summary
Introduced
02/27/2025
02/27/2025
In Committee
03/06/2025
03/06/2025
Crossed Over
Passed
Dead
Introduced Session
2025 Regular Session
Bill Summary
An act relating to cybersecurity incident liability; creating s. 768.401, F.S.; defining terms; providing that a county, municipality, other political subdivision of the state, covered entity, or third party agent that complies with certain requirements is not liable in connection with a cybersecurity incident under certain circumstances; requiring covered entities and third-party agents to align their cybersecurity programs with any revised frameworks, standards, laws, or regulations within a specified time period; providing that a private cause of action is not established; providing that certain failures are not evidence of negligence, do not constitute negligence per se, and cannot be used as evidence of fault; specifying that the defendant in certain actions has a certain burden of proof; providing applicability; providing an effective date.
AI Summary
This bill establishes new legal protections for counties, municipalities, and commercial entities in cybersecurity incidents by creating a framework that limits their liability if they meet certain cybersecurity standards. The bill defines key terms like "covered entity" (which includes businesses and organizations) and "cybersecurity standards or frameworks" (referencing specific guidelines from NIST, ISO, and other recognized cybersecurity frameworks). Under the bill, counties, municipalities, and covered entities can avoid liability in class action lawsuits if they substantially comply with existing data protection laws, adopt cybersecurity policies aligned with recognized frameworks, maintain disaster recovery plans, and implement multi-factor authentication. The bill explicitly states that failure to implement a perfect cybersecurity program cannot be used as evidence of negligence, and in any legal action, the defendant must prove substantial compliance with the standards. Importantly, the bill does not create a new private right of action, meaning individuals cannot sue solely based on these provisions. The law requires entities to update their cybersecurity programs within one year of any revisions to relevant frameworks or regulations to maintain their liability protection, and it applies to class action lawsuits filed on or after its effective date.
Sponsors (1)
Last Action
Indefinitely postponed and withdrawn from consideration (on 05/03/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
---|---|
State Bill Page | https://www.flsenate.gov/Session/Bill/2025/1576 |
BillText | https://www.flsenate.gov/Session/Bill/2025/1576/BillText/Filed/HTML |
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