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FL S0658
Bill
Status
11/30/2023
Primary Sponsor
Governmental Oversight and Accountability
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AI Summary
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Counties, municipalities, and other political subdivisions of Florida that substantially comply with s. 282.3185 are shielded from liability in connection with a cybersecurity incident
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Commercial entities and third-party agents that handle personal information are not liable for cybersecurity incidents if they substantially comply with Florida's data breach notification law (s. 501.171) and adopt a cybersecurity program aligned with recognized frameworks such as NIST, CIS Critical Security Controls, ISO/IEC 27000, or FedRAMP
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Regulated entities may alternatively align their cybersecurity programs with applicable federal laws including HIPAA, the Gramm-Leach-Bliley Act, FISMA 2014, or the HITECH Act to qualify for the liability protection
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Entities relying on a combination of frameworks must adopt revised versions within 1 year of publication when two or more of their adopted frameworks are updated, and must comply with PCI DSS if applicable
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The bill does not create a private cause of action; failure to implement a compliant cybersecurity program is not evidence of negligence or negligence per se, and covered defendants bear the burden of proving substantial compliance
Legislative Description
Cybersecurity Incident Liability
Last Action
Laid on Table, refer to CS/CS/HB 473
3/5/2024