January 14, 2025

Florida’s Cybersecurity Legislation: Proposed Changes and Strategic Planning for 2025

Florida’s approach to cybersecurity is undergoing significant transformation. While the initial liability legislation faced a gubernatorial veto, Representative Mike Giallombardo is spearheading efforts to introduce enhanced legislation that better serves both organizations and citizens. 

Understanding the Need for Change 

The need for comprehensive cybersecurity regulation grows more pressing as digital threats escalate across the state. The original legislation aimed to establish guidelines for entities handling personal information, from county offices to commercial enterprises. However, concerns about the ambiguity of “substantial compliance” standards led to its veto, prompting lawmakers to refine their approach. 

Protection Through Compliance 

The forthcoming legislation maintains the spirit of protecting compliant organizations while offering clearer guidance. Organizations seeking liability protection will need to align with recognized frameworks such as the National Institute of Standards and Technology (NIST) and comply with federal regulations like HIPAA. This alignment represents more than a checkbox exercise – it requires ongoing commitment to security best practices and regular program updates. 

State Infrastructure Reform 

In parallel with these liability protections, Florida is planning a sweeping reform of its governmental IT infrastructure for 2025. This initiative aims to streamline technology operations across state agencies, eliminating redundancies while enhancing security coordination. The reform recognizes that effective cybersecurity requires both robust standards and efficient operations. 

Implications for Organizations 

For organizations, these legislative changes carry significant impact. The new framework will likely require clear documentation of compliance programs, regular security assessments, and comprehensive incident response protocols. However, these requirements come with meaningful protections. Organizations demonstrating compliance will receive shield from certain forms of liability, creating a tangible incentive for maintaining strong security practices. 

Clarity in Compliance 

The emphasis on clarity in the revised legislation addresses a key concern from the business community. Rather than wrestling with ambiguous “substantial compliance” standards, organizations will have specific benchmarks to meet. This clarity benefits both organizations implementing security measures and courts evaluating compliance in legal proceedings. 

Florida’s Commitment to Security 

These legislative initiatives reflect Florida’s commitment to addressing evolving digital threats through a balanced approach. By establishing clear standards and meaningful incentives for compliance, the state aims to enhance its overall cybersecurity posture while protecting both organizations and individual citizens. 

Preparing for Change 

As these changes approach, organizations should begin preparing their cybersecurity strategies now. This preparation involves evaluating current security measures, identifying potential compliance gaps, and developing comprehensive implementation plans. The investment in compliance will pay dividends in both enhanced security and liability protection. 

Secure Your Organization’s Future 

As a cybersecurity attorney with extensive experience in Florida legislation, I invite you to contact me, Timothy Shields, to prepare for these upcoming changes. Together, we can evaluate your current cybersecurity measures and develop a comprehensive strategy that aligns with the proposed requirements while strengthening your security posture. Email me at tshields@kelleykronenberg.com or call (954) 370-9970 to discuss protecting your digital assets and positioning your organization for success under Florida’s evolving cybersecurity landscape. 

 

Timothy Shields
Partner/Business Unit Leader, Data Privacy & Technology
Kelley Kronenberg-Fort Lauderdale, FL.
(954) 370-9970
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