Bill Text: FL S0258 | 2023 | Regular Session | Enrolled


Bill Title: Prohibited Applications on Government-issued Devices

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2023-05-09 - Chapter No. 2023-32 [S0258 Detail]

Download: Florida-2023-S0258-Enrolled.html
       ENROLLED
       2023 Legislature                            CS for CS for SB 258
       
       
       
       
       
       
                                                              2023258er
    1  
    2         An act relating to prohibited applications on
    3         government-issued devices; creating s. 112.22, F.S.;
    4         defining terms; requiring public employers to take
    5         certain actions relating to prohibited applications;
    6         prohibiting employees and officers of public employers
    7         from downloading or accessing prohibited applications
    8         on government-issued devices; providing exceptions;
    9         providing a deadline by which specified employees must
   10         remove, delete, or uninstall a prohibited application;
   11         requiring the Department of Management Services to
   12         compile a specified list and establish procedures for
   13         a specified waiver; authorizing the department to
   14         adopt emergency rules; requiring that such rulemaking
   15         occur within a specified timeframe; requiring the
   16         department to adopt specified rules; providing a
   17         declaration of important state interest; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 112.22, Florida Statutes, is created to
   23  read:
   24         112.22Use of applications from foreign countries of
   25  concern prohibited.—
   26         (1)As used in this section, the term:
   27         (a)“Department” means the Department of Management
   28  Services.
   29         (b)“Employee or officer” means a person who performs labor
   30  or services for a public employer in exchange for salary, wages,
   31  or other remuneration.
   32         (c)“Foreign country of concern” means the People’s
   33  Republic of China, the Russian Federation, the Islamic Republic
   34  of Iran, the Democratic People’s Republic of Korea, the Republic
   35  of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
   36  Arab Republic, including any agency of or any other entity under
   37  significant control of such foreign country of concern.
   38         (d)“Foreign principal” means:
   39         1.The government or an official of the government of a
   40  foreign country of concern;
   41         2.A political party or a member of a political party or
   42  any subdivision of a political party in a foreign country of
   43  concern;
   44         3.A partnership, an association, a corporation, an
   45  organization, or another combination of persons organized under
   46  the laws of or having its principal place of business in a
   47  foreign country of concern, or an affiliate or a subsidiary
   48  thereof; or
   49         4.Any person who is domiciled in a foreign country of
   50  concern and is not a citizen or a lawful permanent resident of
   51  the United States.
   52         (e)“Government-issued device” means a cellular telephone,
   53  desktop computer, laptop computer, computer tablet, or other
   54  electronic device capable of connecting to the Internet which is
   55  owned or leased by a public employer and issued to an employee
   56  or officer for work-related purposes.
   57         (f)“Prohibited application” means an application that
   58  meets the following criteria:
   59         1.Any Internet application that is created, maintained, or
   60  owned by a foreign principal and that participates in activities
   61  that include, but are not limited to:
   62         a.Collecting keystrokes or sensitive personal, financial,
   63  proprietary, or other business data;
   64         b.Compromising e-mail and acting as a vector for
   65  ransomware deployment;
   66         c.Conducting cyber-espionage against a public employer;
   67         d.Conducting surveillance and tracking of individual
   68  users; or
   69         e.Using algorithmic modifications to conduct
   70  disinformation or misinformation campaigns; or
   71         2.Any Internet application the department deems to present
   72  a security risk in the form of unauthorized access to or
   73  temporary unavailability of the public employer’s records,
   74  digital assets, systems, networks, servers, or information.
   75         (g)“Public employer” means the state or any agency,
   76  authority, branch, bureau, commission, department, division,
   77  special district, institution, university, institution of higher
   78  education, or board thereof; or any county, district school
   79  board, charter school governing board, or municipality, or any
   80  agency, branch, department, board, or metropolitan planning
   81  organization thereof.
   82         (2)(a)A public employer shall do all of the following:
   83         1.Block all prohibited applications from public access on
   84  any network and virtual private network that it owns, operates,
   85  or maintains.
   86         2.Restrict access to any prohibited application on a
   87  government-issued device.
   88         3.Retain the ability to remotely wipe and uninstall any
   89  prohibited application from a government-issued device that is
   90  believed to have been adversely impacted, either intentionally
   91  or unintentionally, by a prohibited application.
   92         (b)A person, including an employee or officer of a public
   93  employer, may not download or access any prohibited application
   94  on any government-issued device.
   95         1.This paragraph does not apply to a law enforcement
   96  officer as defined in s. 943.10(1) if the use of the prohibited
   97  application is necessary to protect the public safety or conduct
   98  an investigation within the scope of his or her employment.
   99         2.A public employer may request a waiver from the
  100  department to allow designated employees or officers to download
  101  or access a prohibited application on a government-issued
  102  device.
  103         (c)Within 15 calendar days after the department issues or
  104  updates its list of prohibited applications pursuant to
  105  paragraph (3)(a), an employee or officer of a public employer
  106  who uses a government-issued device must remove, delete, or
  107  uninstall any prohibited applications from his or her
  108  government-issued device.
  109         (3)The department shall do all of the following:
  110         (a)Compile and maintain a list of prohibited applications
  111  and publish the list on its website. The department shall update
  112  this list quarterly and shall provide notice of any update to
  113  public employers.
  114         (b)Establish procedures for granting or denying requests
  115  for waivers pursuant to subparagraph (2)(b)2. The request for a
  116  waiver must include all of the following:
  117         1.A description of the activity to be conducted and the
  118  state interest furthered by the activity.
  119         2.The maximum number of government-issued devices and
  120  employees or officers to which the waiver will apply.
  121         3.The length of time necessary for the waiver. Any waiver
  122  granted pursuant to subparagraph (2)(b)2. must be limited to a
  123  timeframe of no more than 1 year, but the department may approve
  124  an extension.
  125         4.Risk mitigation actions that will be taken to prevent
  126  access to sensitive data, including methods to ensure that the
  127  activity does not connect to a state system, network, or server.
  128         5.A description of the circumstances under which the
  129  waiver applies.
  130         (4)(a)Notwithstanding s. 120.74(4) and (5), the department
  131  is authorized, and all conditions are deemed met, to adopt
  132  emergency rules pursuant to s. 120.54(4) and to implement
  133  paragraph (3)(a). Such rulemaking must occur initially by filing
  134  emergency rules within 30 days after July 1, 2023.
  135         (b)The department shall adopt rules necessary to
  136  administer this section.
  137         Section 2. The Legislature finds that a proper and
  138  legitimate state purpose is served when efforts are taken to
  139  secure a public employer’s system, network, or server.
  140  Therefore, the Legislature determines and declares that this act
  141  fulfills an important state interest.
  142         Section 3. This act shall take effect July 1, 2023.

feedback