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Daily Legislative Brief from March 7, 2016

IT Governance

HB 1033 & SB 7050-Relating to Information Technology Security
On Monday, March 7th, HB 1033, relating to Information Technology Security, by Rep. Frank Artiles (R-Miami) was amended, read for a third time on the House floor and passed by a vote of 111 yeas to 0 nays.

Once HB 1033 passed through the House early Monday morning, the Senate took up the House version from messages and substituted HB 1033 for its Senate companion, SB 7050. Following this action, a vote was taken and HB 1033 passed through the floor of the Senate unanimously with a vote of 38 yeas to 0 nays.

HB 1033 will put into place procedures to, hopefully, prevent/aide state agencies in the event of a cyber-attack. The bill requires the Agency for State Technology (AST) to establish standards and processes consistent with best practices for both information technology (IT) security and cybersecurity. It also requires AST to develop and publish guidelines and processes for an IT security framework to be used by state agencies. In part, the guidelines and processes must address completing risk assessments administered by a third party, establishing a computer security incident response team (team), and establishing an IT incident reporting process.

The bill requires the information security manager of each state agency to establish a team to respond to a suspected computer security incident. It also requires each state agency head to conduct a risk assessment administered by a third party by July 31, 2017; conduct IT security and cybersecurity training for new employees; ensure that certain personnel understand their roles and responsibilities; develop notification procedures for reporting IT security incidents and breaches; and improve organizational response activities.

The bill requires the Technology Advisory Council within AST to have at least one member who is a cybersecurity expert.

HB 1033 will now go to Governor Scott’s desk to be signed into law.

AIF supports legislation that will bring our states cyber security measures up to date to protect Floridians and Florida’s businesses from potential cyber-attacks.

HB 1195-Relating to Technology
On Monday, March 7th, HB 1195, relating to Technology, by Rep. James Grant (R-Tampa) was read for a third time on the floor of the House and passed by a vote of 110 yeas to 1 nay.

HB 1195 establishes a chief data officer (CDO) within AST; requires AST to create reporting format for certain data & publish such data in indexed catalog; requires that government entities annually provide indexed list of certain data to AST; provides list requirements. Once the CDO is in place, that position must request and receive data from any state or local government entity, as needed, to establish the interoperability of public data, for the purpose of maintaining and updating the data catalog.

HB 1195 will now go to the Senate chamber.

AIF supports legislative changes that will designate systems and processes to be implemented and operated at an enterprise (statewide or agency grouping) level and provide operational authority and funding to the AST.

Transportation

On Monday, March 7th,  HB 7027, relating to the Department of Transportation, by the House Transportation & Ports Subcommittee and Rep. Patrick Rooney Jr. (R-Palm Beach Gardens) was amended and passed through the Senate floor by a vote of 37 yeas to 0 nays.

HB 7027, which is one of two substantial transportation and port related bills moving through the House, contains a number of important provisions for AIF and its members. 

One of AIF’s top transportation priorities, the Florida Seaport Transportation and Economic Development Program (FSTED), is increased by $10million ($25 million) in HB 7027.  This program which supports growth and economic activity at the state’s ports serves as an important program and one that has been extremely successful for the state.  Additionally, the bill aids some of the state’s smaller contractors by creating the Business Development Program which is designed to help companies navigate procurements for road projects while increasing competition for the work. 

HB 7027 creates a state FDOT Financing Corporation which will serve as a financing mechanism for Public Private Partnerships (P3s) across the state.   By creating the FDOT Financing Corporation, the state would offer a mechanism to provide reliable, state bonds for up front financing of P3 projects in the state.  In doing so, the Department believes this approach would leverage lower capital costs provided to the municipal bond markets as an option for securing financing for the upfront costs of P3 projects.  Several members of the committee expressed concerns about this proposal however, citing existing state programs and financing options as being already available for P3 projects. 

HB 7027 must now return to the House to be considered as amended.

AIF supports increasing the FSTED funding and spending cap levels from $15 million to $25 million, a very important provision for Florida’s ports. AIF also supports creating the FDOT Business Development Program as a mechanism to help educate and provide expertise to Florida’s small businesses looking to do work in the Department’s often-complex procurement process.

Workforce

HB 1133- Relating to Applicability of Revenue Laws to Out-of-state Businesses During Disaster-Response Periods
On Monday, March 7th, HB 1133, relating to relating to Applicability of Revenue Laws to Out-of-state Businesses During Disaster-Response Periods, by Rep. Dana Young (R-Tampa) was read for a third time on the Senate floor and passed by a unanimous vote of 37 yeas to 0 nays. 

This legislation would remove hindrances, such as taxes and regulations, that in any other situation would be the normal course of business for out of state companies coming to Florida to assist with emergency response during a disaster situation.

HB 1133 will now go to the desk of Governor Scott to be signed into law.

AIF supports legislation that will remove the loop holes’ businesses would ordinarily have to go through when coming to Florida to aide in a state of emergency.