the following, through FLDS:
            Establishing standards for assessing agency cybersecurity risks;
            Adopting rules to mitigate risk, support a security governance framework, and safeguard agency
               digital assets, data,25 information, and IT resources;26
            Designating a chief information security officer (CISO);
            Developing and annually updating a statewide cybersecurity strategic plan such as identification
               and mitigation of risk, protections against threats, and tactical risk detection for cyber
               incidents;27
            Developing and publishing for use by state agencies a cybersecurity governance framework;
            Assisting the state agencies in complying with the State Cybersecurity Act;
            Annually providing training on cybersecurity for managers and team members;
            Annually reviewing the strategic and operational cybersecurity plans of state agencies;
            Tracking the state agencies’ implementation of remediation plans;
            Providing cybersecurity training to all state agency technology professionals that develops,
               assesses, and documents competencies by role and skill level;
            Maintaining a Cybersecurity Operations Center (CSOC) led by the CISO to serve as a
               clearinghouse for threat information and coordinate with FDLE to support responses to
               incidents; and
            Leading an Emergency Support Function under the state emergency management plan.28

         The State Cybersecurity Act requires the head of each state agency to designate an information
         security manager to administer the state agency’s cybersecurity program.29 The head of the agency
         has additional tasks in protecting against cybersecurity threats as follows:
            Establish a cybersecurity incident response team with FLDS and the Cybercrime Office, which
                must immediately report all confirmed or suspected incidents to the CISO;
            Annually submit to DMS the state agency’s strategic and operational cybersecurity plans;
            Conduct and update a comprehensive risk assessment to determine the security threats ;
            Develop and update written internal policies and procedures for reporting cyber incidents ;
            Implement safeguards and risk assessment remediation plans to address identified risks;
            Ensure internal audits and evaluations of the agency’s cybersecurity program are conducted;
            Ensure that the cybersecurity requirements for the solicitation, contracts, and service-level
                agreement of IT and IT resources meet or exceed applicable state and federal laws, regulations,
                and standards for cybersecurity, including the National Institute of Standards and Technology
                (NIST)30 cybersecurity framework;
            Provide cybersecurity training to all agency employees within 30 days of employment; and
            Develop a process that is consistent with the rules and guidelines established by FLDS for
                detecting, reporting, and responding to threats, breaches, or cybersecurity incidents. 31

         Florida Cybersecurity Advisory Council




25 “Data” means a subset of structured information in a format that allows such information to be electronically retrieved and t ransmitted.

S. 282.0041(9), F.S.
26 “Information technology resources” means data processing hardware and software and services, communications, supplies,

personnel, facility resources, maintenance, and training. S. 282.0041(22), F.S.
27 “Incident” means a violation or imminent threat of violation, whether such violation is accidental or deliberate, of information

technology resources, security, policies, or practices. An imminent threat of violation refers to a situation in which the st ate agency has
a factual basis for believing that a specific incident is about to occur. S. 282.0041(19), F.S.
28 S. 282.318(3), F.S.
29 S. 282.318(4)(a), F.S.
30 NIST, otherwise known as the National Institute of Standards and Technology, “is a non -regulatory government agency that develops

technology, metrics, and standards to drive innovation and economic competitiveness at U.S.-based organizations in the science and
technology industry.” Nate Lord, What is NIST Compliance, DataInsider (Dec. 1, 2020), https://www.digitalguardian.com/blog/what-nist-
compliance (last visited Mar. 17, 2023).
31 S. 282.318(4), F.S.

STORAGE NAME: h1511.ECC                                                                                                             PAGE: 4
DATE: 3/20/2023
         The Florida Cybersecurity Advisory Council32 (CAC) within DMS33 assists state agencies in protecting
         IT resources from cyber threats and incidents.34 The CAC must assist FLDS in implementing best
         cybersecurity practices, taking into consideration the final recommendations of the Florida
         Cybersecurity Task Force – a task force created to review and assess the state’s cybersecurity
         infrastructure, governance, and operations.35 The CAC meets at least quarterly to:
               Review existing state agency cybersecurity policies;
               Assess ongoing risks to state agency IT;
               Recommend a reporting and information sharing system to notify state agencies of new risks ;
               Recommend data breach simulation exercises;
               Assist FLDS in developing cybersecurity best practice recommendations; and
               Examine inconsistencies between state and federal law regarding cybersecurity. 36

         The CAC must work with NIST and other federal agencies, private sector businesses, and private
         security experts to identify which local infrastructure sectors, not covered by federal law, are at the
         greatest risk of cyber-attacks and to identify categories of critical infrastructure as critical cyber
         infrastructure if cyber damage to the infrastructure could result in catastrophic consequences.37

         The CAC must also prepare and submit a comprehensive report to the Governor, the President of the
         Senate, and the Speaker of the House of Representatives that includes data, trends, analysis, findings,
         and recommendations for state and local action regarding ransomware incidents as stated below:
             Descriptive statistics, including the amount of ransom requested, duration of the incident, and
                overall monetary cost to taxpayers of the incident;
             A detailed statistical analysis of the circumstances that led to the ransomware incident which
                does not include the name of the state agency or local government, network information, or
                system identifying information;
             Statistical analysis of the level of cybersecurity employee training and frequency of data backup
                for the state agencies or local governments that reported incidents;
             Specific issues identified with current policy, procedure, rule, or statute and recommendations to
                address those issues; and
             Other recommendations to prevent ransomware incidents.

         State Data Center

         In 2022, legislation moved the State Data Center (SDC) from FLDS to DMS, which now operates and
         maintains the SDC. The SDC provides data center services that comply with applicable state and
         federal laws, regulations, and policies, including all applicable security, privacy, and auditing
         requirements.38 The standards used by the SDC are created through the Information Technology
         Infrastructure Library (ITIL), the International Organization for Standardization, and the International
         Electrotechnical Commission (ISO/IEC) 20000, and the Project Management Institute’s (PMI) best
         practices.

         Northwest Regional Data Center

         The Northwest Regional Data Center (NWRDC) is the leading computing provider for educational and
         governmental communities in Florida. In 2022, NWRDC (located at Florida State University) was
         declared an official state data center, and the current SDC resources, contracts, and assets were
         transferred to NWRDC, through contract.39 This allows for NWRDC to provide services from the SDC

32 Under Florida law, an “advisory council” means an advisory body created by specific statutory enactment and appointed to func tion

on a continuing basis. Generally, an advisory council is enacted to study the problems arising in a specified functional or program area
of state government and to provide recommendations and policy alternatives. S. 20.03(7), F.S.; See also s. 20.052, F.S.
33 S. 282.319(1), F.S.
34 S. 282.319(2), F.S.
35 S. 282.319(3), F.S.
36 S. 282.319(9), F.S.
37 S. 282.319(10), F.S.
38 S. 282.201(1), F.S.
39 S. 282.201(5), F.S.

STORAGE NAME: h1511.ECC                                                                                                          PAGE: 5
DATE: 3/20/2023
        facility. The NWRDC offers services and 24/7 management support for various IT support solutions,
        including: public/private cloud services, backup and recovery, storage, managed services, Tallahassee
        fiber loop, Florida LambdaRail, MyFloridaNet, Florida Power and Light Fibernet, CenturyLink
        Connectivity, security services, multi-site colocation, and disaster recovery.40

        Cyber Incident Response

        The National Cyber Incident Response Plan (NCIRP) was developed according to the direction of
        Presidential Policy Directive (PPD)-41,41 by the U.S. Department of Homeland Security. The NCIRP is
        part of the broader National Preparedness System and establishes the strategic framework for a whole-
        of-Nation approach to mitigating, responding to, and recovering from cybersecurity incidents posing risk
        to critical infrastructure.42 The NCIRP was developed in coordination with federal, state, local, and
        private sector entities and is designed to interface with industry best practice standards for
        cybersecurity, including the NIST Cybersecurity Framework.

        The NCIRP adopted a common schema for describing the severity of cybersecurity incidents affecting
        the U.S. The schema establishes a common framework to evaluate and assess cybersecurity incidents
        to ensure that all departments and agencies have a common view of the severity of a given incident;
        urgency required for responding to a given incident; seniority level necessary for coordinating response
        efforts; and level of investment required for response efforts. 43

        The severity level of a cybersecurity incident in accordance with the NCIRP is determined as follows:
            Level 5: An emergency-level incident within the specified jurisdiction if the incident poses an
              imminent threat to the provision of wide-scale critical infrastructure services; national, state, or
              local security; or the lives of the country’s, state’s, or local government’s citizens.
            Level 4: A severe-level incident if the incident is likely to result in a significant impact within the
              affected jurisdiction which affects the public health or safety; national, state, or local security;
              economic security; or individual civil liberties.
            Level 3: A high-level incident if the incident is likely to result in a demonstrable impact in the
              affected jurisdiction to public health or safety; national, state, or local security; economic
              security; civil liberties; or public confidence.
            Level 2: A medium-level incident if the incident may impact public health or safety; national,
              state, or local security; economic security; civil liberties; or public confidence.
            Level 1: A low-level incident if the incident is unlikely to impact public health or safety; national,
              state, or local security; economic security; or public confidence. 44

        State agencies and local governments in Florida, must report all ransomware incidents and any
        cybersecurity incidents at severity levels three, four, and five incident as soon as possible, but no later
        than 48 hours after discovery of a cybersecurity incident and no later than 12 hours after discovery of a
        ransomware incident, to the Cybersecurity Operations Center (CSOC).45 The CSOC shall notify the
        President of the Senate and the Speaker of the House of Representatives of any severity level three,
        four, or five as soon as possible, but no later than 12 hours after receiving the incident report from the
        state agency or local government.46 For state agency incidents at severity levels one and two, they
        must report these to the CSOC and the Cybercrime Office at FDLE as soon as possible.47


40
   NWRDC: Florida’s Cloud Broker, Ab out Northwest Regional Data Center, at https://www.nwrdc.fsu.edu/about (last visited Mar. 15,
2023).
41 Annex for PPD-41: U.S. Cyb er Incident Coordination, available at: https://obamawhitehouse.archives.gov/the-press-

office/2016/07/26/annex-presidential-policy-directive-united-states-cyber-incident (last visited Mar. 15, 2023).
42 Cybersecurity & Infrastructure Security Agency, Cyb ersecurity Incident Response, available at

https://www.cisa.gov/topics/cybersecurity-best-practices/organizations-and-cyber-safety/cybersecurity-incident-
response#:~:text=%20National%20Cyber%20Incident%20Response%20Plan%20%28NCIRP%29%20The,incidents%20and%20how%
20those%20activities%20all%20fit%20together (last visited Mar. 15, 2023).
43 Id.
44 S. 282.318(3)(c)9.a, F.S.
45 S. 282.318(3)(c)9.c, F.S.
46 S. 282.318(3)(c)9.c.(II), F.S.
47 S. 282.318(3)(c)(9)(d), F.S.

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         The notification must include a high-level description of the incident and the likely effects. An incident
         report for a cybersecurity or ransomware incident by a state agency or local government must include,
         at a minimum:
               A summary of the facts surrounding the cybersecurity or ransomware incident;
               The date on which the state agency or local government most recently backed up its data, the
                  physical location of the backup, if the backup was affected, and if the backup was created
                  using cloud computing;
               The types of data compromised by the cybersecurity or ransomware incident;
               The estimated fiscal impact of the cybersecurity or ransomware incident;
               In the case of a ransomware incident, the details of the ransom demanded; and
               If the reporting entity is a local government, a statement requesting or declining assistance
                  from the CSOC, FDLE Cybercrime Office, or sheriff.48

         In addition, the CSOC must provide consolidated incident reports to the President of the Senate,
         Speaker of the House of Representatives, and the CAC on a quarterly basis.49 The consolidated
         incident reports to the CAC may not contain any state agency or local government name, network
         information, or system identifying information, but must contain sufficient relevant information to allow
         the CAC to fulfill its responsibilities.50

         Legislation passed in 2022 additionally requires state agencies and local governments to submit an
         after-action report to FLDS within one week of the remediation of a cybersecurity or ransomware
         incident.51 The report must summarize the incident, state the resolution, and any insights from the
         incident.

         Effect of the Bill

         The bill creates the “Florida Cyber Protection Act.”

         The bill shifts authorities related to cybersecurity governance that the Department of Management
         Services (DMS) has under current law to the FLDS. In doing so, the bill allows FLDS to make decisions
         and have oversight, without having to act through DMS. The bill explicitly gives FLDS the authority to
         respond to any state agency cybersecurity incident.

         The bill modifies the definition for “incident” to include anything that may “jeopardize the confidentiality,
         integrity, or availability of an information technology system or the information the system processes,
         stores, or transmits.” The definition of “ransomware” is amended to include incidents commonly referred
         to as “cyberextortion.”

         Under the bill, FLDS must create an operations committee. The committee is formed to develop
         collaborative efforts between agencies on cybersecurity issues. The CIO is to serve as the executive
         director of the committee which will be composed of:
              The Attorney General, or his or her designee;
              The Secretary of State, or his or her designee;
              The Executive director of the Department of Law Enforcement, or his or her designee;
              A representative from each state agency;
              A representative of the Florida State Guard; and
              A representative of the Florida National Guard.

         The bill changes the method by which the CIO is appointed, requiring the Governor to appoint the
         position subject to confirmation by the Senate. The bill removes the requirement that the CIO consult
         the Secretary of Management Services when appointing a state chief data officer.


48 S. 282.318(3)(c)9.b, F.S.
49 S. 282.318(3)(c)9.e, F.S.
50 Id.
51 S. 282.318(4)(k), F.S.

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DATE: 3/20/2023
       The bill reduces the cost threshold at which state agencies must report information technology projects
       to FLDS. Under the bill, state agencies must report such projects if the cost is $5 million or more.

       The bill shifts oversight of the state data center to FLDS, and with this shift, FLDS will receive full
       access to the state data center infrastructure. All of DMS’s responsibilities with the data center shift to
       FLDS, including appointing a director of the state data center.

       The bill also gives FLDS oversight for the Northwest Regional Data Center (NWRDC). Accordingly,
       NWRDC is to provide FLDS with access to information regarding operations of the state data center.

       Under the bill, FLDS must oversee any cybersecurity audit completed by a private sector vendor to
       ensure it meets applicable standards, processes, and timelines.

       The bill provides that state agencies shall report a ransomware or cybersecurity incident to FLDS, the
       CSOC, and the Cybercrime Office at FDLE as soon as possible, but no later than four hours after
       discovery of a cybersecurity incident and no later than two hours after discovery of a ransomware
       incident. Furthermore, the bill requires FLDS to notify the Governor, President of the Senate, and the
       Speaker of the House of any incident discovered by a state agency but not timely reported. The
       reporting requirement is for all severity levels of cyber incidents.

       The bill requires that when the CSOC notifies the President of the Senate and the Speaker of the
       House of Representatives of any level 3, 4, or 5 incident, the notification must be provided in a secure
       environment. The bill removes the requirement under current law that a state agency must report an
       incident determined to be of severity levels 1 or 2 to the CSOC and the Cybercrime Office at FDLE.

       The bill requires FLDS to provide cybersecurity briefings to members of any legislative committee or
       subcommittee responsible for policy matters relating to cybersecurity. Any legislative committee or
       subcommittee responsible for policy matters relating to cybersecurity may hold meetings closed by the
       respective legislative body at which the committee or subcommittee is briefed on records which are to
       be made confidential and exempt.

       The bill makes the state CIO a member of the Florida Cybersecurity Advisory Council (CAC), replacing
       the Secretary of Management Services. Members of any legislative committee or subcommittee
       responsible for policy matters relating to cybersecurity must be invited to and may attend meetings of
       the CAC. The bill provides that a meeting of the CAC at which two or more members of the Legislature
       are in attendance may not be construed as a meeting of a legislative committee or subcommittee or as
       a prearranged gathering between more than two members of the legislature where they are meeting to
       agree on a formal legislative action.

       The bill creates a new advisory council called the State Technology Advancement Council (STAC).
       STAC is created within the Executive Office of the Governor. The bill states that the purpose of STAC is
       to:
            Assist state agencies and advise the legislature on innovative technologies;
            Improve state technology project timelines;
            Develop efficient state technology processes;
            Assist in creation of development and testing environments that allow state entities to proof
               technology concepts before engaging in procurement and otherwise developing processes to
               reduce wasteful spending on inappropriate technology;
            Assist the Florida College System institutions and state universities with technology transfer
               processes; and
            Support research on and development of innovative technologies.

       Under the bill, the state CIO, or his or her designee, shall serve as the executive director of STAC.
       STAC is to be comprised of the following members appointed by the Governor:
           A person with senior level experience in cloud computing technology;
           An engineer;
           A person with senior level experience in the space industry;
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DATE: 3/20/2023
                     A data scientist; and
                     Other persons with relevant experience as determined by the Governor.

            The bill requires that members serve terms of four years except the first year. For the purposes of
            providing staggered terms, the initial appointments of two of the members appointed shall be for two
            years instead of four. All members of the council are eligible for reappointment. The state CIO shall
            serve as a non-voting member. Members shall serve without compensation but are entitled to receive
            reimbursement for per diem and travel expenses. The bill requires that members of STAC maintain the
            confidential or exempt status of information received in the performance of their duties and
            responsibilities as members of the STAC. The council shall meet at least quarterly.

            Beginning June 1, 2024, and annually on June 1 after STAC is created, the STAC must submit a report
            describing its activities and recommendations to the Governor, Senate President, and Speaker of the
            House of Representatives.

            The bill requires that invoices must be sent to FLDS rather than DMS under s.1004.649, F.S.

            Presumption Against Liability

            Present Situation

            Access to Courts

            The Florida Constitution broadly protects the right to access the courts, which "shall be open to every
            person for redress of any injury..."52 However, this constitutional right is not unlimited.

            In Kluger v. White,53 the Court stated that it would not completely prohibit the Legislature from altering a
            cause of action, but neither would it allow the Legislature "to destroy a traditional and long-standing cause
            of action upon mere legislative whim..." The takeaway from Kluger and other relevant case law is that the
            Legislature may:
                 Reduce the right to bring a cause of action as long as the right is not entirely abolished. 54
                 Abolish a cause of action that is not "traditional and long-standing"—that is, a cause of action that
                    did not exist at common law, and that did not exist in statute before the adoption of the Florida
                    Constitution's Declaration of Rights.55
                 Abolish a cause of action if the Legislature either:
                        o Provides a reasonable commensurate benefit in exchange; 56 or
                        o Shows an "overpowering public necessity for the abolishment of such right, and no
                            alternative method of meeting such public necessity can be shown." 57

            Tort Liability and Negligence


52
     Art. I, s. 21, Fla. Const.
53 Kluger, 281 So. 2d 1.
54 See Achord v. Osceola Farms Co., 52 So. 3d 699 (Fla. 2010).
55 See Anderson v. Gannett Comp., 994 So. 2d 1048 (Fla. 2008) (false light was not actionable under the common law); McPhail v.

Jenkins, 382 So. 2d 1329 (Fla. 1980) (wrongful death was not actionable under the common law); see also Kluger, 281 So. 2d at 4 ("We
hold, therefore, that where a right of access to the courts for redress for a particular injury has been provided by statutory law predating
the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common
law of the State . . . the Legislature is without power to abolish such a right without providing a reasonable alternative . . . unless the
Legislature can show an overpowering public necessity . . .").
56 Kluger, 281 So. 2d at 4; see Univ. of Miami v. Echarte, 618 So. 2d 189 (Fla. 1993) (upholding a statutory cap on medical malpractice

damages because the Legislature provided arbitration, which is a "commensurate benefit" for a claimant); accord Lasky v. State Farm
Ins. Co., 296 So. 2d 9 (Fla. 1974); b ut see Smith v. Dept. of Ins., 507 So. 2d 1080 (Fla. 1992) (striking down a noneconomic cap on
damages, which, while not wholly abolishing a cause of action, did not provide a commensurate benefit).
57 Kluger, 281 So. 2d at 4-5 (noting that in 1945, the Legislature abolished the right to sue for several causes of action, but successfully

demonstrated "the public necessity required for the total abolition of a right to sue") (citing Rotwein v. Gersten, 36 So. 2d 419 (Fla. 1948);
see Echarte, 618 So. 2d at 195 ("Even if the medical malpractice arbitration statutes at issue did not provide a commensurate benefit, we
would find that the statutes satisfy the second prong of Kluger which requires a legislative finding that an 'overpowering public necessity'
exists, and further that 'no alternative method of meeting such public necessity can be shown'").
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DATE: 3/20/2023
            A "tort" is a wrong for which the law provides a remedy. The purpose of tort law is to fairly compensate
            a person harmed by another person’s wrongful acts, whether intentional, reckless, or negligent, through
            a civil action or other comparable process. A properly-functioning tort system:
                 Provides a fair and equitable forum to resolve disputes;
                 Appropriately compensates legitimately harmed persons;
                 Shifts the loss to responsible parties;
                 Provides an incentive to prevent future harm; and
                 Deters undesirable behavior.58

            "Negligence" is a legal term for a type of tort action that is unintentionally committed. In a negligence
            action, the plaintiff is the party that brings the lawsuit, and the defendant is the party that defends
            against it. To prevail in a negligence lawsuit, a plaintiff must demonstrate that the:
                 Defendant had a legal duty of care requiring the defendant to conform to a certain standard of
                    conduct for the protection of others, including the plaintiff, against unreasonable risks;
                 Defendant breached his or her duty of care by failing to conform to the required standard;
                 Defendant’s breach caused the plaintiff’s injury; and
                 Plaintiff suffered actual damage or loss resulting from his or her injury. 59

            Courts distinguish varying degrees of civil negligence by using terms such as:

             Slight Negligence              The failure to exercise great care. This often applies to injuries caused by
                                            common carries charged with the duty to exercise the highest degree of
                                            care toward their passengers.60
             Ordinary Negligence            The failure to exercise that degree of care which an ordinary prudent person
                                            would exercise; or, in other words, a course of conduct which a reasonable
                                            and prudent person would know might possibly result in injury to others. 61
             Gross Negligence               A course of conduct which a reasonable and prudent person knows would
                                            probably and most likely result in injury to another.62 To prove gross
                                            negligence, a plaintiff must usually show that the defendant had knowledge
                                            or awareness of imminent danger to another and acted or failed to act with
                                            a conscious disregard for the consequences.63 Once proven, gross
                                            negligence may support a punitive64 damages award.65

            In Florida, before a court awards damages in a negligence action, the jury generally assigns a fault
            percentage to each party under the comparative negligence rule. Florida applies 66 a "pure" comparative
            negligence rule, which allows a plaintiff to recover damages proportional to his or her fault
            percentage.67 For example, if a plaintiff is 40 percent at fault for an accident causing the plaintiff’s injury
            and the defendant is 60 percent at fault, the plaintiff would recover 60 percent of his or her damages.

            The Florida Rules of Civil Procedure generally require a plaintiff in a civil action to file a complaint, and
            require a defendant to file an answer to the complaint. 68 Florida is a "fact-pleading jurisdiction." This

58
     Am. Jur. 2d Torts s. 2.
59 6 Florida Practice Series s. 1.1; see Barnett v. Dept. of Financial Services, 303 So. 3d 508 (Fla. 2020).
60 See Faircloth v. Hill, 85 So. 2d 870 (Fla. 1956); see also Holland America Cruises, Inc. v. Underwood, 470 So. 2d 19 (Fla. 2d DCA

1985); Werndli v. Greyhound Corp., 365 So. 2d 177 (Fla. 2d DCA 1978); 6 Florida Practice Series s. 1.2.
61 See De Wald v. Quarnstrom , 60 So. 2d 919 (Fla. 1952); see also Clements v. Deeb , 88 So. 2d 505 (Fla. 1956); 6 Florida Practice

Series s. 1.2.
62 See Clements, 88 So. 2d 505; 6 Florida Practice Series s. 1.2.
63 See Carraway v. Revell, 116 So. 2d 16 (Fla. 1959).
64 Punitive damages are awarded in addition to actual damages to punish a defendant for behavior considered especially harmful.

Florida generally caps punitive damage awards at $500,000 or triple the value of compensatory damages, whichever is greater, and
caps cases of intentional misconduct with a financial motivation at two million dollars or four times the amount of compensatory
damages, whichever is greater. S. 768.73(1), F.S.
65 See Glaab v. Caudill, 236 So. 2d 180 (Fla. 2d DCA 1970); 6 Florida Practice Series s. 1.2; s. 768.72(2), F.S.
66 The comparative negligence standard does not apply to any action brought to recover economic damages from pollution, based on

an intentional tort, or to which the joint and several liability doctrines is specifically applied in chs. 403 , 498, 517, 542, and 895, F.S. S.
768.81(4), F.S.
67 S. 768.81(2), F.S.; see Williams v. Davis, 974 So. 2d 1052 (Fla. 2007).
68 Fla. R. Civ. P. 1.100.

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         means that a pleading setting forth a claim for relief, including a complaint, must generally state a
         cause of action and contain a:
             Short and plain statement of the grounds on which the court’s jurisdiction depends, unless the
                court already has jurisdiction and the claim needs no new grounds to support it;
             Short and plain statement of the ultimate facts 69 showing the pleader is entitled to relief; and
             Demand for the relief to which the pleader believes he or she is entitled to.70

         However, certain allegations 71 must be plead with "particularity," which is a heightened level of pleading
         requiring a statement of facts sufficient to satisfy the elements of each claim.

         Burden of Proof and Presumptions

         The burden of proof is an obligation to prove a material fact in issue. 72 Generally, the party who asserts
         the material fact in issue has the burden of proof.73 In a civil proceeding, for example, the burden of
         proof is on the plaintiff to prove the allegations contained in his or her complaint. Further, a defendant in
         either a criminal or a civil proceeding has the burden to prove any affirmative defenses 74 he or she may
         raise in response to the charges or allegations. However, there are certain statutory and com mon law
         presumptions 75 that may shift the burden of proof from the party asserting the material fact in issue to
         the party defending against such fact.76 These presumptions remain in effect following the introduction
         of evidence rebutting the presumption, and the factfinder must decide if such evidence is strong
         enough to overcome the presumption.77 A presumption is a legal inference that can be made with
         knowing certain facts. Most presumptions are able to be rebutted, if proven to be false or thrown into
         sufficient doubt by the evidence.78

         Cybersecurity Standards

         Per Florida law, local governments are required to adopt cybersecurity standards that safeguard the
         local government’s data, information technology, and information technology resources to ensure
         availability, confidentiality, and integrity.79 The standards must be consistent with generally accepted
         best practices for cybersecurity, including the NIST cybersecurity framework. 80 Once the standards are
         adopted, each local government is to notify FLDS as soon as possible.81

         The National Institute for Standards and Technology (NIST) is a non-regulatory federal agency housed
         within the U.S. Department of Commerce. NIST is charged with providing a prioritized, flexible,
         repeatable, performance-based, and cost-effective framework that helps owners and operators of
         critical infrastructure identify, assess, and manage cyber risk. While the framework was developed with
         critical infrastructure in mind, it can be used by organizations in any sector of the econom y or society.82
         The framework is designed to complement, and not replace, an organization’s own unique approach to
         cybersecurity risk management. As such, there are a variety of ways to use the framework and the

69 Ultimate facts are facts that must be accepted for a claim to prevail, usually inferred from a number o f supporting evidentiary facts,

which themselves are facts making other facts more probable. See Legal Information Institute, Ultimate Fact,
https://www.law.cornell.edu/wex/ultimate_fact (last visited Mar. 16, 2023); see also Legal Information Institute, Evidentiary Facts,
https://www.law.cornell.edu/wex/evidentiary_fact (last visited Mar. 16, 2023).
70 See Goldschmidt v. Holman, 571 So. 2d 422 (Fla. 1990); Fla. R. Civ. P. 1.110.
71 These allegations include fraud, mistake, condition of the mind, and denial of performance or occurrence. Fla. R. Civ. P. 1.1 20(b),(c).
72 5 Florida Practice Series s. 16:1.
73 Id.; see Berg v. Bridle Path Homeowners Ass’n, Inc., 809 So. 2d 32 (Fla. 4th DCA 2002).
74
   An affirmative defense is a defense which, if proven, negates criminal or civil liability even if it is proven that the defen dant committed
the acts alleged. Examples include self-defense, entrapment, insanity, necessity, and respondeat superior. Legal Information Institute,
Affirmative Defense, https://www.law.cornell.edu/wex/affirmative_defense (last visited Mar. 16, 2021).
75 These presumptions tend to be social policy expressions, such as the presumption that all people are sane or that all children born in

wedlock are legitimate. 5 Florida Practice Series s. 16:1.
76 5 Florida Practice Series s. 16:1.
77 Id.
78 Legal Information Institute, Presumption, https://www.law.cornell.edu/wex/presumption (last visited Mar. 16, 2023).
79 S.282.3185(4)(a), F.S.
80 Id.
81 S.282.3185(4)(d), F.S.
82 National Institute of Standards and Technology, Framework for Improving Critical Infrastructure Cyb ersecurity,

https://nvlpubs.nist.gov/nistpubs/CSWP/NIST.CSWP.04162018.pdf (last visited March 7, 202 3).
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DATE: 3/20/2023
         decision about how to apply it is left to the implementing organization. For example, an organization
         may use its current processes and consider the framework to identify opportunities to strengthen its
         cybersecurity risk management. The framework, overall, provides an outline of best practices that helps
         organizations decide where to focus resources for cybersecurity protection. 83 Other cybersecurity
         standards include:

          NIST special publication 800-171           Provides recommended requirements for protecting the
                                                     confidentiality of controlled unclassified information. If a
                                                     manufacturer is part of a Department of Defense, General
                                                     Services Administration, NASA, or other state or federal
                                                     agency supply chain then they must comply with these security
                                                     requirements.84
          NIST special publications 800-53           A category of security and privacy controls. Covers the steps in
          and 800-53A                                the Risk Management Framework that address security
                                                     controls for federal information systems.85
          The Federal Risk and                       Organization established by the General Services
          Authorization Management                   Administration (a Federal Government Program) that provides
          Program security assessment                U.S. federal agencies, state agencies, and their vendors with a
          framework                                  standardized set of best practices to assess, adopt, and
                                                     monitor the use of cloud-based technology services under the
                                                     Federal Information Security Management Act (FISMA).86
          CIS Critical Security Controls             The Center for Internet Security Critical Security Controls (CIS)
                                                     are a prescriptive and simplified set of best practices for
                                                     strengthening cybersecurity for different organizations. CIS was
                                                     created in response to extreme data losses experienced by
                                                     organizations in the U.S. defense industrial base.87
          The International Organization             ISO/IEC 27001 (ISO) enables organizations of all sectors to
          for Standardization/International          manage security of financial information, intellectual property,
          Electrotechnical Commission                employee data and information entrusted by third parties. ISO
          27000 – series family of                   has auditors and is an international standard. There are 804
          standards
                                                     technical committees and subcommittees concerned with such
                                                     standards of development.88


         Effect of the Bill

         The bill provides a presumption against liability for events connected to a cybersecurity incident. Under
         the bill:
              A county or municipality that substantially complies with s. 282.3185, F.S., shall gain a
                   presumption against liability.



83 Id.
84
   NIST, What is the NIST SP 800-171 and Who Needs to Follow It?, https://www.nist.gov/blogs/manufacturing-innovation-blog/what-
nist-sp-800-171-and-who-needs-follow-it-0#:~:text=NIST%20SP%20800-
171%20is%20a%20NIST%20Special%20Publication,protecting%20the%20confidentiality%20of%20controlled%20unclassified%20infor
mation%20%28CUI%29 (last visited Mar. 15, 2023).
85 NIST, Selecting Security and Privacy Controls: Choosing the Right Approach , https://www.nist.gov/blogs/cybersecurity-

insights/selecting-security-and-privacy-controls-choosing-right-approach (last visited Mar. 16, 2023).
86 Reciprocity, How State and Local Agencies Can Use FedRAMP, https://reciprocity.com/how-state-and-local-agencies-can-use-

fedramp/#:~:text=The%20Federal%20Risk%20and%20Authorization%20Management%20Program%20%28FedRAMP%29,cloud%20p
roducts%20offered%20by%20cloud%20service%20providers%20%28CSPs%29 (last visited Mar. 16, 2023).
87 CIS Security, CIS Critical Security Controls, https://www.cisecurity.org/controls (last visited Mar. 16, 2023).
88 ITGovernance, ISO 27001, The International Security Standard,

https://www.itgovernanceusa.com/iso27001#:~:text=ISO%2027001%20is%20a%20globally%20recognized%20information%20security,
trusted%20benchmark.%20Protect%20your%20data%2C%20wherever%20it%20lives (last visited Mar. 16, 2023).
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DATE: 3/20/2023
              A sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other
               commercial entity acquires, maintains, stores, or uses personal information shall gain a
               presumption against liability if the entity substantially complies with s. 501.171, F.S., and has
               adopted a cybersecurity program that substantially aligns with the current version of any of the
               following:
                     National Institute of Standards and Technology (NIST) Framework for Improving Critical
                        Infrastructure Cybersecurity.
                     NIST special publication 800-171.
                     NIST special publications 800-53 and 800-53A.
                     The Federal Risk and Authorization Management Program security assessment
                        framework.
                     CIS Critical Security Controls
                     The International Organization for Standardization/International Electrotechnical
                        Commission 27000 – series family of standards; or
                     If the entity is regulated by the state or Federal Government, or both, or if otherwise
                        subject to the requirements of any of the following laws and regulations, it must
                        substantially comply its cybersecurity program to the current version of:
                             o The security requirements of the Health Insurance Portability and Accountability
                                Act of 1996;
                             o Title V of the Gramm-Leach-Bliley Act of 1999 as amended;
                             o The Federal Information Security Modernization Act of 2014; or
                             o The Health Information Technology for Economic and Clinical Health Act.

       A commercial entity that substantially complies with a combination of industry-recognized cybersecurity
       frameworks or standards, including the payment card industry data security standard, gains a
       presumption against liability, and must adopt the revised frameworks or standards within 1 year after
       the latest publication date stated in the revisions.

       The bill does not establish a private cause of action. It provides that a failure of a county, municipality,
       or commercial entity to substantially implement a cybersecurity program that would allow it to gain a
       presumption against liability under the bill is not evidence of negligence and does not constitute
       negligence per se.

       The bill provides that the act shall take effect July 1, 2023

   B. SECTION DIRECTORY:
       Section 1:     Provides a short title for the act.
       Section 2:     Amends s. 282.0041, F.S., relating to definitions.
       Section 3:     Amends s. 282.0051, F.S. relating to DMS; FLDS; powers, duties, and functions.
       Section 4:     Amends s. 282.201, F.S., relating to the State Data Center.
       Section 5:     Amends s. 282.318, F.S., relating to cybersecurity.
       Section 6:     Amends s. 282.3185, F.S., relating to local government cybersecurity.
       Section 7:     Amends and adds to s. 282.319, F.S., relating to Florida Cybersecurity Advisory Council.
       Section 8:     Creates s. 282.3195, F.S., creating a State Technology Advancement Council.
       Section 9:     Creates s. 768.401, F.S., creating a presumption against liability.
       Section 10:    Amends s. 1004.649, F.S., relating to the Northwest Regional Data Center.
       Section 11:    Provides an effective date of July 1, 2023.

                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

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DATE: 3/20/2023
       1. Revenues:
           None.

       2. Expenditures:
           The bill may impose additional expenditures on FLDS, as many oversight tasks shift to FLDS.
           Additionally, the per diem expenses of the newly created State Technology Advancement Council
           may result in increased expenditures.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.


   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

          Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditures of funds; reduce the authority that counties or municipalities have
          to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
           None.

   B. RULE-MAKING AUTHORITY:
       The bill shifts the authority to adopt rules relating to cybersecurity and the administration of s. 282.318,
       F.S., from DMS to FLDS.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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           HB 1511                                                                                               2023




    1                                         A bill to be entitled
    2                An act relating to cybersecurity; providing a short
    3                title; amending s. 282.0041, F.S.; revising
    4                definitions; amending s. 282.0051, F.S.; clarifying
    5                the powers, duties, and functions of the Florida
    6                Digital Service; revising the cost threshold of state
    7                agency information technology projects for which the
    8                Florida Digital Service must perform project
    9                oversight; requiring the Florida Digital Service to
10                   establish an operations committee for a certain
11                   purpose and composed of certain members; requiring the
12                   Governor to appoint a state chief information officer
13                   subject to confirmation by the Senate; conforming
14                   provisions to changes made by the act; amending s.
15                   282.201, F.S.; requiring the Florida Digital Service
16                   to oversee the state data center; requiring the
17                   Florida Digital Service to be provided with full
18                   access to state data center infrastructure; requiring
19                   the Northwest Regional Data Center to provide the
20                   Florida Digital Service with access to certain
21                   information; conforming provisions to changes made by
22                   the act; amending s. 282.318, F.S.; clarifying the
23                   authority of the Florida Digital Service; requiring
24                   the Florida Digital Service to oversee certain
25                   cybersecurity audits; requiring a state agency to

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26                report ransomware and cybersecurity incidents within a
27                certain time period; requiring the Florida Digital
28                Service to notify the Governor and Legislature of
29                certain incidents; providing that certain notification
30                must be provided in a secure environment; requiring
31                the Florida Digital Service to provide cybersecurity
32                briefings to certain legislative committees;
33                authorizing the Florida Digital Service to respond to
34                certain cybersecurity incidents; authorizing certain
35                legislative committees to hold closed meetings to
36                receive certain briefings; requiring such committees
37                to maintain the confidential and exempt status of
38                certain records; amending s. 282.3185, F.S.; requiring
39                a local government to report ransomware and
40                cybersecurity incidents within a certain time period;
41                requiring the Florida Digital Service to notify the
42                Governor and Legislature of certain incidents;
43                providing that certain notification must be provided
44                in a secure environment; amending s. 282.319, F.S.;
45                revising the membership of the Florida Cybersecurity
46                Advisory Council; providing that members of certain
47                legislative committees must be invited to and may
48                attend meetings of the council; providing
49                construction; creating s. 282.3195, F.S.; creating the
50                State Technology Advancement Council within the

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51                Executive Office of the Governor; providing for the
52                purpose, membership, terms of office, and meetings of
53                the council and members; providing requirements for
54                members relating to confidential and exempt
55                information and certain agreements; requiring the
56                council to submit an annual report to the Governor and
57                Legislature beginning on a specified date; creating s.
58                768.401, F.S.; providing a presumption against
59                liability in connection with a cybersecurity incident
60                for a county, municipality, or commercial entity that
61                complies with certain requirements; requiring certain
62                entities to adopt certain revised frameworks or
63                standards within a specified time period; providing
64                that a private cause of action is not established;
65                providing that certain failures are not evidence of
66                negligence and do not constitute negligence per se;
67                amending s. 1004.649, F.S.; conforming provisions to
68                changes made by the act; providing an effective date.
69
70      Be It Enacted by the Legislature of the State of Florida:
71
72                Section 1.       This act may be cited as the "Florida Cyber
73      Protection Act."
74                Section 2.       Subsections (1), (7), (19), and (28) of section
75      282.0041, Florida Statutes, are amended to read:

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 76                282.0041          Definitions.—As used in this chapter, the term:
 77                (1)        "Agency assessment" means the amount each customer
 78      entity must pay annually for services from the Florida Digital
 79      Service Department of Management Services and includes
 80      administrative and data center services costs.
 81                (7)        "Customer entity" means an entity that obtains
 82      services from the Florida Digital Service Department of
 83      Management Services.
 84                (19)       "Incident" means a violation or an imminent threat of
 85      violation, whether such violation is accidental or deliberate,
 86      of information technology resources, security, policies, or
 87      practices which may jeopardize the confidentiality, integrity,
 88      or availability of an information technology system or the
 89      information the system processes, stores, or transmits. An
 90      imminent threat of violation refers to a situation in which a
 91      state agency, county, or municipality has a factual basis for
 92      believing that a specific incident is about to occur.
 93                (28)       "Ransomware incident" means a malicious cybersecurity
 94      incident in which a person or an entity introduces software that
 95      gains unauthorized access to or encrypts, modifies, or otherwise
 96      renders unavailable a state agency's, county's, or
 97      municipality's data and thereafter the person or entity demands
 98      a ransom to prevent the publication of the data, restore access
 99      to the data, or otherwise remediate the impact of the software.
100      Such incidents are commonly referred to as cyberextorti on.

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101                Section 3.        Section 282.0051, Florida Statutes, is amended
102      to read:
103                282.0051         Department of Management Services; Florida
104      Digital Service; powers, duties, and functions.—
105                (1)       The Florida Digital Service is has been created within
106      the department to propose innovative solutions that securely
107      modernize state government, including technology and information
108      services, to achieve value through digital transformation and
109      interoperability, and to fully support the cloud-first policy as
110      specified in s. 282.206. The department, through the Florida
111      Digital Service, shall have the following powers, duties, and
112      functions:
113                (a)       Develop and publish information technology policy for
114      the management of the state's information technology resources.
115                (b)       Develop an enterprise architecture that:
116                1.    Acknowledges the unique needs of the entities within
117      the enterprise in the development and publication of standards
118      and terminologies to facilitate digital interoperability;
119                2.    Supports the cloud-first policy as specified in s.
120      282.206; and
121                3.    Addresses how information technology infrastructure may
122      be modernized to achieve cloud-first objectives.
123                (c)       Establish project management and oversight standards
124      with which state agencies must comply when implementing
125      information technology projects. The department, acting through

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126      the Florida Digital Service, shall provide training
127      opportunities to state agencies to assist in the adoption of the
128      project management and oversight standards. To support data-
129      driven decisionmaking, the standards must include, but are not
130      limited to:
131                1.    Performance measurements and metrics that objectively
132      reflect the status of an information technology project based on
133      a defined and documented project scope, cost, and schedule.
134                2.    Methodologies for calculating acceptable variances in
135      the projected versus actual scope, schedule, or cost of an
136      information technology project.
137                3.    Reporting requirements, including requirements designed
138      to alert all defined stakeholders that an information technology
139      project has exceeded acceptable variances defined and documented
140      in a project plan.
141                4.    Content, format, and frequency of project updates.
142                5.    Technical standards to ensure an information technology
143      project complies with the enterprise architecture.
144                (d)       Perform project oversight on all state agency
145      information technology projects that have total project costs of
146      $5 $10 million or more and that are funded in the General
147      Appropriations Act or any other law. The department, acting
148      through the Florida Digital Service, shall report at least
149      quarterly to the Executive Office of the Governor, the President
150      of the Senate, and the Speaker of the House of Representatives

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151      on any information technology project that the Florida Digital
152      Service department identifies as high-risk due to the project
153      exceeding acceptable variance ranges defined and documented in a
154      project plan. The report must include a risk assessment,
155      including fiscal risks, associated with proceeding to the next
156      stage of the project, and a recommendation for corrective
157      actions required, including suspension or termination of the
158      project.
159                (e)       Identify opportunities for standardization and
160      consolidation of information technology services that support
161      interoperability and the cloud-first policy, as specified in s.
162      282.206, and business functions and operations, including
163      administrative functions such as purchasing, accounting and
164      reporting, cash management, and personnel, and that are common
165      across state agencies. The department, acting through the
166      Florida Digital Service, shall biennially on January 1 of each
167      even-numbered year provide recommendations for standardization
168      and consolidation to the Executive Office of the Governor, the
169      President of the Senate, and the Speaker of the House of
170      Representatives.
171                (f)       Establish best practices for the procurement of
172      information technology products and cloud-computing services in
173      order to reduce costs, increase the quality of data center
174      services, or improve government services.
175                (g)       Develop standards for information technology reports

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176      and updates, including, but not limited to, operational work
177      plans, project spend plans, and project status reports, for use
178      by state agencies.
179                (h)       Upon request, assist state agencies in the development
180      of information technology-related legislative budget requests.
181                (i)       Conduct annual assessments of state agencies to
182      determine compliance with all information technology standards
183      and guidelines developed and published by the Florida Digital
184      Service department and provide results of the assessments to the
185      Executive Office of the Governor, the President of the Senate,
186      and the Speaker of the House of Representatives.
187                (j)       Conduct a market analysis not less frequently than
188      every 3 years beginning in 2021 to determine whether the
189      information technology resources within the enterprise are
190      utilized in the most cost-effective and cost-efficient manner,
191      while recognizing that the replacement of certain legacy
192      information technology systems within the enterprise may be cost
193      prohibitive or cost inefficient due to the remaining useful life
194      of those resources; whether the enterprise is complying with the
195      cloud-first policy specified in s. 282.206; and whether the
196      enterprise is utilizing best practices with respect to
197      information technology, information services, and the
198      acquisition of emerging technologies and information services.
199      Each market analysis shall be used to prepare a strategic plan
200      for continued and future information technology and information

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         HB 1511                                                                                               2023




201      services for the enterprise, including, but not limited to,
202      proposed acquisition of new services or technologies and
203      approaches to the implementation of any new services or
204      technologies. Copies of each market analysis and accompanying
205      strategic plan must be submitted to the Executive Office of the
206      Governor, the President of the Senate, and the Speaker of the
207      House of Representatives not later than December 31 of each year
208      that a market analysis is conducted.
209                (k)       Recommend other information technology services that
210      should be designed, delivered, and managed as enterprise
211      information technology services. Recommendations must include
212      the identification of existing information technology resources
213      associated with the services, if existing services must be
214      transferred as a result of being delivered and managed as
215      enterprise information technology services.
216                (l)       In consultation with state agencies, propose a
217      methodology and approach for identifying and collecting both
218      current and planned information technology expenditure data at
219      the state agency level.
220                (m)1.      Notwithstanding any other law, provide project
221      oversight on any information technology project of the
222      Department of Financial Services, the Department of Legal
223      Affairs, and the Department of Agriculture and Consumer Services
224      which has a total project cost of $20 million or more. Such
225      information technology projects must also comply with the

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226      applicable information technology architecture, project
227      management and oversight, and reporting standards established by
228      the department, acting through the Florida Digital Service.
229                2.    When performing the project oversight function
230      specified in subparagraph 1., report at least quarterly to the
231      Executive Office of the Governor, the President of the Senate,
232      and the Speaker of the House of Representatives on any
233      information technology project that the department, acting
234      through the Florida Digital Service, identifies as high-risk due
235      to the project exceeding acceptable variance ranges defined and
236      documented in the project plan. The report shall include a risk
237      assessment, including fiscal risks, associated with proceeding
238      to the next stage of the project and a recommendation for
239      corrective actions required, including suspension or termination
240      of the project.
241                (n)       If an information technology project implemented by a
242      state agency must be connected to or otherwise accommodated by
243      an information technology system administered by the Department
244      of Financial Services, the Department of Legal Affairs, or the
245      Department of Agriculture and Consumer Services, consult wit h
246      these departments regarding the risks and other effects of such
247      projects on their information technology systems and work
248      cooperatively with these departments regarding the connections,
249      interfaces, timing, or accommodations required to implement such
250      projects.

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251                (o)       If adherence to standards or policies adopted by or
252      established pursuant to this section causes conflict with
253      federal regulations or requirements imposed on an entity within
254      the enterprise and results in adverse action against an entity
255      or federal funding, work with the entity to provide alternative
256      standards, policies, or requirements that do not conflict with
257      the federal regulation or requirement. The department, acting
258      through the Florida Digital Service, shall annually report such
259      alternative standards to the Executive Office of the Governor,
260      the President of the Senate, and the Speaker of the House of
261      Representatives.
262                (p)1.      Establish an information technology policy for all
263      information technology-related state contracts, including state
264      term contracts for information technology commodities,
265      consultant services, and staff augmentation services. The
266      information technology policy must include:
267                a.    Identification of the information technology product
268      and service categories to be included in state term contracts.
269                b.    Requirements to be included in solicitations for state
270      term contracts.
271                c.    Evaluation criteria for the award of information
272      technology-related state term contracts.
273                d.    The term of each information technology-related state
274      term contract.
275                e.    The maximum number of vendors authorized on each state

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276      term contract.
277                f.    At a minimum, a requirement that any contract for
278      information technology commodities or services meet the National
279      Institute of Standards and Technology Cybersecurity Framework.
280                g.    For an information technology project wherein project
281      oversight is required pursuant to paragraph (d) or paragraph
282      (m), a requirement that independent verification and validation
283      be employed throughout the project life cycle with the prima ry
284      objective of independent verification and validation being to
285      provide an objective assessment of products and processes
286      throughout the project life cycle. An entity providing
287      independent verification and validation may not have technical,
288      managerial, or financial interest in the project and may not
289      have responsibility for, or participate in, any other aspect of
290      the project.
291                2.    Evaluate vendor responses for information technology -
292      related state term contract solicitations and invitations to
293      negotiate.
294                3.    Answer vendor questions on information technology -
295      related state term contract solicitations.
296                4.    Ensure that the information technology policy
297      established pursuant to subparagraph 1. is included in all
298      solicitations and contracts that are administratively executed
299      by the department.
300                (q)       Recommend potential methods for standardizing data

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301      across state agencies which will promote interoperability and
302      reduce the collection of duplicative data.
303                (r)       Recommend open data technical standards and
304      terminologies for use by the enterprise.
305                (s)       Ensure that enterprise information technology
306      solutions are capable of utilizing an electronic credential and
307      comply with the enterprise architecture standards.
308                (t)       Establish an operations committee that shall meet as
309      necessary for the purpose of developing collaborative efforts
310      between agencies and other governmental entities relating to
311      cybersecurity issues, including the coordination of response
312      efforts relating to cybersecurity incidents and issues relating
313      to the interoperability of agency projects. The state chief
314      information security officer shall serve as the executive
315      director of the committee. The committee shall be composed of
316      the following members:
317                1.    The Attorney General, or his or her designee.
318                2.    The Secretary of State, or his or her designee.
319                3.    The executive director of the Department of Law
320      Enforcement, or his or her designee.
321                4.    A representative of each state agency.
322                5.    A representative of the Florida State Guard.
323                6.    A representative of the Florida National Guard.
324                (2)(a)      The Governor shall appoint Secretary of Management
325      Services shall designate a state chief information officer,

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326      subject to confirmation by the Senate, who shall administer the
327      Florida Digital Service. The state chief information officer,
328      before prior to appointment, must have at least 5 years of
329      experience in the development of information system strategic
330      planning and development or information technology policy, and,
331      preferably, have leadership-level experience in the design,
332      development, and deployment of interoperable software and data
333      solutions.
334                (b)       The state chief information officer, in consultation
335      with the Secretary of Management Services, shall designate a
336      state chief data officer. The chief data officer must be a
337      proven and effective administrator who must have significant and
338      substantive experience in data management, data governance,
339      interoperability, and security.
340                (3)       The department, acting through the Florida Digital
341      Service, and from funds appropriated to the Florida Digital
342      Service, shall:
343                (a)       Create, not later than December 1, 2022, and maintain
344      a comprehensive indexed data catalog in collaboration with the
345      enterprise that lists the data elements housed within the
346      enterprise and the legacy system or application in which these
347      data elements are located. The data catalog must, at a minimum,
348      specifically identify all data that is restricted from public
349      disclosure based on federal or state laws and regulations and
350      require that all such information be protected in accordance

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351      with s. 282.318.
352                (b)       Develop and publish, not later than December 1, 2022,
353      in collaboration with the enterprise, a data dictionary for each
354      agency that reflects the nomenclature in the comprehensive
355      indexed data catalog.
356                (c)       Adopt, by rule, standards that support the creation
357      and deployment of an application programming interface to
358      facilitate integration throughout the enterprise.
359                (d)       Adopt, by rule, standards necessary to facilitate a
360      secure ecosystem of data interoperability that is compliant with
361      the enterprise architecture.
362                (e)       Adopt, by rule, standards that facilitate the
363      deployment of applications or solutions to the existing
364      enterprise system in a controlled and phased approach.
365                (f)       After submission of documented use cases developed in
366      conjunction with the affected agencies, assist the affected
367      agencies with the deployment, contingent upon a specific
368      appropriation therefor, of new interoperable applications and
369      solutions:
370                1.    For the Department of Health, the Agency for Health
371      Care Administration, the Agency for Persons with Disabilities,
372      the Department of Education, the Department of Elderly Affairs,
373      and the Department of Children and Families.
374                2.    To support military members, veterans, and their
375      families.

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376                (4)       For information technology projects that have a total
377      project costs cost of $5 $10 million or more:
378                (a)       State agencies must provide the Florida Digital
379      Service with written notice of any planned procurement of an
380      information technology project.
381                (b)       The Florida Digital Service must participate in the
382      development of specifications and recommend modifications to any
383      planned procurement of an information technology project by
384      state agencies so that the procurement complies with the
385      enterprise architecture.
386                (c)       The Florida Digital Service must participate in post-
387      award contract monitoring.
388                (5)       The department, acting through the Florida Digital
389      Service, may not retrieve or disclose any data without a shared -
390      data agreement in place between the department and the
391      enterprise entity that has primary custodial responsibility of,
392      or data-sharing responsibility for, that data.
393                (6)       The department, acting through the Florida Digital
394      Service, shall adopt rules to administer this section.
395                Section 4.       Section 282.201, Florida Statutes, is amended
396      to read:
397                282.201      State data center.—The state data center is
398      established within the department and shall be overseen by the
399      Florida Digital Service. The provision of data center services
400      must comply with applicable state and federal laws, regulations,

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401      and policies, including all applicable security, privacy, and
402      auditing requirements. The Florida Digital Service department
403      shall appoint a director of the state data center who has
404      experience in leading data center facilities and has expertise
405      in cloud-computing management. The Florida Digital Service shall
406      be provided with full access to state data center
407      infrastructure.
408                (1)       STATE DATA CENTER DUTIES.—The state data center shall:
409                (a)       Offer, develop, and support the services and
410      applications defined in service-level agreements executed with
411      its customer entities.
412                (b)       Maintain performance of the state data center by
413      ensuring proper data backup; data backup recovery; disaster
414      recovery; and appropriate security, power, cooling, fire
415      suppression, and capacity.
416                (c)       Develop and implement business continuity and disaster
417      recovery plans, and annually conduct a live exercise of each
418      plan.
419                (d)       Enter into a service-level agreement with each
420      customer entity to provide the required type and level of
421      service or services. If a customer entity fails to execute an
422      agreement within 60 days after commencement of a service, the
423      state data center may cease service. A service-level agreement
424      may not have a term exceeding 3 years and at a minimum must:
425                1.    Identify the parties and their roles, duties, and

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426      responsibilities under the agreement.
427                2.    State the duration of the contract term and specify the
428      conditions for renewal.
429                3.    Identify the scope of work.
430                4.    Identify the products or services to be delivered with
431      sufficient specificity to permit an external financial or
432      performance audit.
433                5.    Establish the services to be provided, the business
434      standards that must be met for each service, the cost of each
435      service by agency application, and the metrics and processes by
436      which the business standards for each service are to be
437      objectively measured and reported.
438                6.    Provide a timely billing methodology to recover the
439      costs of services provided to the customer entity pursuant to s.
440      215.422.
441                7.    Provide a procedure for modifying the service-level
442      agreement based on changes in the type, level, and cost of a
443      service.
444                8.    Include a right-to-audit clause to ensure that the
445      parties to the agreement have access to records for audit
446      purposes during the term of the service-level agreement.
447                9.    Provide that a service-level agreement may be
448      terminated by either party for cause only after giving the other
449      party and the Florida Digital Service department notice in
450      writing of the cause for termination and an opportunity for the

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451      other party to resolve the identified cause within a reasonable
452      period.
453                10.       Provide for mediation of disputes by the Division of
454      Administrative Hearings pursuant to s. 120.573.
455                (e)       For purposes of chapter 273, be the custodian of
456      resources and equipment located in and operated, supported, and
457      managed by the state data center.
458                (f)       Assume administrative access rights to resources and
459      equipment, including servers, network components, and other
460      devices, consolidated into the state data center.
461                1.    Upon consolidation, a state agency shall relinquish
462      administrative rights to consolidated resources and equipment.
463      State agencies required to comply with federal and state
464      criminal justice information security rules and policies shall
465      retain administrative access rights sufficient to comply with
466      the management control provisions of those rules and policies;
467      however, the state data center shall have the appropriate type
468      or level of rights to allow the center to comply with its duties
469      pursuant to this section. The Department of Law Enforcement
470      shall serve as the arbiter of disputes pertaining to the
471      appropriate type and level of administrative access rights
472      pertaining to the provision of management control in accordance
473      with the federal criminal justice information guidelines.
474                2.    The state data center shall provide customer entities
475      with access to applications, servers, network components, and

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476      other devices necessary for entities to perform business
477      activities and functions, and as defined and documented in a
478      service-level agreement.
479                (g)       In its procurement process, show preference for cloud -
480      computing solutions that minimize or do not require the
481      purchasing, financing, or leasing of state data center
482      infrastructure, and that meet the needs of customer agencies,
483      that reduce costs, and that meet or exceed the applicable state
484      and federal laws, regulations, and standards for cybersecurity.
485                (h)       Assist customer entities in transitioning from state
486      data center services to the Northwest Regional Data Center or
487      other third-party cloud-computing services procured by a
488      customer entity or by the Northwest Regional Data Center on
489      behalf of a customer entity.
490                (2)       USE OF THE STATE DATA CENTER.—The following are exempt
491      from the use of the state data center: the Department of Law
492      Enforcement, the Department of the Lottery's Gaming System,
493      Systems Design and Development in the Office of Policy and
494      Budget, the regional traffic management centers as described in
495      s. 335.14(2) and the Office of Toll Operations of the Department
496      of Transportation, the State Board of Administration, state
497      attorneys, public defenders, criminal conflict and civil
498      regional counsel, capital collateral regional counsel, and the
499      Florida Housing Finance Corporation.
500                (3)       AGENCY LIMITATIONS.—Unless exempt from the use of the

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501      state data center pursuant to this section or authorized by the
502      Legislature, a state agency may not:
503                (a)       Create a new agency computing facility or data center,
504      or expand the capability to support additional computer
505      equipment in an existing agency computing facility or data
506      center; or
507                (b)       Terminate services with the state data center without
508      giving written notice of intent to terminate services 180 days
509      before such termination.
510                (4)       FLORIDA DIGITAL SERVICE DEPARTMENT RESPONSIBILITIES.—
511      The Florida Digital Service department shall provide operational
512      management and oversight of the state data center, which
513      includes:
514                (a)       Implementing industry standards and best practices for
515      the state data center's facilities, operations, maintenance,
516      planning, and management processes.
517                (b)       Developing and implementing cost-recovery mechanisms
518      that recover the full direct and indirect cost of services
519      through charges to applicable customer entities. Such cost -
520      recovery mechanisms must comply with applicable state and
521      federal regulations concerning distribution and use of funds and
522      must ensure that, for any fiscal year, no service or customer
523      entity subsidizes another service or customer entity. The
524      Florida Digital Service department may recommend other payment
525      mechanisms to the Executive Office of the Governor, the

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526      President of the Senate, and the Speaker of the House of
527      Representatives. Such mechanisms may be implemented only if
528      specifically authorized by the Legislature.
529                (c)       Developing and implementing appropriate operating
530      guidelines and procedures necessary for the state data center to
531      perform its duties pursuant to subsection (1). The guidelines
532      and procedures must comply with applicable state and federal
533      laws, regulations, and policies and conform to generally
534      accepted governmental accounting and auditing standards. The
535      guidelines and procedures must include, but need not be limited
536      to:
537                1.    Implementing a consolidated administrative support
538      structure responsible for providing financial management,
539      procurement, transactions involving real or personal property,
540      human resources, and operational support.
541                2.    Implementing an annual reconciliation process to ensure
542      that each customer entity is paying for the full direct and
543      indirect cost of each service as determined by the customer
544      entity's use of each service.
545                3.    Providing rebates that may be credited against future
546      billings to customer entities when revenues exceed costs.
547                4.    Requiring customer entities to validate that sufficient
548      funds exist before implementation of a customer entity's request
549      for a change in the type or level of service provided, if such
550      change results in a net increase to the customer entity's cost

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551      for that fiscal year.
552                5.    By November 15 of each year, providing to the Office of
553      Policy and Budget in the Executive Office of the Governor and to
554      the chairs of the legislative appropriations committees the
555      projected costs of providing data center services for the
556      following fiscal year.
557                6.    Providing a plan for consideration by the Legislative
558      Budget Commission if the cost of a service is increased for a
559      reason other than a customer entity's request made pursuant to
560      subparagraph 4. Such a plan is required only if the service cost
561      increase results in a net increase to a customer entity for that
562      fiscal year.
563                7.    Standardizing and consolidating procurement and
564      contracting practices.
565                (d)       In collaboration with the Department of Law
566      Enforcement and the Florida Digital Service, developing and
567      implementing a process for detecting, reporting, and responding
568      to cybersecurity incidents, breaches, and threats.
569                (e)       Adopting rules relating to the operation of the state
570      data center, including, but not limited to, budgeting and
571      accounting procedures, cost-recovery methodologies, and
572      operating procedures.
573                (5)       NORTHWEST REGIONAL DATA CENTER CONTRACT.—In order for
574      the Florida Digital Service department to carry out its duties
575      and responsibilities relating to the state data center, the

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576      state chief information officer shall assume responsibility for
577      the contract entered into by the secretary of the department
578      shall contract by July 1, 2022, with the Northwest Regional Data
579      Center pursuant to s. 287.057(11). The contract shall provide
580      that the Northwest Regional Data Center will manage the
581      operations of the state data center and provide data center
582      services to state agencies. Notwithstanding the terms of the
583      contract, the Northwest Regional Data Center must provide the
584      Florida Digital Service with access to information regarding the
585      operations of the state data center.
586                (a)       The Florida Digital Service department shall provide
587      contract oversight, including, but not limited to, reviewing
588      invoices provided by the Northwest Regional Data Center for
589      services provided to state agency customers.
590                (b)       The Florida Digital Service department shall approve
591      or request updates to invoices within 10 business days after
592      receipt. If the Florida Digital Service department does not
593      respond to the Northwest Regional Data Center, the invoice will
594      be approved by default. The Northwest Regional Data Center must
595      submit approved invoices directly to state agency customers.
596                Section 5.       Subsection (10) of section 282.318, Florida
597      Statutes, is renumbered as subsection (11), subsections (3),
598      (4), and (7) and present subsection (10) are amended, and a new
599      subsection (10) is added to that section, to read:
600                282.318      Cybersecurity.—

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601                (3)       The department, acting through the Florida Digital
602      Service, is the lead entity responsible for establishing
603      standards and processes for assessing state agency cybe rsecurity
604      risks and determining appropriate security measures. Such
605      standards and processes must be consistent with generally
606      accepted technology best practices, including the National
607      Institute for Standards and Technology Cybersecurity Framework,
608      for cybersecurity. The department, acting through the Florida
609      Digital Service, shall adopt rules that mitigate risks;
610      safeguard state agency digital assets, data, information, and
611      information technology resources to ensure availability,
612      confidentiality, and integrity; and support a security
613      governance framework. The department, acting through the Florida
614      Digital Service, shall also:
615                (a)       Designate an employee of the Florida Digital Service
616      as the state chief information security officer. The state chief
617      information security officer must have experience and expertise
618      in security and risk management for communications and
619      information technology resources. The state chief information
620      security officer is responsible for the development, operation,
621      and oversight of cybersecurity for state technology systems. The
622      state chief information security officer shall be notified of
623      all confirmed or suspected incidents or threats of state agency
624      information technology resources and must report such incidents
625      or threats to the state chief information officer and the

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626      Governor.
627                (b)       Develop, and annually update by February 1, a
628      statewide cybersecurity strategic plan that includes security
629      goals and objectives for cybersecurity, including the
630      identification and mitigation of risk, proactive protections
631      against threats, tactical risk detection, threat reporting, and
632      response and recovery protocols for a cyber incident.
633                (c)       Develop and publish for use by state agencies a
634      cybersecurity governance framework that, at a minimum, includes
635      guidelines and processes for:
636                1.    Establishing asset management procedures to ensure that
637      an agency's information technology resources are identified and
638      managed consistent with their relative importance to the
639      agency's business objectives.
640                2.    Using a standard risk assessment methodology that
641      includes the identification of an agency's priorities,
642      constraints, risk tolerances, and assumptions necessary to
643      support operational risk decisions.
644                3.    Completing comprehensive risk assessments and
645      cybersecurity audits, which may be completed by a private sector
646      vendor, and submitting completed assessments and audits to the
647      Florida Digital Service. The Florida Digital Service shall
648      oversee any cybersecurity audit completed by a private sector
649      vendor to ensure that the audit meets applicable standards,
650      processes, and timelines department.

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651                4.    Identifying protection procedures to manage the
652      protection of an agency's information, data, and information
653      technology resources.
654                5.    Establishing procedures for accessing information and
655      data to ensure the confidentiality, integrity, and availability
656      of such information and data.
657                6.    Detecting threats through proactive monitoring of
658      events, continuous security monitoring, and defined detection
659      processes.
660                7.    Establishing agency cybersecurity incident response
661      teams and describing their responsibilities for responding to
662      cybersecurity incidents, including breaches of personal
663      information containing confidential or exempt data.
664                8.    Recovering information and data in response to a
665      cybersecurity incident. The recovery may include recommended
666      improvements to the agency processes, policies, or guidelines.
667                9.    Establishing a cybersecurity incident reporting process
668      that includes procedures for notifying the Florida Digital
669      Service department and the Department of Law Enforcement of
670      cybersecurity incidents.
671                a.    The level of severity of the cybersecurity incident is
672      defined by the National Cyber Incident Response Plan of the
673      United States Department of Homeland Security as follows:
674                (I)       Level 5 is an emergency-level incident within the
675      specified jurisdiction that poses an imminent threat to the

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676      provision of wide-scale critical infrastructure services;
677      national, state, or local government security; or the lives of
678      the country's, state's, or local government's residents.
679                (II)       Level 4 is a severe-level incident that is likely to
680      result in a significant impact in the affected jurisdiction to
681      public health or safety; national, state, or local security;
682      economic security; or civil liberties.
683                (III)       Level 3 is a high-level incident that is likely to
684      result in a demonstrable impact in the affected jurisdiction to
685      public health or safety; national, state, or local security;
686      economic security; civil liberties; or public confidence.
687                (IV)       Level 2 is a medium-level incident that may impact
688      public health or safety; national, state, or local security;
689      economic security; civil liberties; or public confidence.
690                (V)        Level 1 is a low-level incident that is unlikely to
691      impact public health or safety; national, state, or local
692      security; economic security; civil liberties; or public
693      confidence.
694                b.     The cybersecurity incident reporting process must
695      specify the information that must be reported by a state agency
696      following a cybersecurity incident or ransomware incident,
697      which, at a minimum, must include the following:
698                (I)        A summary of the facts surrounding the cybersecurity
699      incident or ransomware incident.
700                (II)       The date on which the state agency most recently

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701      backed up its data; the physical location of the backup, if the
702      backup was affected; and if the backup was created using cloud
703      computing.
704                (III)       The types of data compromised by the cybersecurity
705      incident or ransomware incident.
706                (IV)       The estimated fiscal impact of the cybersecurity
707      incident or ransomware incident.
708                (V)        In the case of a ransomware incident, the details of
709      the ransom demanded.
710                c.(I)       A state agency shall report all ransomware incidents
711      and any cybersecurity incidents incident determined by the state
712      agency to be of severity level 3, 4, or 5 to the Florida Digital
713      Service, the Cybersecurity Operations Center, and the Cybercrime
714      Office of the Department of Law Enforcement as soon as possible
715      but no later than 4 48 hours after discovery of the
716      cybersecurity incident and no later than 2 12 hours after
717      discovery of the ransomware incident. The report must contain
718      the information required in sub-subparagraph b. The Florida
719      Digital Service shall notify the Governor, the President of the
720      Senate, and the Speaker of the House of Representatives of any
721      incident discovered by a state agency but not timely reported
722      under this sub-sub-subparagraph.
723                (II)       The Cybersecurity Operations Center shall notify the
724      President of the Senate and the Speaker of the House of
725      Representatives of any severity level 3, 4, or 5 incident as

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726      soon as possible but no later than 12 hours after receiving a
727      state agency's incident report. The notification must include a
728      high-level description of the incident and the likely effects
729      and must be provided in a secure environment.
730                d.     A state agency shall report a cybersecurity incident
731      determined by the state agency to be of severity level 1 or 2 to
732      the Cybersecurity Operations Center and the Cybercrime Office of
733      the Department of Law Enforcement as soon as possible. The
734      report must contain the information required in sub -subparagraph
735      b.
736                e.     The Cybersecurity Operations Center shall provide a
737      consolidated incident report on a quarterly basis to the
738      President of the Senate, the Speaker of the House of
739      Representatives, and the Florida Cybersecurity Advisory Council.
740      The report provided to the Florida Cybersecurity Advisory
741      Council may not contain the name of any agency, network
742      information, or system identifying information but must contain
743      sufficient relevant information to allow the Florida
744      Cybersecurity Advisory Council to fulfill its responsibilities
745      as required in s. 282.319(9).
746                10.        Incorporating information obtained through detection
747      and response activities into the agency's cybersecurity incident
748      response plans.
749                11.        Developing agency strategic and operational
750      cybersecurity plans required pursuant to this section.

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751                12.       Establishing the managerial, operational, and
752      technical safeguards for protecting state government data and
753      information technology resources that align with the state
754      agency risk management strategy and that protect the
755      confidentiality, integrity, and availability of information and
756      data.
757                13.       Establishing procedures for procuring information
758      technology commodities and services that require the commodity
759      or service to meet the National Institute of Standards and
760      Technology Cybersecurity Framework.
761                14.       Submitting after-action reports following a
762      cybersecurity incident or ransomware incident. Such guidelines
763      and processes for submitting after-action reports must be
764      developed and published by December 1, 2022.
765                (d)       Assist state agencies in complying with this section.
766                (e)       In collaboration with the Cybercrime Office of the
767      Department of Law Enforcement, annually provide training for
768      state agency information security managers and computer security
769      incident response team members that contains training on
770      cybersecurity, including cybersecurity threats, trends, and best
771      practices.
772                (f)       Annually review the strategic and operational
773      cybersecurity plans of state agencies.
774                (g)       Annually provide cybersecurity training to all state
775      agency technology professionals and employees with access to

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776      highly sensitive information which develops, assesses, and
777      documents competencies by role and skill level. The
778      cybersecurity training curriculum must include training on the
779      identification of each cybersecurity incident severity level
780      referenced in sub-subparagraph (c)9.a. The training may be
781      provided in collaboration with the Cybercrime Office of the
782      Department of Law Enforcement, a private sector entity, or an
783      institution of the State University System.
784                (h)       Operate and maintain a Cybersecurity Operations Center
785      led by the state chief information security officer, which must
786      be primarily virtual and staffed with tactical detection and
787      incident response personnel. The Cybersecurity Operations Center
788      shall serve as a clearinghouse for threat information and
789      coordinate with the Department of Law Enforcement to support
790      state agencies and their response to any confirmed or suspected
791      cybersecurity incident.
792                (i)       Lead an Emergency Support Function, ESF CYBER, under
793      the state comprehensive emergency management plan as described
794      in s. 252.35.
795                (j)       Provide cybersecurity briefings to the members of any
796      legislative committee or subcommittee responsible for policy
797      matters relating to cybersecurity.
798                (k)       Have the authority to respond to any state agency
799      cybersecurity incident.
800                (4)       Each state agency head shall, at a minimum:

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801                (a)       Designate an information security manager to
802      administer the cybersecurity program of the state agency. This
803      designation must be provided annually in writing to the Florida
804      Digital Service department by January 1. A state agency's
805      information security manager, for purposes of these information
806      security duties, shall report directly to the agency head.
807                (b)       In consultation with the department, through the
808      Florida Digital Service, and the Cybercrime Office of the
809      Department of Law Enforcement, establish an agency cybersecurity
810      response team to respond to a cybersecurity incident. The agency
811      cybersecurity response team shall convene upon notification of a
812      cybersecurity incident and must immediately report all confirmed
813      or suspected incidents to the state chief information security
814      officer, or his or her designee, and comply with all applicable
815      guidelines and processes established pursuant to paragraph
816      (3)(c).
817                (c)       Submit to the Florida Digital Service department
818      annually by July 31, the state agency's strategic and
819      operational cybersecurity plans developed pursuant to rules and
820      guidelines established by the department, through the Florida
821      Digital Service.
822                1.    The state agency strategic cybersecurity plan must
823      cover a 3-year period and, at a minimum, define security goals,
824      intermediate objectives, and projected agency costs for the
825      strategic issues of agency information security policy, risk

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826      management, security training, security incident response, and
827      disaster recovery. The plan must be based on the statewide
828      cybersecurity strategic plan created by the Florida Digital
829      Service department and include performance metrics that can be
830      objectively measured to reflect the status of the state agency's
831      progress in meeting security goals and objectives identified in
832      the agency's strategic information security plan.
833                2.    The state agency operational cybersecurity plan must
834      include a progress report that objectively measures progress
835      made towards the prior operational cybersecurity plan and a
836      project plan that includes activities, timelines, and
837      deliverables for security objectives that the state agency will
838      implement during the current fiscal year.
839                (d)       Conduct, and update every 3 years, a comprehensive
840      risk assessment, which may be completed by a private sector
841      vendor, to determine the security threats to the data,
842      information, and information technology resources, including
843      mobile devices and print environments, of the agency. The risk
844      assessment must comply with the risk assessment methodology
845      developed by the Florida Digital Service department and is
846      confidential and exempt from s. 119.07(1), except that such
847      information shall be available to the Auditor General, the
848      Florida Digital Service within the department, the Cybercrime
849      Office of the Department of Law Enforcement, and, for state
850      agencies under the jurisdiction of the Governor, the Chief

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         HB 1511                                                                                               2023




851      Inspector General. If a private sector vendor is used to
852      complete a comprehensive risk assessment, it must attest to the
853      validity of the risk assessment findings.
854                (e)       Develop, and periodically update, written internal
855      policies and procedures, which include procedures for reporting
856      cybersecurity incidents and breaches to the Cybercrime Office of
857      the Department of Law Enforcement and the Florida Digital
858      Service within the department. Such policies and procedures must
859      be consistent with the rules, guidelines, and processes
860      established by the Florida Digital Service department to ensure
861      the security of the data, information, and information
862      technology resources of the agency. The internal policies and
863      procedures that, if disclosed, could facilitate the unauthorized
864      modification, disclosure, or destruction of data or information
865      technology resources are confidential information and exempt
866      from s. 119.07(1), except that such information shall be
867      available to the Auditor General, the Cybercrime Office of the
868      Department of Law Enforcement, the Florida Digital Service
869      within the department, and, for state agencies under the
870      jurisdiction of the Governor, the Chief Inspector General.
871                (f)       Implement managerial, operational, and technical
872      safeguards and risk assessment remediation plans recommended by
873      the Florida Digital Service department to address identified
874      risks to the data, information, and information technology
875      resources of the agency. The department, through the Florida

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         HB 1511                                                                                               2023




876      Digital Service, shall track implementation by state agencies
877      upon development of such remediation plans in coordination with
878      agency inspectors general.
879                (g)       Ensure that periodic internal audits and evaluations
880      of the agency's cybersecurity program for the data, information,
881      and information technology resources of the agency are
882      conducted. The results of such audits and evaluations are
883      confidential information and exempt from s. 119.07(1), except
884      that such information shall be available to the Auditor General,
885      the Cybercrime Office of the Department of Law Enforcement, the
886      Florida Digital Service within the department, and, for agencies
887      under the jurisdiction of the Governor, the Chief Inspector
888      General.
889                (h)       Ensure that the cybersecurity requirements in the
890      written specifications for the solicitation, contracts, and
891      service-level agreement of information technology and
892      information technology resources and services meet or exceed the
893      applicable state and federal laws, regulations, and standards
894      for cybersecurity, including the National Institute of Standards
895      and Technology Cybersecurity Framework. Service-level agreements
896      must identify service provider and state agency responsibilities
897      for privacy and security, protection of government data,
898      personnel background screening, and security deliverables with
899      associated frequencies.
900                (i)       Provide cybersecurity awareness training to all state

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         HB 1511                                                                                               2023




901      agency employees within 30 days after commencing employment, and
902      annually thereafter, concerning cybersecurity risks and the
903      responsibility of employees to comply with policies, standards,
904      guidelines, and operating procedures adopted by the state agency
905      to reduce those risks. The training may be provided in
906      collaboration with the Cybercrime Office of the Department of
907      Law Enforcement, a private sector entity, or an institution of
908      the State University System.
909                (j)       Develop a process for detecting, reporting, and
910      responding to threats, breaches, or cybersecurity incidents
911      which is consistent with the security rules, guidelines, and
912      processes established by the department through the Florida
913      Digital Service.
914                1.    All cybersecurity incidents and ransomware incidents
915      must be reported by state agencies. Such reports must comply
916      with the notification procedures and reporting timeframes
917      established pursuant to paragraph (3)(c).
918                2.    For cybersecurity breaches, state agencies shall
919      provide notice in accordance with s. 501.171.
920                (k)       Submit to the Florida Digital Service, within 1 week
921      after the remediation of a cybersecurity incident or ransomware
922      incident, an after-action report that summarizes the incident,
923      the incident's resolution, and any insights gained as a result
924      of the incident.
925                (7)       The portions of records made confidential and exempt

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         HB 1511                                                                                               2023




926      in subsections (5) and (6) shall be available to the Auditor
927      General, the Cybercrime Office of the Department of Law
928      Enforcement, the Florida Digital Service within the department,
929      and, for agencies under the jurisdiction of the Governor, the
930      Chief Inspector General. Such portions of records may be made
931      available to a local government, another state agency, or a
932      federal agency for cybersecurity purposes or in furtherance of
933      the state agency's official duties.
934                (10)       Any legislative committee or subcommittee responsible
935      for policy matters relating to cybersecurity may hold meetings
936      closed by the respective legislative body under the rules of
937      such legislative body at which such committee or subcommittee is
938      briefed on records made confidential and exempt under
939      subsections (5) and (6). The committee or subcommittee must
940      maintain the confidential and exempt status of such records.
941                (11)(10)          The Florida Digital Service department shall
942      adopt rules relating to cybersecurity and to administer this
943      section.
944                Section 6.         Paragraph (d) of subsection (5) of section
945      282.3185, Florida Statutes, is redesignated as paragraph (c),
946      and paragraph (b) and present paragraph (c) of that subsection
947      are amended to read:
948                282.3185          Local government cybersecurity.—
949                (5)        INCIDENT NOTIFICATION.—
950                (b)1.       A local government shall report all ransomware

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         HB 1511                                                                                               2023




951      incidents and any cybersecurity incidents incident determined by
952      the local government to be of severity level 3, 4, or 5 as
953      provided in s. 282.318(3)(c) to the Florida Digital Service, the
954      Cybersecurity Operations Center, the Cybercrime Office of the
955      Department of Law Enforcement, and the sheriff who has
956      jurisdiction over the local government as soon as possible but
957      no later than 4 48 hours after discovery of the cybersecurity
958      incident and no later than 2 12 hours after discovery of the
959      ransomware incident. The report must contain the information
960      required in paragraph (a). The Florida Digital Service shall
961      notify the Governor, the President of the Senate, and the
962      Speaker of the House of Representatives of any incident
963      discovered by a local government but not timely reported under
964      this subparagraph.
965                2.    The Cybersecurity Operations Center shall notify the
966      President of the Senate and the Speaker of the House of
967      Representatives of any severity level 3, 4, or 5 incident as
968      soon as possible but no later than 12 hours after receiving a
969      local government's incident report. The notification must
970      include a high-level description of the incident and the likely
971      effects and must be provided in a secure environment.
972                (c)       A local government may report a cybersecurity incident
973      determined by the local government to be of severity level 1 or
974      2 as provided in s. 282.318(3)(c) to the Cybersecurity
975      Operations Center, the Cybercrime Office of the Department of

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          HB 1511                                                                                               2023




 976      Law Enforcement, and the sheriff who has jurisdiction over the
 977      local government. The report shall contain the information
 978      required in paragraph (a).
 979                Section 7.        Subsections (10) through (13) of section
 980      282.319, Florida Statutes, are renumbered as subsections (11)
 981      through (14), respectively, paragraph (j) of subsection (4) and
 982      subsection (6) are amended, and a new subsection (10) is added
 983      to that section, to read:
 984                282.319       Florida Cybersecurity Advisory Council.—
 985                (4)        The council shall be comprised of the following
 986      members:
 987                (j)        Three representatives from critical infrastructure
 988      sectors, one of whom must be from a water treatment facility,
 989      appointed by the Governor.
 990                (6)        The state chief information officer Secretary of
 991      Management Services, or his or her designee, shall serve as the
 992      ex officio, nonvoting executive director of the council.
 993                (10)       Members of any legislative committee or subcommittee
 994      responsible for policy matters relating to cybersecurity must be
 995      invited to and may attend meetings of the council. A council
 996      meeting at which two or more members of the Legislature are in
 997      attendance may not be construed as a meeting of a legislative
 998      committee or subcommittee or as a prearranged gathering between
 999      more than two members of the Legislature, the purpose of which
1000      is to agree upon formal legislative action that will be taken at

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          HB 1511                                                                                               2023




1001      a subsequent time.
1002                Section 8.        Section 282.3195, Florida Statutes, is created
1003      to read:
1004                282.3195         State Technology Advancement Council.—
1005                (1)       The State Technology Advancement Council, an advisory
1006      council as defined in s. 20.03(7), is created within the
1007      Executive Office of the Governor. Except as otherwise provided
1008      in this section, the advisory council shall operate in a manner
1009      consistent with s. 20.052.
1010                (2)       The purpose of the council is to:
1011                (a)       Assist state agencies and advise the Legislature on
1012      innovative technologies.
1013                (b)       Improve state technology project timelines.
1014                (c)       Develop efficient state technology processes.
1015                (d)       Assist in the creation of development and testing
1016      environments that allow state entities to proof technology
1017      concepts before engaging in procurement and otherwise develop
1018      processes to reduce wasteful spending on inappropriate
1019      technology.
1020                (e)       Assist Florida College System institutions and state
1021      universities with technology transfer processes.
1022                (f)       Support research on and development of innovative
1023      technologies.
1024                (3)       The state chief information officer, or his or her
1025      designee, shall serve as the executive director of the council.

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          HB 1511                                                                                               2023




1026      The council shall be comprised of the following members
1027      appointed by the Governor:
1028                (a)       A person with senior level experience in cloud
1029      computing technology.
1030                (b)       An engineer.
1031                (c)       A person with senior level experience in the space
1032      industry.
1033                (d)       A data scientist.
1034                (e)       Other persons with relevant experience as determined
1035      by the Governor.
1036                (4)       Members shall serve for terms of 4 years; however, for
1037      the purpose of providing staggered terms, the initial
1038      appointments of two members shall be for terms of 2 years. A
1039      vacancy shall be filled for the remainder of the unexpired term
1040      in the same manner as the initial appointment. All members of
1041      the council are eligible for reappointment.
1042                (5)       The state chief information officer shall serve as the
1043      ex officio, nonvoting executive director of the council.
1044                (6)       Members shall serve without compensation but are
1045      entitled to receive reimbursement for per diem and travel
1046      expenses pursuant to s. 112.061.
1047                (7)       Members of the council shall maintain the confidential
1048      or exempt status of information received in the performance of
1049      their duties and responsibilities as members of the council. In
1050      accordance with s. 112.313, a current or former member of the

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          HB 1511                                                                                               2023




1051      council may not disclose or use information not available to the
1052      general public and gained by reason of his or her official
1053      position, except for information relating exclusively to
1054      governmental practices, for his or her personal gain or benefit
1055      or for the personal gain or benefit of any other person or
1056      business entity. Members shall sign an agreement acknowledging
1057      the provisions of this subsection.
1058                (8)       The council shall meet at least quarterly.
1059                (9)       Beginning June 1, 2024, and annually on June 1
1060      thereafter, the council shall submit to the Governor, the
1061      President of the Senate, and the Speaker of the House of
1062      Representatives a report describing the activities of the
1063      council and providing recommendations as appropriate.
1064                Section 9.       Section 768.401, Florida Statutes, is created
1065      to read:
1066                768.401      Limitation on liability for cybersecurity
1067      incidents.—
1068                (1)       A county or municipality that substantially complies
1069      with s. 282.3185 shall gain a presumption against liability in
1070      connection with a cybersecurity incident.
1071                (2)       A sole proprietorship, partnership, corporation,
1072      trust, estate, cooperative, association, or other commercial
1073      entity that acquires, maintains, stores, or uses personal
1074      information shall gain a presumption against liability in
1075      connection with a cybersecurity incident if the entity

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          HB 1511                                                                                               2023




1076      substantially complies with s. 501.171, if applicable, and has:
1077                (a)       Adopted a cybersecurity program that substantially
1078      aligns with the current version of any of the following:
1079                1.    The National Institute of Standards and Technology
1080      (NIST) Framework for Improving Critical Infrastructure
1081      Cybersecurity.
1082                2.    NIST special publication 800-171.
1083                3.    NIST special publications 800-53 and 800-53A.
1084                4.    The Federal Risk and Authorization Management Program
1085      security assessment framework.
1086                5.    CIS Critical Security Controls.
1087                6.    The International Organization for
1088      Standardization/International Electrotechnical Commission 27000 -
1089      series family of standards; or
1090                (b)       If regulated by the state or Federal Government, or
1091      both, or if otherwise subject to the requirements of any of the
1092      following laws and regulations, substantially complied its
1093      cybersecurity program to the current version of the following,
1094      as applicable:
1095                1.    The security requirements of the Health Insurance
1096      Portability and Accountability Act of 1996, 45 C.F.R. part 164
1097      subpart C.
1098                2.    Title V of the Gramm-Leach-Bliley Act of 1999, Pub. L.
1099      No. 106-102, as amended.
1100                3.    The Federal Information Security Modernization Act of

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          HB 1511                                                                                               2023




1101      2014, Pub. L. No. 113-283.
1102                4.    The Health Information Technology for Economic and
1103      Clinical Health Act, 45 C.F.R. part 162.
1104                (3)       A commercial entity that substantially complies with a
1105      combination of industry-recognized cybersecurity frameworks or
1106      standards, including the payment card industry data security
1107      standard, to gain the presumption against liability pursuant to
1108      subsection (2) must, upon the revision of two or more of the
1109      frameworks or standards with which the entity complies, adopt
1110      the revised frameworks or standards within 1 year after the
1111      latest publication date stated in the revisions.
1112                (4)       This section does not establish a private cause of
1113      action. Failure of a county, municipality, or commercial entity
1114      to substantially implement a cybersecurity program that is in
1115      compliance with this section is not evidence of negligence and
1116      does not constitute negligence per se.
1117                Section 10.           Paragraph (k) of subsection (1) of section
1118      1004.649, Florida Statutes, is amended to read:
1119                1004.649         Northwest Regional Data Center.—
1120                (1)       For the purpose of providing data center services to
1121      its state agency customers, the Northwest Regional Data Center
1122      is designated as a state data center for all state agencies and
1123      shall:
1124                (k)       Prepare and submit state agency customer invoices to
1125      the Florida Digital Service Department of Management Services

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          HB 1511                                                                                               2023




1126      for approval. Upon approval or by default pursuant to s.
1127      282.201(5), submit invoices to state agency customers.
1128                Section 11.         This act shall take effect July 1, 2023.




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        Energy, Communications & Cybersecurity Subcommittee
                   HB 1511 by Rep. Giallombardo
                           Cybersecurity

                            AMENDMENT SUMMARY
                               March 21, 2023


Amendment 1 by Rep. Giallombardo (strike-all):

   •   Removes language from the bill that shifted authority related to cybersecurity
       governance from the Department of Management Services (DMS) to the Florida
       Digital Service (FLDS).
   •   Clarifies, adds, and removes definitions.
   •   Removes language that lowered the reporting and oversight requirement for
       technology projects.
   •   Gives DMS additional responsibilities for technology project oversight and
       provides what oversight entails.
   •   Changes the date DMS, acting through FLDS, must provide recommendations
       for standardization and consolidation of information technology services that
       support interoperability and cloud-first policy.
   •   Specifies that the quarterly report for project oversight must be submitted by the
       15th day following the end of each quarter.
   •   Specifies a date that alternative standards are due, if applicable.
   •   Changes the members of the operations committee created by the bill.
   •   Requires the state chief information officer to designate a state chief technology
       officer and outlines the responsibilities of the position.
   •   Requires the entity assuming the responsibilities of the State Data Center (SDC)
       to fully integrate with the Cybersecurity Operations Center.
   •   Specifies what information the SDC must report to DMS and FLDS.
   •   Requires that FLDS submit an annual comprehensive risk assessment facilitated
       by DMS and includes criteria for this assessment.
   •   Removes the State Technology Advancement Council created by the bill.
   •   Creates an exemption to the requirements of ch. 110 relating to state
       employment for personnel employed by or reporting to certain officers.
   •   Clarifies application of a presumption against liability.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1511   (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:    Energy, Communications &
 2     Cybersecurity Subcommittee
 3     Representative Giallombardo offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove everything after the enacting clause and insert:
 7          Section 1.    This act may be cited as the "Florida Cyber
 8     Protection Act."
 9          Section 2.    Paragraph (y) is added to subsection (2) of
10     section 110.205, Florida Statutes, to read:
11          110.205   Career service; exemptions.—
12          (2)    EXEMPT POSITIONS.—The exempt positions that are not
13     covered by this part include the following:
14          (y)    Personnel employed by or reporting to the state chief
15     information security officer, the state chief data officer, a
16     chief information security officer, and an agency information
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1511    (2023)
       Amendment No. 1


17     security manager.
18          Section 3.     Subsections (3) through (5), (6) through (19),
19     and (20) through (38) of section 282.0041, Florida Statutes, are
20     renumbered as subsections (4) through (6), (8) through (21), and
21     (24) through (42), respectively, present subsection (19) is
22     amended, and new subsections (3), (7), (22), and (23) are added
23     to that section, to read:
24          282.0041     Definitions.—As used in this chapter, the term:
25          (3)    "As a service" means the contracting with or
26     outsourcing to a third-party of a defined role or function as a
27     means of delivery.
28          (7)    "Cloud provider" has the same meaning as provided in
29     Special Publication 800-145 issued by the National Institute of
30     Standards and Technology.
31          (21)(19)     "Incident" means a violation or an imminent
32     threat of violation, whether such violation is accidental or
33     deliberate, of information technology resources, security,
34     policies, or practices, or which may jeopardize the
35     confidentiality, integrity, or availability of an information
36     technology system or the information the system processes,
37     stores, or transmits. An imminent threat of violation refers to
38     a situation in which a state agency, county, or municipality has
39     a factual basis for believing that a specific incident is about
40     to occur.
41          (22)   "Independent" means, for an entity providing
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                                                   Bill No. HB 1511   (2023)
       Amendment No. 1


42     independent verification and validation, having no technical,
43     managerial, or financial interest in the relevant technology
44     project; no relationship to the relevant agency; and no
45     responsibility for or participation in any aspect of the
46     project, which includes project oversight by the Florida Digital
47     Service.
48          (23)    "Independent verification and validation" means
49     third-party support services that provide a completely
50     independent and impartial assessment of the progress and work
51     products of a technology project from concept to business case
52     and throughout the project lifecycle.
53          Section 4.    Section 282.0051, Florida Statutes, is amended
54     to read:
55          282.0051     Department of Management Services; Florida
56     Digital Service; powers, duties, and functions.—
57          (1)     The Florida Digital Service is has been created within
58     the department to propose innovative solutions that securely
59     modernize state government, including technology and information
60     services, to achieve value through digital transformation and
61     interoperability, and to fully support the cloud-first policy as
62     specified in s. 282.206. The department, through the Florida
63     Digital Service, shall have the following powers, duties, and
64     functions:
65          (a)     Develop and publish information technology policy for
66     the management of the state's information technology resources.
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                                                  Bill No. HB 1511     (2023)
       Amendment No. 1


67          (b)    Develop an enterprise architecture that:
68          1.    Acknowledges the unique needs of the entities within
69     the enterprise in the development and publication of standards
70     and terminologies to facilitate digital interoperability;
71          2.    Supports the cloud-first policy as specified in s.
72     282.206; and
73          3.    Addresses how information technology infrastructure may
74     be modernized to achieve cloud-first objectives.
75          (c)    Establish project management and oversight standards
76     with which state agencies must comply when implementing
77     information technology projects. The department, acting through
78     the Florida Digital Service, shall provide training
79     opportunities to state agencies to assist in the adoption of the
80     project management and oversight standards. To support data-
81     driven decisionmaking, the standards must include, but are not
82     limited to:
83          1.    Performance measurements and metrics that objectively
84     reflect the status of an information technology project based on
85     a defined and documented project scope, cost, and schedule.
86          2.    Methodologies for calculating acceptable variances in
87     the projected versus actual scope, schedule, or cost of an
88     information technology project.
89          3.    Reporting requirements, including requirements designed
90     to alert all defined stakeholders that an information technology
91     project has exceeded acceptable variances defined and documented
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                                                   Bill No. HB 1511     (2023)
        Amendment No. 1


 92     in a project plan.
 93          4.    Content, format, and frequency of project updates.
 94          5.    Technical standards to ensure an information technology
 95     project complies with the enterprise architecture.
 96          (d)    Ensure that independent Perform project oversight on
 97     all state agency information technology projects that have total
 98     project costs of $10 million or more and that are funded in the
 99     General Appropriations Act or any other law is performed and in
100     compliance with applicable state and federal law.
101          1.    The department may not be considered independent for
102     purposes of project oversight under this paragraph on a project
103     for which the department has provided or may be asked to provide
104     any operational or technical support, including, but not limited
105     to, providing advice or conducting any review.
106          2.    The department shall establish an appropriate contract
107     vehicle to facilitate procurement of project oversight as a
108     service by the enterprise and ensure that the contract vehicle
109     includes offerings that incorporate the ability to comply with
110     applicable state and federal law, including any independent
111     verification and validation requirements. An entity that
112     provides project oversight as a service must provide a project
113     oversight report to the department.
114          3.    An agency may request the department to procure project
115     oversight as a service for a project that is subject to this
116     paragraph. Such procurement by the department does not violate
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117     the requirement that the project oversight must be independent.
118          4.    The department, acting through the Florida Digital
119     Service, shall at least quarterly review received project
120     oversight reports and, upon acceptance of the contents of such
121     reports, provide the reports to the Executive Office of the
122     Governor, the President of the Senate, and the Speaker of the
123     House of Representatives.
124          5.    The department, acting through the Florida Digital
125     Service, shall report at least quarterly to the Executive Office
126     of the Governor, the President of the Senate, and the Speaker of
127     the House of Representatives on any information technology
128     project that the department identifies as high-risk due to the
129     project exceeding acceptable variance ranges defined and
130     documented in a project plan. The report must include a risk
131     assessment, including fiscal risks, associated with proceeding
132     to the next stage of the project, and a recommendation for
133     corrective actions required, including suspension or termination
134     of the project.
135          (e)    Identify opportunities for standardization and
136     consolidation of information technology services that support
137     interoperability and the cloud-first policy, as specified in s.
138     282.206, and business functions and operations, including
139     administrative functions such as purchasing, accounting and
140     reporting, cash management, and personnel, and that are common
141     across state agencies. The department, acting through the
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142     Florida Digital Service, shall biennially on January 15 1 of
143     each even-numbered year provide recommendations for
144     standardization and consolidation to the Executive Office of the
145     Governor, the President of the Senate, and the Speaker of the
146     House of Representatives.
147          (f)   Establish best practices for the procurement of
148     information technology products and cloud-computing services in
149     order to reduce costs, increase the quality of data center
150     services, or improve government services.
151          (g)   Develop standards for information technology reports
152     and updates, including, but not limited to, operational work
153     plans, project spend plans, and project status reports, for use
154     by state agencies.
155          (h)   Upon request, assist state agencies in the development
156     of information technology-related legislative budget requests.
157          (i)   Conduct annual assessments of state agencies to
158     determine compliance with all information technology standards
159     and guidelines developed and published by the department and
160     provide results of the assessments to the Executive Office of
161     the Governor, the President of the Senate, and the Speaker of
162     the House of Representatives.
163          (j)   Conduct a market analysis not less frequently than
164     every 3 years beginning in 2021 to determine whether the
165     information technology resources within the enterprise are
166     utilized in the most cost-effective and cost-efficient manner,
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167     while recognizing that the replacement of certain legacy
168     information technology systems within the enterprise may be cost
169     prohibitive or cost inefficient due to the remaining useful life
170     of those resources; whether the enterprise is complying with the
171     cloud-first policy specified in s. 282.206; and whether the
172     enterprise is utilizing best practices with respect to
173     information technology, information services, and the
174     acquisition of emerging technologies and information services.
175     Each market analysis shall be used to prepare a strategic plan
176     for continued and future information technology and information
177     services for the enterprise, including, but not limited to,
178     proposed acquisition of new services or technologies and
179     approaches to the implementation of any new services or
180     technologies. Copies of each market analysis and accompanying
181     strategic plan must be submitted to the Executive Office o f the
182     Governor, the President of the Senate, and the Speaker of the
183     House of Representatives not later than December 31 of each year
184     that a market analysis is conducted.
185          (k)   Recommend other information technology services that
186     should be designed, delivered, and managed as enterprise
187     information technology services. Recommendations must include
188     the identification of existing information technology resources
189     associated with the services, if existing services must be
190     transferred as a result of being delivered and managed as
191     enterprise information technology services.
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192          (l)     In consultation with state agencies, propose a
193     methodology and approach for identifying and collecting both
194     current and planned information technology expenditure data at
195     the state agency level.
196          (m)1.    Notwithstanding any other law, provide project
197     oversight on any information technology project of the
198     Department of Financial Services, the Department of Legal
199     Affairs, and the Department of Agriculture and Consumer Services
200     which has a total project cost of $20 million or more. Such
201     information technology projects must also comply with the
202     applicable information technology architecture, project
203     management and oversight, and reporting standards established by
204     the department, acting through the Florida Digital Service.
205          2.    When performing the project oversight function
206     specified in subparagraph 1., report by the 15th day after the
207     end of each quarter at least quarterly to the Executive Office
208     of the Governor, the President of the Senate, and the Speaker of
209     the House of Representatives on any information technology
210     project that the department, acting through the Florida Digital
211     Service, identifies as high-risk due to the project exceeding
212     acceptable variance ranges defined and documented in the p roject
213     plan. The report shall include a risk assessment, including
214     fiscal risks, associated with proceeding to the next stage of
215     the project and a recommendation for corrective actions
216     required, including suspension or termination of the project.
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217          (n)     If an information technology project implemented by a
218     state agency must be connected to or otherwise accommodated by
219     an information technology system administered by the Department
220     of Financial Services, the Department of Legal Affairs, or the
221     Department of Agriculture and Consumer Services, consult with
222     these departments regarding the risks and other effects of such
223     projects on their information technology systems and work
224     cooperatively with these departments regarding the connections,
225     interfaces, timing, or accommodations required to implement such
226     projects.
227          (o)     If adherence to standards or policies adopted by or
228     established pursuant to this section causes conflict with
229     federal regulations or requirements imposed on an entity within
230     the enterprise and results in adverse action against an entity
231     or federal funding, work with the entity to provide alternative
232     standards, policies, or requirements that do not conflict with
233     the federal regulation or requirement. The department, acting
234     through the Florida Digital Service, shall annually by January
235     15 report such alternative standards to the Executive Office of
236     the Governor, the President of the Senate, and the Speaker of
237     the House of Representatives.
238          (p)1.    Establish an information technology policy for all
239     information technology-related state contracts, including state
240     term contracts for information technology commodities,
241     consultant services, and staff augmentation services. The
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242     information technology policy must include:
243          a.   Identification of the information technology product
244     and service categories to be included in state term contracts.
245          b.   Requirements to be included in solicitations for state
246     term contracts.
247          c.   Evaluation criteria for the award of information
248     technology-related state term contracts.
249          d.   The term of each information technology-related state
250     term contract.
251          e.   The maximum number of vendors authorized on each state
252     term contract.
253          f.   At a minimum, a requirement that any contract for
254     information technology commodities or services meet the National
255     Institute of Standards and Technology Cybersecurity Framework.
256          g.   For an information technology project wherein project
257     oversight is required pursuant to paragraph (d) or paragraph
258     (m), a requirement that independent verification and validation
259     be employed throughout the project life cycle with the primary
260     objective of independent verification and validation being to
261     provide an objective assessment of products and processes
262     throughout the project life cycle. An entity providing
263     independent verification and validation may not have technical,
264     managerial, or financial interest in the project and may not
265     have responsibility for, or participate in, any other aspect of
266     the project.
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267          2.    Evaluate vendor responses for information technology -
268     related state term contract solicitations and invitations to
269     negotiate.
270          3.    Answer vendor questions on information technology -
271     related state term contract solicitations.
272          4.    Ensure that the information technology policy
273     established pursuant to subparagraph 1. is included in all
274     solicitations and contracts that are administratively executed
275     by the department.
276          (q)     Recommend potential methods for standardizing data
277     across state agencies which will promote interoperability and
278     reduce the collection of duplicative data.
279          (r)     Recommend open data technical standards and
280     terminologies for use by the enterprise.
281          (s)     Ensure that enterprise information technology
282     solutions are capable of utilizing an electronic credential and
283     comply with the enterprise architecture standards.
284          (t)     Establish an operations committee that shall meet as
285     necessary for the purpose of developing collaborative efforts
286     between agencies and other governmental entities relating to
287     cybersecurity issues, including the coordination of preparedness
288     and response efforts relating to cybersecurity incidents and
289     issues relating to the interoperability of agency projects. The
290     Secretary of Management Services shall serve as the executive
291     director of the committee. The committee shall be composed of
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292     the following members:
293          1.     The state chief information officer, or his or her
294     designee.
295          2.     The Attorney General, or his or her designee.
296          3.     The Secretary of State, or his or her designee.
297          4.     The executive director of the Department of Law
298     Enforcement, or his or her designee.
299          5.     The Secretary of Transportation, or his or her
300     designee.
301          6.     The director of the Division of Emergency Management,
302     or his or her designee.
303          7.     The Secretary of Health Care Administration, or his or
304     her designee.
305          8.     The Commissioner of Education, or his or her designee.
306          9.     The executive director of the Department of Highway
307     Safety and Motor Vehicles, or his or her designee.
308          10.     The chair of the Public Service Commission, or his or
309     her designee.
310          11.     The director of the Florida State Guard, or his or her
311     designee.
312          12.     The Adjutant General of the Florida National Guard, or
313     his or her designee.
314          13.     Any other agency head appointed by the Governor.
315          (2)(a)    The Governor shall appoint Secretary of Management
316     Services shall designate a state chief information officer,
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317     subject to confirmation by the Senate, who shall administer the
318     Florida Digital Service. The state chief information officer,
319     before prior to appointment, must have at least 5 years of
320     experience in the development of information system strategic
321     planning and development or information technology policy, and,
322     preferably, have leadership-level experience in the design,
323     development, and deployment of interoperable software and data
324     solutions.
325          (b)     The state chief information officer, in consultation
326     with the Secretary of Management Services, shall designate a
327     state chief data officer. The chief data officer must be a
328     proven and effective administrator who must have significant and
329     substantive experience in data management, data governance,
330     interoperability, and security.
331          (c)     The state chief information officer shall designate a
332     state chief technology officer who shall be responsible for:
333          1.    Exploring technology solutions to meet the enterprise
334     need;
335          2.    The deployments of adopted enterprise solutions;
336          3.    Compliance with Florida’s Cloud First policy;
337          4.    Recommending best practices to increase the likelihood
338     of technology project success;
339          5.    Developing strategic partnerships with the private
340     sector; and
341          6.    Directly supporting enterprise cybersecurity and data
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342     interoperability initiatives.
343
344     The chief cloud officer may acquire cloud migration as a service
345     to comply with this section as it pertains to the implementation
346     across the enterprise of Florida’s Cloud First policy.
347          (3)   The department, acting through the Florida Digital
348     Service and from funds appropriated to the Florida Digital
349     Service, shall:
350          (a)   Create, not later than December 1, 2022, and maintain
351     a comprehensive indexed data catalog in collaboration with the
352     enterprise that lists the data elements housed within the
353     enterprise and the legacy system or application in which these
354     data elements are located. The data catalog must, at a minimum,
355     specifically identify all data that is restricted from public
356     disclosure based on federal or state laws and regulations and
357     require that all such information be protected in accordance
358     with s. 282.318.
359          (b)   Develop and publish, not later than December 1, 2022,
360     in collaboration with the enterprise, a data dictionary for each
361     agency that reflects the nomenclature in the comprehensive
362     indexed data catalog.
363          (c)   Adopt, by rule, standards that support the creation
364     and deployment of an application programming interface to
365     facilitate integration throughout the enterprise.
366          (d)   Adopt, by rule, standards necessary to facilitate a
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367     secure ecosystem of data interoperability that is compliant with
368     the enterprise architecture.
369          (e)     Adopt, by rule, standards that facilitate the
370     deployment of applications or solutions to the existing
371     enterprise system in a controlled and phased approach.
372          (f)     After submission of documented use cases developed in
373     conjunction with the affected agencies, assist the affected
374     agencies with the deployment, contingent upon a specific
375     appropriation therefor, of new interoperable applications and
376     solutions:
377          1.     For the Department of Health, the Agency for Health
378     Care Administration, the Agency for Persons with Disabilities,
379     the Department of Education, the Department of Elderly Affairs,
380     and the Department of Children and Families.
381          2.     To support military members, veterans, and their
382     families.
383          (4)     For information technology projects that have a total
384     project costs cost of $10 million or more:
385          (a)     State agencies must provide the Florida Digital
386     Service with written notice of any planned procurement of an
387     information technology project.
388          (b)     The Florida Digital Service must participate in the
389     development of specifications and recommend modifications to any
390     planned procurement of an information technology project by
391     state agencies so that the procurement complies with the
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392     enterprise architecture.
393          (c)   The Florida Digital Service must participate in post-
394     award contract monitoring.
395          (5)   The department, acting through the Florida Digital
396     Service, may not retrieve or disclose any data without a shared-
397     data agreement in place between the department and the
398     enterprise entity that has primary custodial responsibility of,
399     or data-sharing responsibility for, that data.
400          (6)   The department, acting through the Florida Digital
401     Service, shall adopt rules to administer this section.
402          Section 5.   Section 282.201, Florida Statutes, is amended
403     to read:
404          282.201   State data center.—The state data center is
405     established within the department and shall be overseen by and
406     accountable to the department in consultation with the state
407     chief information officer, the state chief data officer, the
408     state chief information security officer, and the state chief
409     technology officer. Any procurement or purchase of enterprise
410     architecture which is comparable to a project that would be
411     subject to requirements under s. 282.0051(4) if the total
412     project cost was $10 million or more and which may be consumed
413     by an enterprise must be provided to the department and the
414     Florida Digital Service for review before publication. The
415     provision of data center services must comply with applicable
416     state and federal laws, regulations, and policies, including all
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417     applicable security, privacy, and auditing requirements. The
418     Florida Digital Service department shall appoint a director of
419     the state data center who has experience in leading data center
420     facilities and has expertise in cloud-computing management.
421          (1)    STATE DATA CENTER DUTIES.—The state data center shall:
422          (a)    Offer, develop, and support the services and
423     applications defined in service-level agreements executed with
424     its customer entities.
425          (b)    Maintain performance of the state data center by
426     ensuring proper data backup; data backup recovery; disaster
427     recovery; and appropriate security, power, cooling, fire
428     suppression, and capacity.
429          (c)    Develop and implement business continuity and disaster
430     recovery plans, and annually conduct a live exercise of each
431     plan.
432          (d)    Enter into a service-level agreement with each
433     customer entity to provide the required type and level of
434     service or services. If a customer entity fails to execute an
435     agreement within 60 days after commencement of a service, the
436     state data center may cease service. A service-level agreement
437     may not have a term exceeding 3 years and at a minimum must:
438          1.    Identify the parties and their roles, duties, and
439     responsibilities under the agreement.
440          2.    State the duration of the contract term and specify the
441     conditions for renewal.
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442          3.    Identify the scope of work.
443          4.    Identify the products or services to be delivered with
444     sufficient specificity to permit an external financial or
445     performance audit.
446          5.    Establish the services to be provided, the business
447     standards that must be met for each service, the cost of each
448     service by agency application, and the metrics and processes by
449     which the business standards for each service are to be
450     objectively measured and reported.
451          6.    Provide a timely billing methodology to recover the
452     costs of services provided to the customer entity pursuant to s.
453     215.422.
454          7.    Provide a procedure for modifying the service-level
455     agreement based on changes in the type, level, and cost of a
456     service.
457          8.    Include a right-to-audit clause to ensure that the
458     parties to the agreement have access to records for audit
459     purposes during the term of the service-level agreement.
460          9.    Provide that a service-level agreement may be
461     terminated by either party for cause only after giving the other
462     party and the department notice in writing of the cause for
463     termination and an opportunity for the other party to resolve
464     the identified cause within a reasonable period.
465          10.    Provide for mediation of disputes by the Division of
466     Administrative Hearings pursuant to s. 120.573.
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467          (e)    For purposes of chapter 273, be the custodian of
468     resources and equipment located in and operated, supported, and
469     managed by the state data center.
470          (f)    Assume administrative access rights to resources and
471     equipment, including servers, network components, and other
472     devices, consolidated into the state data center.
473          1.    Upon consolidation, a state agency shall relinquish
474     administrative rights to consolidated resources and equipment.
475     State agencies required to comply with federal and state
476     criminal justice information security rules and policies shall
477     retain administrative access rights sufficient to comply with
478     the management control provisions of those rules and policies;
479     however, the state data center shall have the appropriate type
480     or level of rights to allow the center to comply with its duties
481     pursuant to this section. The Department of Law Enforcement
482     shall serve as the arbiter of disputes pertaining to the
483     appropriate type and level of administrative access rights
484     pertaining to the provision of management control in accordance
485     with the federal criminal justice information guidelines.
486          2.    The state data center shall provide customer entities
487     with access to applications, servers, network components, and
488     other devices necessary for entities to perform business
489     activities and functions, and as defined and documented in a
490     service-level agreement.
491          (g)    In its procurement process, show preference for cloud -
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492     computing solutions that minimize or do not require the
493     purchasing, financing, or leasing of state data center
494     infrastructure, and that meet the needs of customer agencies,
495     that reduce costs, and that meet or exceed the applicable state
496     and federal laws, regulations, and standards for cybersecurity.
497          (h)   Assist customer entities in transitioning from state
498     data center services to the Northwest Regional Data Center or
499     other third-party cloud-computing services procured by a
500     customer entity or by the Northwest Regional Data Center on
501     behalf of a customer entity.
502          (2)   USE OF THE STATE DATA CENTER.—The following are exempt
503     from the use of the state data center: the Department of Law
504     Enforcement, the Department of the Lottery's Gaming System,
505     Systems Design and Development in the Office of Policy and
506     Budget, the regional traffic management centers as described in
507     s. 335.14(2) and the Office of Toll Operations of the Department
508     of Transportation, the State Board of Administration, state
509     attorneys, public defenders, criminal conflict and civil
510     regional counsel, capital collateral regional counsel, and the
511     Florida Housing Finance Corporation.
512          (3)   AGENCY LIMITATIONS.—Unless exempt from the use of the
513     state data center pursuant to this section or authorized by the
514     Legislature, a state agency may not:
515          (a)   Create a new agency computing facility or data center,
516     or expand the capability to support additional computer
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517     equipment in an existing agency computing facility or data
518     center; or
519          (b)     Terminate services with the state data center without
520     giving written notice of intent to terminate services 180 days
521     before such termination.
522          (4)     DEPARTMENT RESPONSIBILITIES.—The department shall
523     provide operational management and oversight of the state data
524     center, which includes:
525          (a)     Implementing industry standards and best practices for
526     the state data center's facilities, operations, maintenance,
527     planning, and management processes.
528          (b)     Developing and implementing cost-recovery mechanisms
529     that recover the full direct and indirect cost of services
530     through charges to applicable customer entities. Such cost -
531     recovery mechanisms must comply with applicable state and
532     federal regulations concerning distribution and use of funds and
533     must ensure that, for any fiscal year, no service or customer
534     entity subsidizes another service or customer entity. The
535     department may recommend other payment mechanisms to the
536     Executive Office of the Governor, the President of the Senate,
537     and the Speaker of the House of Representatives. Such mechanisms
538     may be implemented only if specifically authorized by the
539     Legislature.
540          (c)     Developing and implementing appropriate operating
541     guidelines and procedures necessary for the state data center to
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542     perform its duties pursuant to subsection (1). The guidelines
543     and procedures must comply with applicable state and federal
544     laws, regulations, and policies and conform to generally
545     accepted governmental accounting and auditing standards. The
546     guidelines and procedures must include, but need not be limited
547     to:
548           1.   Implementing a consolidated administrative support
549     structure responsible for providing financial management,
550     procurement, transactions involving real or personal property,
551     human resources, and operational support.
552           2.   Implementing an annual reconciliation process to ensure
553     that each customer entity is paying for the full direct and
554     indirect cost of each service as determined by the customer
555     entity's use of each service.
556           3.   Providing rebates that may be credited against future
557     billings to customer entities when revenues exceed costs.
558           4.   Requiring customer entities to validate that sufficient
559     funds exist before implementation of a customer entity's request
560     for a change in the type or level of service provided, if such
561     change results in a net increase to the customer entity's cost
562     for that fiscal year.
563           5.   By November 15 of each year, providing to the Office of
564     Policy and Budget in the Executive Office of the Governor and to
565     the chairs of the legislative appropriations committees the
566     projected costs of providing data center services for the
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567     following fiscal year.
568          6.    Providing a plan for consideration by the Legislative
569     Budget Commission if the cost of a service is increased for a
570     reason other than a customer entity's request made pursuant to
571     subparagraph 4. Such a plan is required only if the service cost
572     increase results in a net increase to a customer entity for that
573     fiscal year.
574          7.    Standardizing and consolidating procurement and
575     contracting practices.
576          (d)    In collaboration with the Department of Law
577     Enforcement and the Florida Digital Service, developing and
578     implementing a process for detecting, reporting, and responding
579     to cybersecurity incidents, breaches, and threats.
580          (e)    Adopting rules relating to the operation of the state
581     data center, including, but not limited to, budgeting and
582     accounting procedures, cost-recovery methodologies, and
583     operating procedures.
584          (5)    NORTHWEST REGIONAL DATA CENTER CONTRACT.—In order for
585     the department to carry out its duties and responsibilities
586     relating to the state data center, the state chief information
587     officer shall assume responsibility for the contract entered
588     into by the secretary of the department shall contract by July
589     1, 2022, with the Northwest Regional Data Center pursuant to s.
590     287.057(11). The contract shall provide that the Northwest
591     Regional Data Center will manage the operations of the state
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592     data center and provide data center services to state agencies.
593     Notwithstanding the terms of the contract, the Northwest
594     Regional Data Center must provide the Florida Digital Service
595     with access to information regarding the operations of the state
596     data center.
597          (a)   The department shall provide contract oversight,
598     including, but not limited to, reviewing invoices provided by
599     the Northwest Regional Data Center for services provided to
600     state agency customers.
601          (b)   The department shall approve or request updates to
602     invoices within 10 business days after receipt. If the
603     department does not respond to the Northwest Regional Data
604     Center, the invoice will be approved by default. The Northwest
605     Regional Data Center must submit approved invoices directly to
606     state agency customers.
607          (6)   FLORIDA DIGITAL SERVICE ACCESS.—The state data center,
608     and any successor entity assuming the responsibilities of the
609     state data center including, but not limited to, the Northwest
610     Regional Data Center, shall provide the Florida Digital Service
611     with full access to any infrastructure, system, application, or
612     other means that hosts, supports, or manages data in the custody
613     of an enterprise. For any such infrastructure, system,
614     application, or other means, the state data center or a
615     successor entity shall fully integrate with the Cybersecurity
616     Operations Center.
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617          (7)   STATE DATA CENTER REPORT.—Subject to s. 119.0725, the
618     state data center and any successor entity must submit to the
619     department and the Florida Digital Service a quarterly report
620     that provides, relating to infrastructure servicing enterprise
621     customers and data, the number of:
622          (a)   Technology assets which are within 1 year of end of
623     life as defined by the manufacturer.
624          (b)   Technology assets which are beyond end of life as
625     defined by the manufacturer.
626          (c)   Technology assets which are within 2 years of being
627     unsupported by the manufacturer.
628          (d)   Technology assets which are currently unsupported by
629     the manufacturer.
630          (e)   Workloads which are hosted by a commercial cloud
631     service provider as defined in the National Institute of
632     Standards and Technology, publication 500-292.
633          (f)   Workloads which are not hosted by a commercial entity
634     which is a cloud service provider as defined in the National
635     Institute of Standards and Technology, publication 500-292.
636          (g)   Service level disruptions and average duration of
637     disruption.
638          Section 6.     Subsection (10) of section 282.318, Florida
639     Statutes, is renumbered as subsection (11), subsections (3) and
640     (4) are amended, and a new subsection (10) is added to that
641     section, to read:
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642          282.318   Cybersecurity.—
643          (3)   The department, acting through the Florida Digital
644     Service, is the lead entity responsible for establishing
645     standards and processes for assessing state agency cybersecurity
646     risks and determining appropriate security measures. Such
647     standards and processes must be consistent with generally
648     accepted technology best practices, including the National
649     Institute for Standards and Technology Cybersecurity Framework,
650     for cybersecurity. The department, acting through the Florida
651     Digital Service, shall adopt rules that mitigate risks;
652     safeguard state agency digital assets, data, information, and
653     information technology resources to ensure availability,
654     confidentiality, and integrity; and support a security
655     governance framework. The department, acting through the Florida
656     Digital Service, shall also:
657          (a)   Designate an employee of the Florida Digital Service
658     as the state chief information security officer. The state chief
659     information security officer must have experience and expertise
660     in security and risk management for communications and
661     information technology resources. The state chief information
662     security officer is responsible for the development, operation,
663     and oversight of cybersecurity for state technology systems. The
664     state chief information security officer shall be notified of
665     all confirmed or suspected incidents or threats of state agency
666     information technology resources and must report such incidents
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667     or threats to the state chief information officer and the
668     Governor.
669          (b)     Develop, and annually update by February 1, a
670     statewide cybersecurity strategic plan that includes security
671     goals and objectives for cybersecurity, including the
672     identification and mitigation of risk, proactive protections
673     against threats, tactical risk detection, threat reporting, and
674     response and recovery protocols for a cyber incident.
675          (c)     Develop and publish for use by state agencies a
676     cybersecurity governance framework that, at a minimum, includes
677     guidelines and processes for:
678          1.     Establishing asset management procedures to ensure that
679     an agency's information technology resources are identified and
680     managed consistent with their relative importance to the
681     agency's business objectives.
682          2.     Using a standard risk assessment methodology that
683     includes the identification of an agency's priorities,
684     constraints, risk tolerances, and assumptions necessary to
685     support operational risk decisions.
686          3.     Completing comprehensive risk assessments and
687     cybersecurity audits, which may be completed by a private sector
688     vendor, and submitting completed assessments and audits to the
689     department.
690          4.     Identifying protection procedures to manage the
691     protection of an agency's information, data, and information
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692     technology resources.
693          5.    Establishing procedures for accessing information and
694     data to ensure the confidentiality, integrity, and availability
695     of such information and data.
696          6.    Detecting threats through proactive monitoring of
697     events, continuous security monitoring, and defined detection
698     processes.
699          7.    Establishing agency cybersecurity incident response
700     teams and describing their responsibilities for responding to
701     cybersecurity incidents, including breaches of personal
702     information containing confidential or exempt data.
703          8.    Recovering information and data in response to a
704     cybersecurity incident. The recovery may include recommended
705     improvements to the agency processes, policies, or guidelines.
706          9.    Establishing a cybersecurity incident reporting process
707     that includes procedures for notifying the department and the
708     Department of Law Enforcement of cybersecurity incidents.
709          a.    The level of severity of the cybersecurity incident is
710     defined by the National Cyber Incident Response Plan of the
711     United States Department of Homeland Security as follows:
712          (I)     Level 5 is an emergency-level incident within the
713     specified jurisdiction that poses an imminent threat to the
714     provision of wide-scale critical infrastructure services;
715     national, state, or local government security; or the lives of
716     the country's, state's, or local government's residents.
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717          (II)    Level 4 is a severe-level incident that is likely to
718     result in a significant impact in the affected jurisdiction to
719     public health or safety; national, state, or local security;
720     economic security; or civil liberties.
721          (III)     Level 3 is a high-level incident that is likely to
722     result in a demonstrable impact in the affected jurisdiction to
723     public health or safety; national, state, or local security;
724     economic security; civil liberties; or public confidence.
725          (IV)    Level 2 is a medium-level incident that may impact
726     public health or safety; national, state, or local security;
727     economic security; civil liberties; or public confidence.
728          (V)     Level 1 is a low-level incident that is unlikely to
729     impact public health or safety; national, state, or local
730     security; economic security; civil liberties; or public
731     confidence.
732          b.     The cybersecurity incident reporting process must
733     specify the information that must be reported by a state agency
734     following a cybersecurity incident or ransomware incident,
735     which, at a minimum, must include the following:
736          (I)     A summary of the facts surrounding the cybersecurity
737     incident or ransomware incident.
738          (II)    The date on which the state agency most recently
739     backed up its data; the physical location of the backup, if the
740     backup was affected; and if the backup was created using cloud
741     computing.
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742          (III)    The types of data compromised by the cybersecurity
743     incident or ransomware incident.
744          (IV)    The estimated fiscal impact of the cybersecurity
745     incident or ransomware incident.
746          (V)     In the case of a ransomware incident, the details of
747     the ransom demanded.
748          c.(I)    A state agency shall report all ransomware incidents
749     and any cybersecurity incidents incident determined by the state
750     agency to be of severity level 3, 4, or 5 to the Florida Digital
751     Service, the Cybersecurity Operations Center, and the Cybercrime
752     Office of the Department of Law Enforcement as soon as possible
753     but no later than 4 48 hours after discovery of the
754     cybersecurity incident and no later than 2 12 hours after
755     discovery of the ransomware incident. The report must contain
756     the information required in sub-subparagraph b. The Florida
757     Digital Service shall notify the Governor, the President of the
758     Senate, and the Speaker of the House of Representatives of any
759     incident discovered by a state agency but not timely reported
760     under this sub-sub-subparagraph.
761          (II)    The Cybersecurity Operations Center shall notify the
762     President of the Senate and the Speaker of the House of
763     Representatives of any severity level 3, 4, or 5 incident as
764     soon as possible but no later than 12 hours after receiving a
765     state agency's incident report. The notification must include a
766     high-level description of the incident and the likely effects
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767     and must be provided in a secure environment.
768          d.    A state agency shall report a cybersecurity incident
769     determined by the state agency to be of severity level 1 or 2 to
770     the Cybersecurity Operations Center and the Cybercrime Office of
771     the Department of Law Enforcement as soon as possible. The
772     report must contain the information required in sub -subparagraph
773     b.
774          e.    The Cybersecurity Operations Center shall provide a
775     consolidated incident report by the 15th day after the end of
776     each quarter on a quarterly basis to the President of the
777     Senate, the Speaker of the House of Representatives, and the
778     Florida Cybersecurity Advisory Council. The report provided to
779     the Florida Cybersecurity Advisory Council may not contain the
780     name of any agency, network information, or system identifying
781     information but must contain sufficient relevant information to
782     allow the Florida Cybersecurity Advisory Council to f ulfill its
783     responsibilities as required in s. 282.319(9).
784          10.    Incorporating information obtained through detection
785     and response activities into the agency's cybersecurity incident
786     response plans.
787          11.    Developing agency strategic and operational
788     cybersecurity plans required pursuant to this section.
789          12.    Establishing the managerial, operational, and
790     technical safeguards for protecting state government data and
791     information technology resources that align with the state
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792     agency risk management strategy and that protect the
793     confidentiality, integrity, and availability of information and
794     data.
795          13.     Establishing procedures for procuring information
796     technology commodities and services that require the commodity
797     or service to meet the National Institute of Standards and
798     Technology Cybersecurity Framework.
799          14.     Submitting after-action reports following a
800     cybersecurity incident or ransomware incident. Such guidelines
801     and processes for submitting after-action reports must be
802     developed and published by December 1, 2022.
803          (d)     Assist state agencies in complying with this section.
804          (e)     In collaboration with the Cybercrime Office of the
805     Department of Law Enforcement, annually provide training for
806     state agency information security managers and computer security
807     incident response team members that contains training on
808     cybersecurity, including cybersecurity threats, trends, and best
809     practices.
810          (f)     Annually review the strategic and operational
811     cybersecurity plans of state agencies.
812          (g)     Annually provide cybersecurity training to all state
813     agency technology professionals and employees with access to
814     highly sensitive information which develops, assesses, and
815     documents competencies by role and skill level. The
816     cybersecurity training curriculum must include training on the
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817     identification of each cybersecurity incident severity level
818     referenced in sub-subparagraph (c)9.a. The training may be
819     provided in collaboration with the Cybercrime Office of the
820     Department of Law Enforcement, a private sector entity, or an
821     institution of the State University System.
822          (h)   Operate and maintain a Cybersecurity Operations Center
823     led by the state chief information security officer, which must
824     be primarily virtual and staffed with tactical detection and
825     incident response personnel. The Cybersecurity Operations Center
826     shall serve as a clearinghouse for threat information and
827     coordinate with the Department of Law Enforcement to support
828     state agencies and their response to any confirmed or suspected
829     cybersecurity incident.
830          (i)   Lead an Emergency Support Function, ESF CYBER and
831     DIGITAL, under the state comprehensive emergency management plan
832     as described in s. 252.35.
833          (j)   Provide cybersecurity briefings to the members of any
834     legislative committee or subcommittee responsible for policy
835     matters relating to cybersecurity.
836          (k)   Have the authority to respond to any state agency
837     cybersecurity incident.
838          (4)   Each state agency head shall, at a minimum:
839          (a)   Designate a chief information security officer to
840     integrate the agency's technical and operational cybersecurity
841     efforts with the Cybersecurity Operations Center. This
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842     designation must be provided annually in writing to the Florida
843     Digital Service by January 1. An agency's chief information
844     security officer shall report to the agency's chief information
845     officer. An agency may request the department to procure a chief
846     information security officer as a service to fulfill the
847     agency's duties under this paragraph.
848          (b)(a)   Designate an information security manager to ensure
849     compliance with cybersecurity governance, manage risk, and
850     ensure compliance with the state's incident response plan
851     administer the cybersecurity program of the state agency . This
852     designation must be provided annually in writing to the
853     department by January 15 1. A state agency's information
854     security manager, for purposes of these information security
855     duties, shall report directly to the agency head.
856          (c)(b)   In consultation with the department, through the
857     Florida Digital Service, and the Cybercrime Office of the
858     Department of Law Enforcement, and incorporating the resources
859     of the Florida State Guard as appropriate, establish an agency
860     cybersecurity response team to respond to a cybersecurity
861     incident. The agency cybersecurity response team shall convene
862     upon notification of a cybersecurity incident and must
863     immediately report all confirmed or suspected incidents to the
864     state chief information security officer, or his or her
865     designee, and comply with all applicable guidelines and
866     processes established pursuant to paragraph (3)(c).
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867          (d)(c)   Submit to the department annually by July 31, the
868     state agency's strategic and operational cybersecurity plans
869     developed pursuant to rules and guidelines established by the
870     department, through the Florida Digital Service.
871          1.   The state agency strategic cybersecurity plan must
872     cover a 3-year period and, at a minimum, define security goals,
873     intermediate objectives, and projected agency costs for the
874     strategic issues of agency information security policy, risk
875     management, security training, security incident response, and
876     disaster recovery. The plan must be based on the statewide
877     cybersecurity strategic plan created by the department and
878     include performance metrics that can be objectively measured to
879     reflect the status of the state agency's progress in meeti ng
880     security goals and objectives identified in the agency's
881     strategic information security plan.
882          2.   The state agency operational cybersecurity plan must
883     include a progress report that objectively measures progress
884     made towards the prior operational cybersecurity plan and a
885     project plan that includes activities, timelines, and
886     deliverables for security objectives that the state agency will
887     implement during the current fiscal year.
888          (e)(d)   Conduct, and update annually by April 30 every 3
889     years, a comprehensive risk assessment, which may be facilitated
890     by the department or completed by a private sector vendor, to
891     determine the security threats to the data, information, and
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892     information technology resources, including mobile devices and
893     print environments, of the agency. The risk assessment must
894     comply with the risk assessment criteria, methodology, and scope
895     developed by the state chief information security officer. The
896     risk assessment findings must be signed by the agency head or
897     the agency head's designee and the Florida Digital Service. The
898     risk assessment methodology developed by the department and is
899     confidential and exempt from s. 119.07(1), except that such
900     information shall be available to the Auditor General, the
901     Florida Digital Service within the department, the Cybercrime
902     Office of the Department of Law Enforcement, and, for state
903     agencies under the jurisdiction of the Governor, the Chief
904     Inspector General. If a private sector vendor is used to
905     complete a comprehensive risk assessment, it must attest to the
906     validity of the risk assessment findings.
907          (f)(e)   Develop, and periodically update, written internal
908     policies and procedures, which include procedures for reporting
909     cybersecurity incidents and breaches to the Cybercrime Office of
910     the Department of Law Enforcement and the Florida Digital
911     Service within the department. Such policies and procedures must
912     be consistent with the rules, guidelines, and processes
913     established by the department to ensure the security of the
914     data, information, and information technology resources of the
915     agency. The internal policies and procedures that, if disclosed,
916     could facilitate the unauthorized modification, disclosure, or
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917     destruction of data or information technology resources are
918     confidential information and exempt from s. 119.07(1), except
919     that such information shall be available to the Auditor General,
920     the Cybercrime Office of the Department of Law Enforcement, the
921     Florida Digital Service within the department, and, for state
922     agencies under the jurisdiction of the Governor, the Chief
923     Inspector General.
924          (g)(f)   Implement managerial, operational, and technical
925     safeguards and risk assessment remediation plans recommended by
926     the department to address identified risks to the data,
927     information, and information technology resources of the agency.
928     The department, through the Florida Digital Service, shall track
929     implementation by state agencies upon development of such
930     remediation plans in coordination with agency inspectors
931     general.
932          (h)(g)   Ensure that periodic internal audits and
933     evaluations of the agency's cybersecurity program for the data,
934     information, and information technology resources of the agency
935     are conducted. The results of such audits and evaluations are
936     confidential information and exempt from s. 119.07(1), except
937     that such information shall be available to the Auditor General,
938     the Cybercrime Office of the Department of Law Enforcement, the
939     Florida Digital Service within the department, and, for agencies
940     under the jurisdiction of the Governor, the Chief Inspector
941     General.
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942          (i)(h)   Ensure that the cybersecurity requirements in the
943     written specifications for the solicitation, contracts, and
944     service-level agreement of information technology and
945     information technology resources and services meet or exceed the
946     applicable state and federal laws, regulations, and standards
947     for cybersecurity, including the National Institute of Standards
948     and Technology Cybersecurity Framework. Service-level agreements
949     must identify service provider and state agency responsibilities
950     for privacy and security, protection of government data,
951     personnel background screening, and security deliverables with
952     associated frequencies.
953          (j)(i)   Provide cybersecurity awareness training to all
954     state agency employees within 30 days after commencing
955     employment, and annually thereafter, concerning cybersecurity
956     risks and the responsibility of employees to comply with
957     policies, standards, guidelines, and operating procedures
958     adopted by the state agency to reduce those risks. The training
959     may be provided in collaboration with the Cybercrime Office of
960     the Department of Law Enforcement, a private sector entity, or
961     an institution of the State University System.
962          (k)(j)   Develop a process for detecting, reporting, and
963     responding to threats, breaches, or cybersecurity incidents
964     which is consistent with the security rules, guidelines, and
965     processes established by the department through the Florida
966     Digital Service.
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967          1.     All cybersecurity incidents and ransomware incidents
968     must be reported by state agencies. Such reports must comply
969     with the notification procedures and reporting timeframes
970     established pursuant to paragraph (3)(c).
971          2.     For cybersecurity breaches, state agencies shall
972     provide notice in accordance with s. 501.171.
973          (l)(k)    Submit to the Florida Digital Service, within 1
974     week after the remediation of a cybersecurity incident or
975     ransomware incident, an after-action report that summarizes the
976     incident, the incident's resolution, and any insights gained as
977     a result of the incident.
978          (10)    Any legislative committee or subcommittee responsible
979     for policy matters relating to cybersecurity may hold meetings
980     closed by the respective legislative body under the rules of
981     such legislative body at which such committee or subcommittee is
982     briefed on records made confidential and exempt under
983     subsections (5) and (6). The committee or subcommittee must
984     maintain the confidential and exempt status of such records.
985          Section 7.     Paragraph (d) of subsection (5) of section
986     282.3185, Florida Statutes, is redesignated as paragraph (c),
987     and paragraph (b) and present paragraph (c) of that subsection
988     are amended to read:
989          282.3185     Local government cybersecurity.—
990          (5)     INCIDENT NOTIFICATION.—
991          (b)1.     A local government shall report all ransomware
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 992     incidents and any cybersecurity incidents incident determined by
 993     the local government to be of severity level 3, 4, or 5 as
 994     provided in s. 282.318(3)(c) to the Florida Digital Service, the
 995     Cybersecurity Operations Center, the Cybercrime Office of the
 996     Department of Law Enforcement, and the sheriff who has
 997     jurisdiction over the local government as soon as possible but
 998     no later than 4 48 hours after discovery of the cybersecurity
 999     incident and no later than 2 12 hours after discovery of the
1000     ransomware incident. The report must contain the information
1001     required in paragraph (a). The Florida Digital Service shall
1002     notify the Governor, the President of the Senate, and the
1003     Speaker of the House of Representatives of any incident
1004     discovered by a local government but not timely reported under
1005     this subparagraph.
1006          2.    The Cybersecurity Operations Center shall notify the
1007     President of the Senate and the Speaker of the House of
1008     Representatives of any severity level 3, 4, or 5 incident as
1009     soon as possible but no later than 12 hours after receiving a
1010     local government's incident report. The notification must
1011     include a high-level description of the incident and the likely
1012     effects and must be provided in a secure environment.
1013          (c)    A local government may report a cybersecurity incident
1014     determined by the local government to be of severity level 1 or
1015     2 as provided in s. 282.318(3)(c) to the Cybersecurity
1016     Operations Center, the Cybercrime Office of the Department of
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                                    Page 41 of 47
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1511    (2023)
         Amendment No. 1


1017     Law Enforcement, and the sheriff who has jurisdiction over the
1018     local government. The report shall contain the information
1019     required in paragraph (a).
1020          Section 8.   Paragraph (j) of subsection (4) of section
1021     282.319, Florida Statutes, is amended to read:
1022          282.319   Florida Cybersecurity Advisory Council.—
1023          (4)   The council shall be comprised of the following
1024     members:
1025          (j)   Three representatives from critical infrastructure
1026     sectors, one of whom must be from a water treatment facility,
1027     appointed by the Governor.
1028          Section 9.   Section 768.401, Florida Statutes, is created
1029     to read:
1030          768.401   Limitation on liability for cybersecurity
1031     incidents.—
1032          (1)   A county or municipality that substantially complies
1033     with s. 282.3185 shall not be liable in connection with a
1034     cybersecurity incident.
1035          (2)   A sole proprietorship, partnership, corporation,
1036     trust, estate, cooperative, association, or other commercial
1037     entity that acquires, maintains, stores, or uses personal
1038     information shall not be liable in connection with a
1039     cybersecurity incident if the entity substantially complies with
1040     s. 501.171, if applicable, and has:
1041          (a)   Adopted a cybersecurity program that substantially
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1511   (2023)
         Amendment No. 1


1042     aligns with the current version of any of the following
1043     standards:
1044          1.    The National Institute of Standards and Technology
1045     (NIST) Framework for Improving Critical Infrastructure
1046     Cybersecurity.
1047          2.    NIST special publication 800-171.
1048          3.    NIST special publications 800-53 and 800-53A.
1049          4.    The Federal Risk and Authorization Management Program
1050     security assessment framework.
1051          5.    CIS Critical Security Controls.
1052          6.    The International Organization for
1053     Standardization/International Electrotechnical Commission 27000 -
1054     series family of standards; or
1055          (b)     If regulated by the state or Federal Government, or
1056     both, or if otherwise subject to the requirements of any of the
1057     following laws and regulations, substantially complied its
1058     cybersecurity program to the current version of the following,
1059     as applicable:
1060          1.    The security requirements of the Health Insurance
1061     Portability and Accountability Act of 1996, 45 C.F.R. part 164
1062     subpart C.
1063          2.    Title V of the Gramm-Leach-Bliley Act of 1999, Pub. L.
1064     No. 106-102, as amended.
1065          3.    The Federal Information Security Modernization Act of
1066     2014, Pub. L. No. 113-283.
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1511     (2023)
         Amendment No. 1


1067          4.    The Health Information Technology for Economic and
1068     Clinical Health Act, 45 C.F.R. part 162.
1069          (c)    The scale and scope of compliance with a program or
1070     standard under paragraphs (a) or (b) by a covered entity, as
1071     applicable, is appropriate if it is based on all of the
1072     following factors:
1073          1.    The size and complexity of the covered entity;
1074          2.    The nature and scope of the activities of the covered
1075     entity; and
1076          3. The sensitivity of the information to be protected.
1077          (3)    Any commercial entity covered by subsection (2) that
1078     substantially complies with a combination of industry -recognized
1079     cybersecurity frameworks or standards, including the payment
1080     card industry data security standard, to gain the presumption
1081     against liability pursuant to subsection (2) must, upon the
1082     revision of two or more of the frameworks or standards with
1083     which the entity complies, adopt the revised frameworks or
1084     standards within 1 year after the latest publication date stated
1085     in the revisions.
1086          (4)    This section does not establish a private cause of
1087     action. Failure of a county, municipality, or commercial entity
1088     to substantially implement a cybersecurity program that is in
1089     compliance with this section is not evidence of negligence and
1090     does not constitute negligence per se.
1091          (5)    In an action in connection with a cybersecurity
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1511   (2023)
         Amendment No. 1


1092     incident, if the defendant is an entity covered by subsection s
1093     (1) or (2), the defendant has the burden of proof to establish
1094     substantial compliance.
1095          Section 10.   This act shall take effect July 1, 2023.
1096
1097           -----------------------------------------------------
1098                        T I T L E   A M E N D M E N T
1099          Remove everything before the enacting clause and insert:
1100                           A bill to be entitled
1101          An act relating to cybersecurity; providing a short
1102          title; amending s. 110.205, F.S.; exempting certain
1103          personnel from the career service; amending s.
1104          282.0041, F.S.; providing and revising definitions;
1105          amending s. 282.0051, F.S.; requiring the Florida
1106          Digital Service to ensure that independent project
1107          oversight is performed in a certain manner and take
1108          certain actions relating to the procurement of project
1109          oversight as a service; requiring the Florida Digital
1110          Service to provide certain reports by certain dates;
1111          requiring the Florida Digital Service to establish an
1112          operations committee for a certain purpose and
1113          composed of certain members; requiring the Governor to
1114          appoint a state chief information officer subject to
1115          confirmation by the Senate; requiring the state chief
1116          information officer to designate a state chief
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1511   (2023)
         Amendment No. 1


1117          technology officer; amending s. 282.201, F.S.;
1118          providing that the state data center shall be overseen
1119          by and accountable to the Department of Management
1120          Services in consultation with certain officers;
1121          providing requirements for certain state data center
1122          procurements; requiring the Florida Digital Service to
1123          be provided with full access to state data center
1124          infrastructure, systems, applications, and other means
1125          of hosting, supporting, and managing certain data;
1126          requiring the state data center to submit a certain
1127          report to the department and the Florida Digital
1128          Service; amending s. 282.318, F.S.; requiring a state
1129          agency to report ransomware and cybersecurity
1130          incidents within a certain time period; requiring the
1131          Florida Digital Service to notify the Governor and
1132          Legislature of certain incidents; providing that
1133          certain notification must be provided in a secure
1134          environment; requiring the Florida Digital Service to
1135          provide cybersecurity briefings to certain legislative
1136          committees; authorizing the Florida Digital Service to
1137          respond to certain cybersecurity incidents; requiring
1138          a state agency head to designate a chief information
1139          security officer for the agency; revising the purpose
1140          of an agency's information security manager; revising
1141          the frequency of a comprehensive risk assessment;
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1511   (2023)
         Amendment No. 1


1142          authorizing certain legislative committees to hold
1143          closed meetings to receive certain briefings;
1144          requiring such committees to maintain the confidential
1145          and exempt status of certain records; amending s.
1146          282.3185, F.S.; requiring a local government to report
1147          ransomware and cybersecurity incidents within a
1148          certain time period; requiring the Florida Digital
1149          Service to notify the Governor and Legislature of
1150          certain incidents; providing that certain notification
1151          must be provided in a secure environment; amending s.
1152          282.319, F.S.; revising the membership of the Florida
1153          Cybersecurity Advisory Council; creating s. 768.401,
1154          F.S.; providing a presumption against liability in
1155          connection with a cybersecurity incident for a county,
1156          municipality, or commercial entity that complies with
1157          certain requirements; requiring certain entities to
1158          adopt certain revised frameworks or standards within a
1159          specified time period; providing that a private cause
1160          of action is not established; providing that certain
1161          failures are not evidence of negligence and do not
1162          constitute negligence per se; providing an effective
1163          date.




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PCS for HB 1025
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 1025 Government Vehicles
SPONSOR(S): Energy, Communications & Cybersecurity Subcommittee
TIED BILLS:       IDEN./SIM. BILLS: CS/CS/SB 284

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  Orig. Comm.: Energy, Communications &                                               Walsh              Keating
     Cybersecurity Subcommittee

                                             SUMMARY ANALYSIS
Current law requires state agencies that wish to procure commodities or contractual services in excess of
$35,000 to use a competitive solicitation process. A competitive solicitation is the process of requesting and
receiving two or more sealed bids, proposals, or replies submitted by responsive vendors in accordance with
the terms of a competitive process.

State agencies, in many circumstances, are required to take specified actions to promote energy efficiency and
other environmental benefits when conducting public business. When procuring new vehicles, state agencies,
state universities, community colleges, and local governments under a state purchasing plan must first define
the intended purpose for the vehicle and determine which statutorily listed use class applies. Vehicles must be
selected for the greatest fuel efficiency available for the determined class when fuel economy data is available.

Under the bill, any governmental entity that purchases under the state purchasing plan must select vehicles
based on the lowest lifetime ownership costs, including costs for fuel, operations, and maintenance.

The bill strikes the requirement under current law that state agencies use ethanol and biodiesel fuel when
available, and the bill removes the requirement that state agencies that administer central fueling operations
for state-owned vehicles procure biofuels for fleet needs to the greatest extent practicable.

The bill requires DMS to make recommendations before July 1, 2024, to state agencies and local governments
regarding the procurement of electric vehicles and natural gas fuel vehicles.

The bill has no impact state or local government revenues or expenditures.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs1025.ECC
DATE: 3/19/2023
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Procurement of Commodities or Contractual Services

        Current law specifies the procedures for procurement of commodities or contractual services. 1 The
        Department of Management Services (DMS) provides uniform commodity and contractual service
        procurement policies, rules, procedures, and forms for use by agencies and eligible users, 2 and
        establishes purchasing agreements and procures state term contracts for commodities and contractual
        services.3

        DMS is required to consider the life-cycle cost of commodities purchased by the state, when applicable
        and feasible.4 When calculating the life-cycle cost, the agency may consider the acquisition cost of the
        product; the energy consumption and the projected cost of energy over the useful life of the product;
        and the anticipated trade-in, resale, or salvage value of the product.5 The agency is authorized to
        establish by rule energy-efficiency standards for major energy-consuming products.6

        Florida law requires state agencies that wish to procure commodities or contractual services in excess
        of $35,0007 to use a competitive solicitation process.8 Competitive solicitation is the process of
        requesting and receiving two or more sealed bids, proposals, or replies submitted by responsive
        vendors in accordance with the terms of a competitive process, regardless of procurement method. 9

        Commodities or contractual services available only from a single source may be exempt from the
        competitive solicitation requirement.10 Current law specifies the processes an agency must follow in this
        circumstance.11

        Climate-friendly Public Business

        Current law requires state agencies, in many circumstances, to take specified actions to promote
        energy efficiency and other environmental benefits when conducting public business. 12 These actions
        include:
             Consulting the Florida Climate-Friendly Preferred Products List13 when procuring products from
               state term contracts 14 and procuring such products if the price is comparable;15
             Contracting for meeting and conference space only with facilities that have received a special
               designation from the Department of Environmental Protection for best practices in water,

1 Ch. 287, F.S.
2 S. 287.032,   F.S.
3 S. 287.042(2)(a),  F.S.
4 S. 287.083(1),  F.S.
5 S. 287.083(5), F.S.
6 S. 287.083(3)(a), F.S.
7 S. 287.017(2), F.S.
8 S. 287.057(1), F.S.
9 S. 287.012(6), F.S.
10 S. 287.057(3)(c), F.S.
11 Id.
12 S. 286.29, F.S.
13 The Florida Climate-Friendly Preferred Products List is developed by DMS, which works with the Department of

Environmental Protection to continually assess the list. The list identifies specific products and vendors that offer energy
efficiency or other environmental benefits over competing products. See s. 286.29(1), F.S.
14 A state term contract is a contract for commodities or contractual services that is competitively procured by DMS and is

used by agencies and other eligible users. See ss. 287.012(28), F.S. and 287.042(2)(a), F.S.
15 S. 286.29(1), F.S.
STORAGE NAME: pcs1025.ECC                                                                                            PAGE: 2
DATE: 3/19/2023
                   energy, and waste efficiency standards, absent a determination from the agency head no other
                   viable alternative exists;16
                  Ensuring all maintained vehicles meet minimum maintenance schedules shown to reduce fuel
                   consumption and reporting compliance to DMS; 17 and
                  Using ethanol and biodiesel blended fuels when available. State agencies administering central
                   fueling operations for state-owned vehicles shall procure biofuels for fleet needs to the greatest
                   extent practicable.18

        Additionally, state agencies, state universities, community colleges, and local governments that
        purchase vehicles under a state purchasing plan must first define the intended purpose for the vehicle
        and determine which statutorily listed use class 19 the vehicle is being procured for.20 These vehicles
        must be selected for the greatest fuel efficiency available for the determined use class when fuel
        economy data is available.21 Exceptions may be made for emergency response vehicles in certain
        circumstances.22

        Effect of the Bill

        The bill requires any governmental entity that purchases under the state purchasing plan to select
        vehicles for each use class based on the lowest lifetime ownership costs, including costs for fuel,
        operations, and maintenance, rather than based on the greatest fuel efficiency.

        The bill strikes the requirement under current law that state agencies use ethanol and biodiesel fuel
        when available. It also removes the requirement that state agencies that administer central fueling
        operations for state-owned vehicles procure biofuels for fleet needs to the greatest extent practicable.

        The bill requires DMS to make recommendations before July 1, 2024, to state agencies, state colleges
        and universities, and local governments regarding the procurement of electric vehicles and natural gas
        fuel vehicles and the best practices for integrating those vehicles into existing fleets.

        The bill provides an effective date of July 1, 2023.

    B. SECTION DIRECTORY:
        Section 1: Amends s. 286.29, F.S., relating to climate-friendly public business.

        Section 2: Requires DMS to make specified recommendations.

        Section 3: Provides an effective date of July 1, 2023.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
             None.


16 S. 286.29(2), F.S.
17 S. 286.29(3), F.S.
18 S. 286.29(5), F.S.
19 Listed vehicle use classes are the following: state business travel, designated operator; state business travel, pool

operators; construction, agricultural, or maintenance work; conveyance of passengers; conveyance of building or
maintenance materials and supplies; off-road vehicle, motorcycle, or all-terrain vehicle; emergency response; or other.
See s. 286.29(4), F.S.
20 S. 286.29(4), F.S.
21 Id.
22 Id.
STORAGE NAME: pcs1025.ECC                                                                                            PAGE: 3
DATE: 3/19/2023
       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditures of funds; reduce the authority that counties or municipalities have
          to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs1025.ECC                                                                                  PAGE: 4
DATE: 3/19/2023
F   L     O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




           PCS for HB 1025                                                                                      2023




    1                                         A bill to be entitled
    2              An act relating to government vehicles; amending s.
    3              286.29, F.S.; revising the selection criteria for
    4              purchasing or leasing vehicles for state agencies,
    5              state universities, community colleges, and local
    6              governments under a state purchasing plan; deleting a
    7              provision requiring the use and procurement of ethanol
    8              and biodiesel blended fuels; requiring the Department
    9              of Management Services, before a specified date, to
10                 make recommendations to state agencies, state
11                 universities, community colleges, and local
12                 governments relating to the procurement and
13                 integration of electric and natural gas fuel vehicles;
14                 providing an effective date.
15
16         Be It Enacted by the Legislature of the State of Florida:
17
18                 Section 1.         Subsections (4) and (5) of section 286.29,
19         Florida Statutes, are amended to read:
20                 286.29        Climate-friendly public business.—The Legislature
21         recognizes the importance of leadership by state government in
22         the area of energy efficiency and in reducing the greenhouse gas
23         emissions of state government operations. The following shall
24         pertain to all state agencies when conducting public business:
25                 (4)         When procuring new vehicles, all state agencies, state

                                                         Page 1 of 3

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        PCS for HB 1025                                                                                      2023




26      universities, community colleges, and local governments that
27      purchase vehicles under a state purchasing plan shall first
28      define the intended purpose for the vehicle and determine which
29      of the following use classes for which the vehicle is being
30      procured:
31              (a)         State business travel, designated operator;
32              (b)         State business travel, pool operators;
33              (c)         Construction, agricultural, or maintenance work;
34              (d)         Conveyance of passengers;
35              (e)         Conveyance of building or maintenance materials and
36      supplies;
37              (f)         Off-road vehicle, motorcycle, or all-terrain vehicle;
38              (g)         Emergency response; or
39              (h)         Other.
40
41      Vehicles described in paragraphs (a) through (h), when being
42      processed for purchase or leasing agreements, must be selected
43      based on the lowest lifetime ownership costs, including costs
44      for fuel, operations, and maintenance, for the greatest fuel
45      efficiency available for a given use class when fuel economy
46      data are available. Exceptions may be made for individual
47      vehicles in paragraph (g) when accompanied, during the
48      procurement process, by documentation indicating that the
49      operator or operators will exclusively be emergency first
50      responders or have special documented need for exceptional

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        PCS for HB 1025                                                                                      2023




51      vehicle performance characteristics. Any request for an
52      exception must be approved by the purchasing agency head and any
53      exceptional performance characteristics denoted as a part of the
54      procurement process prior to purchase.
55              (5)         All state agencies shall use ethanol and biodiesel
56      blended fuels when available. State agencies administering
57      central fueling operations for state-owned vehicles shall
58      procure biofuels for fleet needs to the greatest extent
59      practicable.
60              Section 2.         Before July 1, 2024, the Department of
61      Management Services shall make recommendations to state
62      agencies, state universities, community colleges, and local
63      governments regarding the procurement of electric and natural
64      gas fuel vehicles and best practices for integrating such
65      vehicles into existing fleets.
66              Section 3.         This act shall take effect July 1, 2023.




                                                      Page 3 of 3

     CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1331
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 1331 Municipal Utilities
SPONSOR(S): Energy, Communications & Cybersecurity Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  Orig. Comm.: Energy, Communications &                                               Walsh              Keating
     Cybersecurity Subcommittee

                                               SUMMARY ANALYSIS
Pursuant to s. 2(b), Art. VIII of the State Constitution, municipalities have the governmental, corporate, and
proprietary powers to enable them to conduct municipal government, perform municipal functions, and render
municipal services. Under their home rule power and as otherwise provided or limited by law or agreement,
municipalities may provide utilities to citizens and entities within the municipality’s corporate boundaries, in
unincorporated areas, and even in other municipalities.

Many municipalities own and operate electric utilities and natural gas utilities and govern the operation of those
utilities through ordinance, code, or policies. Municipalities are also authorized by general law to provide water
and sewer utility services. A municipality that operates a water or sewer utility outside of its municipal
boundaries may impose higher rates, fees, and charges on consumers receiving service outside of its
corporate boundaries as compared to the rates, fees, and charges imposed on consumers within its
boundaries. Municipalities routinely transfer a portion of their utility earnings to their general funds for non-utility
purposes, though the amounts and percentages may vary widely among municipalities .

The bill places limits on the portion of municipal utility revenues that may be used to fund or finance a
municipality’s non-utility related general government functions. In doing so, the bill limits the rate of transfer for
municipal electric, natural gas, and water or wastewater utilities. Under the bill, the greater the proportion of
customers outside of the city boundaries that a municipal utility serves, the lower the cap is on transfers.
However, if a municipal utility is governed by a utility authority board that, through the election of voting
members from outside the municipal boundaries, provides for representation of retail customers located
outside the municipal boundaries approximately proportionate to the percentage of such customers , then
transfers of revenue are not subject to a reduced cap.

The bill removes a provision allowing water or sewer utilities to add, for consumers outside of its boundaries, a
surcharge of up to 25 percent of the rates, fees, and charges imposed on consumers within its boundaries.
Furthermore, the bill changes the limit on the rates, fees, and charges such utility can impose on customers
outside of municipal boundaries to no more than 25 percent above the total amount the municipal water or
sewer utility charges customers within the municipal boundaries, provided rates for outside customers are set
in a public hearing using the same methods as rates for other customers.

The bill limits the rates, fees, and charges that a municipal water or sewer utility that provides service to
consumers within the boundaries of a separate municipality, using a water treatment plant or sewer treatment
plant located within the boundaries of that separate municipality, by requiring that such charges are no more
that the rates, fees, and charges imposed on consumers inside its own municipal boundaries.

The bill will not impact state government revenues and state or local government expenditures. The bill may
have a negative fiscal impact on certain local revenues. See Fiscal Analysis & Economic Impact Statement.

The bill provides an effective date of July 1, 2024.

This bill may be a county or municipality mandate requiring a two-thirds vote of the membership of the
House. See Section III.A.1 of the analysis.



This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs1331.ECC
DATE: 3/20/2023
                                                     FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Local Government Utility Services

        Pursuant to s. 2(b), Art. VIII of the State Constitution, municipalities have the governmental, corporate,
        and proprietary powers to enable them to conduct municipal government, perform municipal functions,
        and render municipal services. Municipalities may exercise any power for municipal purposes, except
        when expressly prohibited by law.1 The legislative body of each municipality has the power to enact
        legislation on any subject upon which the state Legislature may act with certain exceptions. 2 Under
        their home rule power and as otherwise provided or limited by law or agreement, municipalities may
        provide utilities to citizens and entities within the municipality’s corporate boundaries, in unincorporated
        areas, and even in other municipalities.

        Many municipalities own and operate electric utilities and natural gas utilities and govern the operation
        of those utilities through ordinance, code, or policies. Currently, there are 33 municipal electric utilities
        in the state.3 Municipal electric and natural gas utility rates are not directly regulated by the Florida
        Public Service Commission (PSC), however, the PSC does have jurisdiction over municipal electric
        utilities for matters related to rate structure, power plant transmission line site certification, general
        reporting jurisdiction, service territory and territory disputes, energy efficiency reporting, ten year site
        plans, reporting on system hardening and resiliency, reporting on net metering, audits related to
        regulatory assessment fees, monitoring renewable energy, reporting on facilities inspection and
        vegetation management, and grid bill jurisdiction.4

        Municipalities are authorized by general law to provide water and sewer utility services. 5 With respect
        to public works projects, including water and sewer utility services, 6 municipalities may extend and
        execute their corporate powers outside of their corporate limits as “desirable or necessary for the
        promotion of the public health, safety and welfare.”7 A municipality may not extend or apply these
        corporate powers within the corporate limits of another municipality.8 However, it may permit any other
        municipality and the owners of lands outside its corporate limits or within the limits of another
        municipality to connect with its water and sewer utility facilities and use its services upon agreed terms
        and conditions.9 An informal study conducted in 2014 indicated that approximately 250 municipalities
        provide water service and approximately 220 municipalities provide wastewater service. Of these
        municipalities, the study found that approximately 140 provide water and/or waste water services to

1 Section 166.021(2),   F.S., provides that any activity or power which may be exercised by the state or its political
subdivisions is considered a municipal purpose.
2 Pursuant to s. 166.021(3), F.S., a municipality may not enact legislation on the following: the subjects of annexation,

merger, and exercise of extraterritorial power, which require general law or special law; any subject expressly prohibited
by the constitution; any subject expressly preempted to state or county government by the constitution or by general law;
and any subject preempted to a county pursuant to a county charter adopted under the authority of the State constitution.
3 Presentation on Florida Public Power, Florida Municipal Electric Association (Feb. 9, 2023), slide 2, available at

https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees& CommitteeId= 3226&S
ession=2023&DocumentType=Meeting+Packets&FileName=ecc+2-9-23.pdf.
4 Id. at slide 3.
5 Pursuant to s. 180.06, F.S., a municipality may “provide water and alternative water supplies;” “provide for the collection

and disposal of sewage, including wastewater reuse, and other liquid wastes; ” and “construct reservoirs, sewerage
systems, trunk sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems,
purification works, collection systems, treatment and disposal works ” to accomplish these purposes.
6 Other public works projects authorized under s. 180.06, F.S., include alternative water supplies, maintenance of water

flow and bodies of water for sanitary purposes, garbage collection and disposal, airports, hospitals, jails, golf courses, ga s
plants and distribution systems, and related facilities.
7 S. 180.02(2), F.S.
8 Id.
9 S. 180.19, F.S.
STORAGE NAME: pcs1331.ECC                                                                                               PAGE: 2
DATE: 3/20/2023
        customers outside of their municipal boundaries, which may include customers in unincorporated areas
        of counties or in other municipalities.10 These utility systems are exempt from PSC jurisdiction.

        A municipality that operates a water or sewer utility outside of its municipal boundaries may impose
        higher rates, fees, and charges on consumers receiving service outside of its corporate boundaries as
        compared to the rates, fees, and charges imposed on consumers within its boundaries. The
        municipality can accomplish this in two ways:

                First, for consumers outside of its boundaries, it may add a surcharge of up to 25 percent of the
                 rates, fees, and charges imposed on consumers within its boundaries. This mechanism does
                 not require a public hearing.11
                Second, it may set separate rates, fees, and charges for consumers outside its boundaries
                 based on the same factors used to set rates for consumers within its boundaries. It may add a
                 surcharge of up to 25 percent of these charges, provided that the total of all such rates, fees,
                 and charges for service to consumers outside its boundaries may not exceed the total charges
                 to consumers within its boundaries by more than 50 percent for corresponding service. Rates
                 set in this manner require a public hearing at which all users served or to be served by the
                 water or sewer utilities and all other interested persons will have an opportunity to be heard
                 concerning the proposed rates.12

        There is no central repository for information concerning municipal water or sewer service rates that
        identifies municipalities that impose higher rates on consumers outside of the municipal boundaries, the
        specific mechanism used by such municipalities to establish such rates, or the level of any additional
        charge or surcharge imposed.

        Most municipal utility systems are governed by the municipality’s governing body (i.e., the city
        commission). Six municipal electric utility systems in Florida are governed by separate utility boards, or
        “authorities,” which are typically appointed by the municipality’s governing body.13 These utility
        authorities vary in structure, though the charter documents for each generally address the powers and
        duties of the authority (including terms related to rate-setting, financing, acquisitions, and eminent
        domain), the selection process for authority members (including qualifications and terms of office), the
        management and personnel of the authority, the transfer of revenues from utility operations to the
        municipality, and the degree of continuing oversight by the municipal governing body.

        Current law authorizes municipalities to raise amounts of money which are necessary for the conduct of
        the municipal government. A municipality may do so by taxation and licenses authorized by Florida’s
        constitution or general law, or by user charges or fees authorized by ordinance. 14 Municipalities
        routinely transfer a portion of their utility earnings to their general funds for non-utility purposes, though
        the amounts and percentages may vary widely among municipalities.15 These transfers may be limited
        in some circumstances by ordinance, but they are not governed by state law.

        Effect of the Bill

        The bill places limits on the portion of municipal utility revenues that may be used to fund or finance a
        municipality’s non-utility related general government functions. In doing so, the bill limits the rate of
        transfer for municipal electric, natural gas, and water or wastewater utilities. Under the bill, the greater
        the proportion of customers outside of the city boundaries that a municipal utility serves, the lower the
        cap is on transfers.


10 Analysis of House Bill 813 (2014), Florida House of Representatives.
11 S. 180.191(1)(a), F.S.
12 S. 180.191(1)(b), F.S.
13 The Keys Energy Services Utility Board is the only utility authority in the state with elected board members. Key West

has an elected board, with 2 of the 5 members from outside the city limits. Presentation on Florida Public Power, Florida
Municipal Electric Association supra n. 6, slide 8.
14 S. 166.201, F.S.
15 Presentation on Florida Public Power, Florida Municipal Electric Association supra n. 6, slide 6.
STORAGE NAME: pcs1331.ECC                                                                                           PAGE: 3
DATE: 3/20/2023
        Under the bill, revenues transferred to fund or finance non-utility governmental functions, which were
        generated by a municipal electric utility, may not exceed a rate equal to the amount derived by applying
        the average of the midpoints of the rates of return on equity approved by the PSC for each investor-
        owned electric utility in the state.

        Similarly, the bill limits revenues transferred to fund or finance non-utility governmental functions, which
        were generated by a municipal natural gas utility by capping the transfer at a rate equal to the amount
        derived by applying the average of the midpoints of the rates of return on equity approved by the PSC
        for each investor-owned natural gas utility in the state.

        Under the bill, revenues generated from a municipal water or wastewater utility may only be transferred
        at a rate equal to the amount derived by applying the rate of return on equity established by the PSC
        under s. 367.081(4)(f), F.S.16

        The bill provides for reduction to these transfer caps based on the percentage of utility customers
        outside the city boundaries, as measured by total meters served. Under the bill, if more than:
             15 percent of a municipal utility’s customers are located outside of municipal boundaries, then
                the transfer rate applied to utility revenues will be reduced by 150 basis points. 17
             30 percent of a municipal utility’s customers are located outside of municipal boundaries, then
                the transfer rate applied to utility revenues will be reduced by 300 basis points.
             45 percent of a municipal utility’s customers are located outside of municipal boundaries, then
                the transfer rate applied to utility revenues will be reduced by 450 basis points.

        However, if a municipal utility is governed by a utility authority board that, through the election of voting
        members from outside the municipal boundaries, provides for representation of retail customers located
        outside the municipal boundaries approximately proportionate to the percentage of such customers, as
        measured by total meters served, then transfers of revenue are not subject to the above reductions.

        The bill removes the provision allowing water or sewer utilities to add, for consumers outside of its
        boundaries, a surcharge of up to 25 percent of the rates, fees, and charges imposed on consumers
        within its boundaries. Furthermore, the bill changes the limit on the rates, fees, and charges such utility
        can impose on customers outside of municipal boundaries to no more than 25 percent above the total
        amount the municipal water or sewer utility charges customers within the municipal boundaries,
        provided rates for outside customers are set in a public hearing using the same methods as rates for
        other customers.

        The bill limits the rates, fees, and charges that a municipal water or sewer utility that provides service to
        consumers within the boundaries of a separate municipality, using a water treatment plant or sewer
        treatment plant located within the boundaries of that separate municipality, by requiring that such
        charges are no more that the rates, fees, and charges imposed on consumers inside its own municipal
        boundaries.

        The bill provides an effective date of July 1, 2024.

    B. SECTION DIRECTORY:
        Section 1: Amends s. 166.201, F.S., relating to taxes and charges.

        Section 2: Amends s. 180.191, F.S., relating to limitation on rates charged consumer outside city limits.



16 Section 367.081,    F.S., permits the PSC to establish a leverage formula that reasonably reflect the range of returns on
common equity for an average water or wastewater utility and which must be used to calculate the last authorized rate of
return on equity for any utility which otherwise would have no established rate of return on equity.
17 Basis points are commonly used to measure interest rates and percentages in finance, showing the change in the value

or rate of a financial instrument, such as 1% change equals a change of 100 basis points and 0.01% change equals one
basis point. Jason Fernando, Basis Point (BPS) Explained for Interest Rates and Investments (Jul. 5, 2022), Investopedia,
https://www.investopedia.com/terms/b/basispoint.asp (last visited Mar. 20, 2023).
STORAGE NAME: pcs1331.ECC                                                                                            PAGE: 4
DATE: 3/20/2023
       Section 3: Provides an effective date of July 1, 2024.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           The bill will likely have a negative fiscal impact on local governments which own and operate water
           or wastewater utilities, as it reduces the maximum amount that municipal water and sewer utilities
           can charge customers outside the municipal boundaries.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          The county/municipality mandates provision of Art. VII, section 18(b), of the Florida Constitution may
          apply because this bill reduces the maximum amount that municipal water and sewer utilities can
          charge customers outside the municipal boundaries. If the bill does qualify as a mandate, final
          passage must be approved by two-thirds of the membership of each house of the Legislature.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES


STORAGE NAME: pcs1331.ECC                                                                                 PAGE: 5
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           PCS for HB 1331                                                                                      2023




    1                                         A bill to be entitled
    2              An act relating to municipal utilities; amending s.
    3              166.201, F.S.; authorizing a municipality to fund or
    4              finance general government functions with a portion of
    5              revenues from utility operations; establishing limits
    6              on utility revenue transfers for municipal utilities
    7              that serve customers located outside the municipal
    8              boundaries; amending s. 180.1291, F.S.; modifying
    9              provisions relating to permissible rates, fees, and
10                 charges imposed by municipal water and sewer utilities
11                 on customers located outside the municipal boundaries;
12                 providing an effective date.
13
14         Be It Enacted by the Legislature of the State of Florida:
15
16                 Section 1.         Section 166.201, Florida Statutes, is amended
17         to read:
18                 166.201        Taxes and charges.—
19                 (1)         A municipality may raise, by taxation and licenses
20         authorized by the constitution or general law, or by user
21         charges or fees authorized by ordinance, amounts of money which
22         are necessary for the conduct of municipal government and may
23         enforce their receipt and collection in the manner prescribed by
24         ordinance not inconsistent with law.
25                 (2)(a)        A municipality that owns and operates an electric,

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        PCS for HB 1331                                                                                      2023




26      natural gas, water, or wastewater utility may fund or finance
27      general government functions using a portion of the revenues
28      generated from rates, fees, and charges for the provision of
29      such utility service. The portion of utility revenues that may
30      be used during a fiscal year to fund or finance general
31      government functions, after payment of all utility expenses, may
32      not exceed:
33              1.      For revenues generated from electric utility
34      operations, a transfer rate equal to the amount derived by
35      applying the average of the midpoints of the rates of return on
36      equity approved by the Public Service Commission for each
37      investor-owned electric utility in the state to the municipal
38      electric utility’s revenues.
39              2.      For revenues generated from natural gas utility
40      operations, a transfer rate equal to the amount derived by
41      applying the average of the midpoints of the rates of return on
42      equity approved by the Public Service Commission for each
43      investor-owned natural gas utility in the state to the municipal
44      natural gas utility’s revenues.
45              3.      For revenues generated from water or wastewater
46      operations, a transfer rate equal to the amount derived by
47      applying the rate of return on equity established by the Public
48      Service Commission under s. 367.081(4)(f) to the municipal water
49      or wastewater utility’s revenues.
50              (b)         Except as provided in paragraph (c), the transfer rate

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        PCS for HB 1331                                                                                      2023




51      applied to municipal utility revenues under subparagraphs (a)1.-
52      3. shall be reduced as follows:
53              1.      If more than 15 percent of a municipal utility’s retail
54      customers, as measured by total meters served, are located
55      outside the municipal boundaries, the transfer rate applied to
56      utility revenues shall be reduced by 150 basis points.
57              2.      If more than 30 percent of a municipal utility’s retail
58      customers, as measured by total meters served, are located
59      outside the municipal boundaries, the transfer rate applied to
60      utility revenues shall be reduced by 300 basis points.
61              3. If more than 45 percent of a municipal utility’s retail
62      customers, as measured by total meters served, are located
63      outside the municipal boundaries, the transfer rate applied to
64      utility revenues shall be reduced by 450 basis points.
65              (c)         The reductions specified in paragraph (b) shall not
66      apply to a municipal utility service if the utility service is
67      governed by a utility authority board that, through the election
68      of voting members from outside the municipal boundaries,
69      provides for representation of retail customers located outside
70      the municipal boundaries approximately proportionate to the
71      percentage of such customers, as measured by total meters
72      served, that receive service from the utility.
73              Section 2.         Subsection (1) of section 180.191, Florida
74      Statutes, is amended to read:
75              180.191        Limitation on rates charged consumer outside city

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         PCS for HB 1331                                                                                      2023




 76      limits.—
 77              (1)         Any municipality within the state operating a water or
 78      sewer utility outside of the boundaries of such municipality
 79      shall charge consumers outside the boundaries rates, fees, and
 80      charges determined in one of the following manners:
 81              (a)         It may charge the same rates, fees, and charges as
 82      consumers inside the municipal boundaries. However, in addition
 83      thereto, the municipality may add a surcharge of not mo re than
 84      25 percent of such rates, fees, and charges to consumers outside
 85      the boundaries. Fixing of such rates, fees, and charges in this
 86      manner shall not require a public hearing except as may be
 87      provided for service to consumers inside the municipality.
 88              (b)1.         It may charge rates, fees, and charges that are just
 89      and equitable and which are based on the same factors used in
 90      fixing the rates, fees, and charges for consumers inside the
 91      municipal boundaries. In addition thereto, the municipality may
 92      add a surcharge not to exceed 25 percent of such rates, fees,
 93      and charges for said services to consumers outside the
 94      boundaries. However, the total of all such Such rates, fees, and
 95      charges for the services to consumers outside the boundaries
 96      shall not be more than 25 50 percent greater than in excess of
 97      the total amount the municipality charges consumers served
 98      within the municipality for corresponding service. No such
 99      rates, fees, and charges shall be fixed until after a public
100      hearing at which all of the users of the water or sewer systems;

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         PCS for HB 1331                                                                                      2023




101      owners, tenants, or occupants of property served or to be served
102      thereby; and all others interested shall have an opportunity to
103      be heard concerning the proposed rates, fees, and charges. Any
104      change or revision of such rates, fees, or charges may be made
105      in the same manner as such rates, fees, or charges were
106      originally established, but if such change or revision is to be
107      made substantially pro rata as to all classes of service, both
108      inside and outside the municipality, no hearing or notice shall
109      be required.
110              (2)         Any municipality within the state operating a water or
111      sewer utility that provides service to consumers within the
112      boundaries of a separate municipality through the use of a water
113      treatment plant or sewer treatment plant located within the
114      boundaries of that separate municipality may charge consumers in
115      the separate municipality no more than the rates, fees, and
116      charges imposed on consumers inside its own municipal
117      boundaries.
118              Section 3.         This act shall take effect July 1, 2024.




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