November 15, 2019
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_h1927__
HB 1927

1
A bill to be entitled
2An act relating to information technology management;
3reorganizing the State Technology Office and its powers,
4duties, and functions within the Department of Management
5Services; amending s. 20.22, F.S.; establishing the
6Technology Program in the Department of Management
7Services; removing duty of the State Technology Office to
8operate and manage the Technology Resource Center;
9amending s. 186.022, F.S.; conforming reference to a
10report; amending s. 216.0446, F.S.; revising duties of the
11legislative Technology Review Workgroup to remove
12participation of the State Technology Office; conforming
13reference to a report; repealing s. 216.292(1)(c), F.S.,
14relating to provisions authorizing transfer of positions
15and appropriations in fiscal year 2001-2002 for the
16purpose of consolidating information technology resources;
17amending s. 282.0041, F.S.; revising definitions for
18purposes of information resources management; renaming the
19Agency Annual Enterprise Resource Planning and Management
20Report as the Agency Annual Information Technology
21Investment Portfolio Report; providing for appointment of
22an agency chief information officer by the agency head;
23defining the term "department"; renaming the State Annual
24Report on Enterprise Resource Planning and Management as
25the State Annual Information Technology Investment
26Portfolio Report; amending s. 282.005, F.S.; revising
27legislative findings and intent with respect to the
28Information Resources Management Act of 1997; revising
29state agency responsibilities with respect to information
30technology infrastructure; providing agencies with primary
31responsibility for information technology management;
32deleting assignment of certain information technology
33functions to the State Technology Office; deleting a
34provision providing the State Technology Office take no
35action affecting any Cabinet officer; amending s. 282.102,
36F.S.; removing provisions for the creation, powers, and
37duties of the State Technology Office; removing provisions
38for a Chief Information Officer and a State Chief Privacy
39Officer; removing provisions relating to information
40technology and enterprise resource management; providing
41powers, duties, and functions of the Department of
42Management Services for operating the statewide
43communications system; transferring powers and duties
44relating to communications systems from the State
45Technology Office to the Department of Management
46Services; authorizing the department to adopt rules;
47authorizing the department to set a fee for placement of
48certain telecommunications facilities on state property;
49amending ss. 282.103, 282.104, 282.105, 282.106, 282.107,
50282.1095, and 282.111, F.S., relating to the SUNCOM
51Network, the state agency law enforcement radio system and
52interoperability network, and the statewide system of
53regional law enforcement communications to conform
54references to changes made by the act; amending s. 282.20,
55F.S.; providing for operation and management of the
56Technology Resource Center by the Department of Management
57Services; amending s. 282.21, F.S.; authorizing the
58department to collect fees for providing remote electronic
59access; removing provisions for collection of such fees by
60the State Technology Office; amending s. 282.22, F.S.;
61providing for dissemination of materials, products,
62information, and services acquired or developed by or
63under the direction of the department; removing reference
64to the State Technology Office with respect to such
65materials, products, information, and services; repealing
66s. 282.23, F.S., relating to establishment of a State
67Strategic Information Technology Alliance for the
68acquisition and use of information technology and related
69material; creating s. 282.3025, F.S.; providing for
70creation, powers, and duties of the State Technology
71Office within the Department of Management Services;
72providing for a State Chief Information Officer appointed
73by the secretary of the department; providing for
74development of enterprise information technology mission,
75goals, and objectives and plans for achieving the mission,
76goals, and objectives; providing for development of
77enterprise information technology policies, standards,
78guidelines, and procedures; providing for project
79management services; providing for review and
80recommendations to the Governor and the Legislature
81regarding agency information technology projects and
82plans; providing for preparation of state reports and
83memoranda; amending s. 282.3031, F.S.; deleting assignment
84of certain information technology functions to the State
85Technology Office; conforming terminology; amending s.
86282.3032, F.S.; revising certain principles relating to
87management of the state's information technology
88resources; conforming terminology; amending s. 282.3055,
89F.S.; providing for appointment of the agency chief
90information officer by the agency head; providing for
91staffing and supporting of an agency information
92technology investment board; conforming terminology;
93amending s. 282.3063, F.S.; renaming the Agency Annual
94Enterprise Resource Planning and Management Report as the
95Agency Annual Information Technology Investment Portfolio
96Report; revising content requirements for the report;
97amending s. 282.310, F.S.; renaming the State Annual
98Report on Enterprise Resource Planning and Management as
99the State Annual Information Technology Investment
100Portfolio Report; revising content requirements for the
101report; amending s. 282.315, F.S.; revising duties of the
102Agency Chief Information Officers Council; providing for
103the council to assist the State Technology Office for
104certain purposes, identify opportunities to meet specified
105information technology guidelines, and make certain
106recommendations to the State Technology Office; providing
107for the appointment and terms of officers; amending s.
108282.318, F.S.; changing the popular name; removing
109responsibility of the State Technology Office; providing
110that each agency head is responsible and accountable for
111ensuring an adequate level of security for data and
112information; providing for certain security requirements
113to be determined by the department; conforming
114terminology; amending ss. 365.171 and 365.172, F.S.,
115relating to statewide emergency telephone number systems;
116designating duties of the State Technology Office as
117duties of the Department of Management Services;
118conforming requirements with respect thereto; providing an
119effective date.
120
121Be It Enacted by the Legislature of the State of Florida:
122
123     Section 1.  Section 20.22, Florida Statutes, is amended to
124read:
125     20.22  Department of Management Services.--There is created
126a Department of Management Services.
127     (1)  The head of the Department of Management Services is
128the Secretary of Management Services, who shall be appointed by
129the Governor, subject to confirmation by the Senate, and shall
130serve at the pleasure of the Governor.
131     (2)  The following divisions and programs within the
132Department of Management Services are established:
133     (a)  Facilities Program.
134     (b)  State Technology Program Office.
135     (c)  Workforce Program.
136     (d)1.  Support Program.
137     2.  Federal Property Assistance Program.
138     (e)  Administration Program.
139     (f)  Division of Administrative Hearings.
140     (g)  Division of Retirement.
141     (h)  Division of State Group Insurance.
142     (i)  State Technology Office.
143     (3)  The State Technology Office shall operate and manage
144the Technology Resource Center.
145     (3)(4)  The duties of the Chief Labor Negotiator shall be
146determined by the Secretary of Management Services, and must
147include, but need not be limited to, the representation of the
148Governor as the public employer in collective bargaining
149negotiations pursuant to the provisions of chapter 447.
150     Section 2.  Section 186.022, Florida Statutes, is amended
151to read:
152     186.022  Information technology strategic plans.--By June 1
153of each year, the Financial Management Information Board, the
154Criminal and Juvenile Justice Information Systems Council, and
155the Health Information Systems Council shall each develop and
156submit to the State Technology Office an information technology
157strategic plan in a form and manner prescribed in written
158instructions from the State Technology Office in consultation
159with the Executive Office of the Governor and the legislative
160appropriations committees. The State Technology Office shall
161review each such strategic plan and shall determine whether each
162such plan is consistent with the State Annual Information
163Technology Investment Portfolio Report on Enterprise Resource
164Planning and Management and statewide policies adopted by the
165State Technology Office, and by July 1 of each year shall
166develop and transmit to each such board and council a written
167expression of its findings, conclusions, and required changes,
168if any, with respect to each such strategic plan. If any change
169to any such strategic plan is required, each affected board and
170council shall revise its strategic plan to the extent necessary
171to incorporate such required changes and shall resubmit its
172strategic plan to the State Technology Office for final approval
173and acceptance.
174     Section 3.  Section 216.0446, Florida Statutes, is amended
175to read:
176     216.0446  Review of information resources management
177needs.--
178     (1)  There is created within the Legislature the Technology
179Review Workgroup. The workgroup and the State Technology Office
180shall independently review and make recommendations with respect
181to the portion of agencies' long-range program plans which
182pertains to information technology resources management needs
183and with respect to agencies' legislative budget requests for
184information technology and related resources. The Technology
185Review Workgroup shall report such recommendations, together
186with the findings and conclusions on which such recommendations
187are based, to the Legislative Budget Commission. The State
188Technology Office shall report such recommendations, together
189with the findings and conclusions on which such recommendations
190are based, to the Executive Office of the Governor and to the
191chairs of the legislative appropriations committees.
192     (2)  In addition to its primary duty specified in
193subsection (1), the Technology Review Workgroup shall have
194powers and duties that include, but are not limited to, the
195following:
196     (a)  To evaluate the information resource management needs
197identified in the agency long-range program plans for
198consistency with the State Annual Information Technology
199Investment Portfolio Report on Enterprise Resource Planning and
200Management and statewide policies recommended by the State
201Technology Office, and make recommendations to the Legislative
202Budget Commission.
203     (b)  To review and make recommendations to the Legislative
204Budget Commission on proposed budget amendments and agency
205transfers associated with information technology initiatives or
206projects that involve more than one agency, that have an outcome
207that impacts another agency, that exceed $500,000 in total cost
208over a 1-year period, or that are requested by the Legislative
209Budget Commission to be reviewed.
210      Section 4.  Paragraph (c) of subsection (1) of section
211216.292, Florida Statutes, is repealed.
212     Section 5.  Section 282.0041, Florida Statutes, is amended
213to read:
214     282.0041  Definitions.--For the purposes of this part, the
215term:
216     (1)  "Agency" means those entities described in s.
217216.011(1)(qq).
218     (2)  "Agency Annual Information Technology Investment
219Portfolio Enterprise Resource Planning and Management Report"
220means the report prepared by each agency chief information
221officer as required by s. 282.3063.
222     (3)  "Agency chief information officer" means the person
223appointed by the agency head State Technology Office to
224coordinate and manage the information technology policies and
225activities applicable to that agency.
226     (4)  "Agency Chief Information Officers Council" means the
227council created in s. 282.315 to facilitate the sharing and
228coordination of information technology issues and initiatives
229among the agencies.
230     (5)  "Department" means the Department of Management
231Services.
232     (6)(7)  "Information technology" means equipment, hardware,
233software, firmware, programs, systems, networks, infrastructure,
234media, and related material used to automatically,
235electronically, and wirelessly collect, receive, access,
236transmit, display, store, record, retrieve, analyze, evaluate,
237process, classify, manipulate, manage, assimilate, control,
238communicate, exchange, convert, converge, interface, switch, or
239disseminate information of any kind or form.
240     (7)(5)  "Information technology Enterprise resources
241management infrastructure" means the hardware, software,
242networks, data, human resources, policies, standards,
243facilities, maintenance, and related materials and services that
244are required to support the business processes of an agency or
245state enterprise.
246     (8)(6)  "Information technology Enterprise resource
247planning and management" means the planning, budgeting,
248acquiring, developing, organizing, directing, training, control,
249and related services associated with government information
250technology. The term encompasses information and related
251resources, as well as the controls associated with their
252acquisition, development, dissemination, and use.
253     (9)(8)  "Project" means an undertaking directed at the
254implementation accomplishment of information technology to
255achieve a strategic objective relating to enterprise resources
256management or a specific appropriated program.
257     (10)(9)  "State Annual Information Technology Investment
258Portfolio Report on Enterprise Resource Planning and Management"
259means the report defined in s. 282.310 and prepared by the State
260Technology Office as defined in s. 282.102.
261     (11)(10)  "Standards" means the model definitions for
262information technology which promote the use of current, open,
263nonproprietary, or non-vendor-specific technologies.
264     (12)(11)  "State Technology Office" or "office" means the
265office created in s. 282.3025 282.102.
266     (13)(12)  "Total cost" means all costs associated with
267information technology projects or initiatives, including, but
268not limited to, value of hardware, software, service,
269maintenance, incremental personnel, and facilities. Total cost
270of a loan or gift of information technology resources to an
271agency includes the fair market value of the resources, except
272that the total cost of loans or gifts of information technology
273to state universities to be used in instruction or research does
274not include fair market value.
275     Section 6.  Section 282.005, Florida Statutes, is amended
276to read:
277     282.005  Legislative findings and intent.--The Legislature
278finds that:
279     (1)  Information is a strategic asset of the state, and, as
280such, it should be managed as a valuable state resource.
281     (2)  The state makes significant investments in information
282technology in order to manage information and to provide
283services to its citizens.
284     (3)  An office must be created to provide support and
285guidance to enhance the state's use and management of
286information technology and to design, procure, and deploy, on
287behalf of the state, information technology.
288     (4)  The cost-effective deployment of information
289technology by state agencies can best be managed by a Chief
290Information Officer.
291     (3)(5)  The agency head State Technology Office has primary
292responsibility and accountability for the planning, budgeting,
293acquisition, development, implementation, use, and management of
294information technology within the agency and for its use in
295accomplishing the agency's mission. Each agency shall also use
296its information technology in the best interest of the state and
297make use of shared data and related resources state. The State
298Technology Office shall use the state's information technology
299in the best interest of the state as a whole and shall
300contribute to and make use of shared data and related resources
301whenever appropriate. Each agency head has primary
302responsibility and accountability for setting agency priorities,
303identifying business needs, and determining agency services and
304programs to be developed as provided by law. The State
305Technology Office, through service level agreements with each
306agency, shall provide the information technology needed for the
307agency to accomplish its mission.
308     (4)(6)  The expanding need for, use of, and dependence on
309information technology requires focused management attention and
310managerial accountability by state agencies and the State
311Technology Office on behalf of the state as a whole.
312     (5)(7)  The state and state entities , through the State
313Technology Office, shall provide, by whatever means is most
314cost-effective and efficient, the information technology,
315enterprise resource planning and management, and information
316technology enterprise resource management infrastructure needed
317to conduct the state's business collect, store, and process the
318state's data and information, provide connectivity, and
319facilitate the exchange of data and information among both
320public and private parties.
321     (6)(8)  A necessary part of the state's information
322technology infrastructure is a statewide communications system
323for all types of signals, including, but not limited to, voice,
324data, video, radio, telephone, wireless, and image.
325     (7)(9)  To ensure the best management of the state's
326information technology and notwithstanding other provisions of
327law to the contrary, the functions of information technology are
328assigned to the university boards of trustees for the
329development and implementation of planning, management,
330rulemaking, standards, and guidelines for the state
331universities; to the community college boards of trustees for
332establishing and developing rules for the community colleges; to
333the Supreme Court, for the judicial branch; and to each state
334attorney and public defender; and to the State Technology Office
335for the executive branch of state government.
336     (10)  The State Technology Office shall take no action
337affecting the supervision, control, management, or coordination
338of information technology and information technology personnel
339that any cabinet officer listed in s. 4, Art. IV of the State
340Constitution deems necessary for the exercise of his or her
341statutory or constitutional duties.
342     Section 7.  Section 282.102, Florida Statutes, is amended
343to read:
344     282.102  Creation of the State Technology Office; Powers
345and duties of the Department of Management Services relating to
346state communications system.--There is created a State
347Technology Office within The Department of Management Services.
348The office shall be a separate budget entity, and shall be
349headed by a Chief Information Officer who is appointed by the
350Governor and is in the Senior Management Service. The Chief
351Information Officer shall be an agency head for all purposes.
352The Department of Management Services shall provide
353administrative support and service to the office to the extent
354requested by the Chief Information Officer. The office may adopt
355policies and procedures regarding personnel, procurement, and
356transactions for State Technology Office personnel. The office
357shall have the following powers, duties, and functions in
358operating the statewide communications system:
359     (1)  To publish electronically the portfolio of services
360available from the department office, including pricing
361information; the policies and procedures of the department
362office governing usage of available services; and a forecast of
363the priorities and initiatives for the state communications
364system for the ensuing 2 years.
365     (2)  To adopt rules implementing policies and procedures
366providing best practices to be followed by agencies in
367acquiring, using, upgrading, modifying, replacing, or disposing
368of information technology.
369     (3)  To perform, in consultation with an agency, the
370enterprise resource planning and management for the agency.
371     (2)(4)  To advise and render aid to state agencies and
372political subdivisions of the state as to systems or methods to
373be used for organizing and meeting communications information
374technology requirements efficiently and effectively.
375     (5)  To integrate the information technology systems and
376services of state agencies.
377     (3)(6)  To adopt technical standards for the state
378communications information technology system which will assure
379the interconnection of computer networks and information systems
380of agencies.
381     (4)(7)  To assume management responsibility for any
382consolidated communications system integrated information
383technology system or service when determined by the department
384office to be economically efficient or performance-effective.
385     (5)(8)  To enter into agreements for the support and use of
386communications systems related to information technology with
387state agencies and political subdivisions of the state.
388     (6)(9)  To use and acquire, with agency concurrence,
389communications facilities information technology now owned or
390operated by any agency.
391     (7)(10)  To purchase from or contract with suppliers and
392communications companies information technology providers for
393communications facilities and services information technology,
394including private line services.
395     (8)(11)  To apply for, receive, and hold, and to assist
396agencies in applying for, receiving, or holding, such
397authorizations, patents, copyrights, trademarks, service marks,
398licenses, and allocations or channels and frequencies to carry
399out the purposes of this part.
400     (9)(12)  To purchase, lease, or otherwise acquire and to
401hold, sell, transfer, license, or otherwise dispose of real,
402personal, and intellectual property, including, but not limited
403to, patents, trademarks, copyrights, and service marks.
404     (10)(13)  To cooperate with any federal, state, or local
405emergency management agency in providing for emergency
406communications services.
407     (11)(14)  To delegate, as necessary, to state agencies the
408authority to purchase, lease, or otherwise acquire and to use
409communications equipment, facilities, and services information
410technology or, as necessary, to control and approve the
411purchase, lease, or acquisition and the use of all
412communications equipment, services, and facilities information
413technology, including, but not limited to, communications
414services provided as part of any other total system to be used
415by the state or any of its agencies.
416     (12)(15)  To acquire ownership, possession, custody, and
417control of existing communications equipment and facilities,
418including all right, title, interest, and equity therein, as
419necessary, to carry out the purposes of this part. However, the
420provisions of this subsection shall in no way affect the rights,
421title, interest, or equity in any such equipment or facilities
422owned by, or leased to, the state or any state agency by any
423telecommunications company.
424     (13)(16)  To adopt rules pursuant to ss. 120.536(1) and
425120.54 relating to the use of communications systems information
426technology and to administer the provisions of this part.
427     (14)(17)  To provide a means whereby political subdivisions
428of the state may use state communications information technology
429systems upon such terms and under such conditions as the
430department office may establish.
431     (15)(18)  To apply for and accept federal funds for any of
432the purposes of this part as well as gifts and donations from
433individuals, foundations, and private organizations.
434     (16)(19)  To monitor issues relating to communications
435facilities and services before the Florida Public Service
436Commission and, when necessary, prepare position papers, prepare
437testimony, appear as a witness, and retain witnesses on behalf
438of state agencies in proceedings before the commission.
439     (17)(20)  Unless delegated to the agencies by the Chief
440Information Officer, to manage and control, but not intercept or
441interpret, communications within the SUNCOM Network by:
442     (a)  Establishing technical standards to physically
443interface with the SUNCOM Network.
444     (b)  Specifying how communications are transmitted within
445the SUNCOM Network.
446     (c)  Controlling the routing of communications within the
447SUNCOM Network.
448     (d)  Establishing standards, policies, and procedures for
449access to the SUNCOM Network.
450     (e)  Ensuring orderly and reliable communications services
451in accordance with the service level agreements executed with
452state agencies.
453     (21)  To plan, design, and conduct experiments for
454information technology services, equipment, and technologies,
455and to implement enhancements in the state information
456technology system when in the public interest and cost-
457effective. Funding for such experiments shall be derived from
458SUNCOM Network service revenues and shall not exceed 2 percent
459of the annual budget for the SUNCOM Network for any fiscal year
460or as provided in the General Appropriations Act. New services
461offered as a result of this subsection shall not affect existing
462rates for facilities or services.
463     (18)(22)  To enter into contracts or agreements, with or
464without competitive bidding or procurement, to make available,
465on a fair, reasonable, and nondiscriminatory basis, property and
466other structures under department office control for the
467placement of new facilities by any wireless provider of mobile
468service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any
469telecommunications company as defined in s. 364.02 when it is
470determined to be practical and feasible to make such property or
471other structures available. The department office may, without
472adopting a rule, charge a just, reasonable, and
473nondiscriminatory fee for the placement of the facilities,
474payable annually, based on the fair market value of space used
475by comparable communications facilities in the state. The
476department office and a wireless provider or telecommunications
477company may negotiate the reduction or elimination of a fee in
478consideration of services provided to the department office by
479the wireless provider or telecommunications company. All such
480fees collected by the department office shall be deposited
481directly into the Law Enforcement Radio Operating Trust Fund,
482and may be used by the department office to construct, maintain,
483or support the system.
484     (19)(23)  To provide an integrated electronic system for
485deploying government products, services, and information to
486individuals and businesses which reflects cost-effective
487deployment strategies in keeping with industry standards and
488practices and includes protections and security of private
489information as well as maintenance of public records.
490     (a)  The integrated electronic system shall reflect cost-
491effective deployment strategies in keeping with industry
492standards and practices, including protections and security of
493private information as well as maintenance of public records.
494     (b)  The office shall provide a method for assessing fiscal
495accountability for the integrated electronic system and shall
496establish the organizational structure required to implement
497this system.
498     (24)  To provide administrative support to the Agency Chief
499Information Officers Council and other workgroups created by the
500Chief Information Officer.
501     (25)  To facilitate state information technology education
502and training for senior management and other agency staff.
503     (26)  To prepare, on behalf of the Executive Office of the
504Governor, memoranda on recommended guidelines and best practices
505for information resources management, when requested.
506     (27)  To prepare, publish, and disseminate the State Annual
507Report on Enterprise Resource Planning and Management under s.
508282.310.
509     (28)  To study and make a recommendation to the Governor
510and Legislature on the feasibility of implementing online voting
511in this state.
512     (29)  To facilitate the development of a network access
513point in this state, as needed.
514     (30)  To designate a State Chief Privacy Officer who shall
515be responsible for the continual review of policies, laws,
516rules, and practices of state agencies which may affect the
517privacy concerns of state residents.
518     Section 8.  Section 282.103, Florida Statutes, is amended
519to read:
520     282.103  SUNCOM Network; exemptions from the required
521use.--
522     (1)  There is created within the Department of Management
523Services State Technology Office the SUNCOM Network which shall
524be developed to serve as the state communications system for
525providing local and long-distance communications services to
526state agencies, political subdivisions of the state,
527municipalities, state universities, and nonprofit corporations
528pursuant to ss. 282.101-282.111. The SUNCOM Network shall be
529developed to transmit all types of communications signals,
530including, but not limited to, voice, data, video, image, and
531radio. State agencies shall cooperate and assist in the
532development and joint use of communications systems and
533services.
534     (2)  The department State Technology Office shall design,
535engineer, implement, manage, and operate through state
536ownership, commercial leasing, or some combination thereof, the
537facilities and equipment providing SUNCOM Network services, and
538shall develop a system of equitable billings and charges for
539communication services.
540     (3)  All state agencies and state universities are required
541to use the SUNCOM Network for agency and state university
542communications services as the services become available;
543however, no agency or university is relieved of responsibility
544for maintaining communications services necessary for effective
545management of its programs and functions. If a SUNCOM Network
546service does not meet the communications requirements of an
547agency or university, the agency or university shall notify the
548department State Technology Office in writing and detail the
549requirements for that communications service. If the department
550office is unable to meet an agency's or university's
551requirements by enhancing SUNCOM Network service, the department
552office may grant the agency or university an exemption from the
553required use of specified SUNCOM Network services.
554     Section 9.  Section 282.104, Florida Statutes, is amended
555to read:
556     282.104  Use of state SUNCOM Network by
557municipalities.--Any municipality may request the department
558State Technology Office to provide any or all of the SUNCOM
559Network's portfolio of communications services upon such terms
560and under such conditions as the department office may
561establish. The requesting municipality shall pay its share of
562installation and recurring costs according to the published
563rates for SUNCOM Network services and as invoiced by the
564department office. Such municipality shall also pay for any
565requested modifications to existing SUNCOM Network services, if
566any charges apply.
567     Section 10.  Section 282.105, Florida Statutes, is amended
568to read:
569     282.105  Use of state SUNCOM Network by nonprofit
570corporations.--
571     (1)  The department State Technology Office shall provide a
572means whereby private nonprofit corporations under contract with
573state agencies or political subdivisions of the state may use
574the state SUNCOM Network, subject to the limitations in this
575section. In order to qualify to use the state SUNCOM Network, a
576nonprofit corporation shall:
577     (a)  Expend the majority of its total direct revenues for
578the provision of contractual services to the state, a
579municipality, or a political subdivision of the state; and
580     (b)  Receive only a small portion of its total revenues
581from any source other than a state agency, a municipality, or a
582political subdivision of the state during the period of time
583SUNCOM Network services are requested.
584     (2)  Each nonprofit corporation seeking authorization to
585use the state SUNCOM Network pursuant to this section shall
586provide to the department office, upon request, proof of
587compliance with subsection (1).
588     (3)  Nonprofit corporations established pursuant to general
589law and an association of municipal governments which is wholly
590owned by the municipalities shall be eligible to use the state
591SUNCOM Network, subject to the terms and conditions of the
592department office.
593     (4)  Institutions qualified to participate in the William
594L. Boyd, IV, Florida Resident Access Grant Program pursuant to
595s. 1009.89 shall be eligible to use the state SUNCOM Network,
596subject to the terms and conditions of the department office.
597Such entities shall not be required to satisfy the other
598criteria of this section.
599     (5)  Private, nonprofit elementary and secondary schools
600shall be eligible for rates and services on the same basis as
601public schools, providing these nonpublic schools do not have an
602endowment in excess of $50 million.
603     Section 11.  Section 282.106, Florida Statutes, is amended
604to read:
605     282.106  Use of SUNCOM Network by libraries.--The
606department State Technology Office may provide SUNCOM Network
607services to any library in the state, including libraries in
608public schools, community colleges, state universities, and
609nonprofit private postsecondary educational institutions, and
610libraries owned and operated by municipalities and political
611subdivisions.
612     Section 12.  Section 282.107, Florida Statutes, is amended
613to read:
614     282.107  SUNCOM Network; criteria for usage.--
615     (1)  The department State Technology Office shall
616periodically review the qualifications of subscribers using the
617state SUNCOM Network and shall terminate services provided to
618any facility not qualified pursuant to ss. 282.101-282.111 or
619rules adopted hereunder. In the event of nonpayment of invoices
620by subscribers whose SUNCOM Network invoices are paid from
621sources other than legislative appropriations, such nonpayment
622represents good and sufficient reason to terminate service.
623     (2)  The department State Technology Office shall adopt
624rules setting forth its procedures for withdrawing and restoring
625authorization to use the state SUNCOM Network. Such rules shall
626provide a minimum of 30 days' notice to affected parties prior
627to termination of voice communications service.
628     (3)  Nothing in this section shall be construed to limit or
629restrict the ability of the Florida Public Service Commission to
630set jurisdictional tariffs of telecommunications companies.
631     Section 13.  Section 282.1095, Florida Statutes, is amended
632to read:
633     282.1095  State agency law enforcement radio system and
634interoperability network.--
635     (1)  The department State Technology Office may acquire and
636implement a statewide radio communications system to serve law
637enforcement units of state agencies, and to serve local law
638enforcement agencies through mutual aid channels. The Joint Task
639Force on State Agency Law Enforcement Communications is
640established in the department State Technology Office to advise
641the department office of member-agency needs for the planning,
642designing, and establishment of the joint system. The State
643Agency Law Enforcement Radio System Trust Fund is established in
644the department State Technology Office. The trust fund shall be
645funded from surcharges collected under ss. 320.0802 and 328.72.
646     (2)(a)  The Joint Task Force on State Agency Law
647Enforcement Communications shall consist of eight members, as
648follows:
649     1.  A representative of the Division of Alcoholic Beverages
650and Tobacco of the Department of Business and Professional
651Regulation who shall be appointed by the secretary of the
652department.
653     2.  A representative of the Division of Florida Highway
654Patrol of the Department of Highway Safety and Motor Vehicles
655who shall be appointed by the executive director of the
656department.
657     3.  A representative of the Department of Law Enforcement
658who shall be appointed by the executive director of the
659department.
660     4.  A representative of the Fish and Wildlife Conservation
661Commission who shall be appointed by the executive director of
662the commission.
663     5.  A representative of the Division of Law Enforcement of
664the Department of Environmental Protection who shall be
665appointed by the secretary of the department.
666     6.  A representative of the Department of Corrections who
667shall be appointed by the secretary of the department.
668     7.  A representative of the Division of State Fire Marshal
669of the Department of Financial Services who shall be appointed
670by the State Fire Marshal.
671     8.  A representative of the Department of Transportation
672who shall be appointed by the secretary of the department.
673     (b)  Each appointed member of the joint task force shall
674serve at the pleasure of the appointing official. Any vacancy on
675the joint task force shall be filled in the same manner as the
676original appointment. Any joint task force member may, upon
677notification to the chair prior to the beginning of any
678scheduled meeting, appoint an alternative to represent the
679member on the task force and vote on task force business in his
680or her absence.
681     (c)  The joint task force shall elect a chair from among
682its members to serve a 1-year term. A vacancy in the chair of
683the joint task force must be filled for the remainder of the
684unexpired term by an election of the joint task force members.
685     (d)  The joint task force shall meet as necessary, but at
686least quarterly, at the call of the chair and at the time and
687place designated by him or her.
688     (e)  The per diem and travel expenses incurred by a member
689of the joint task force in attending its meetings and in
690attending to its affairs shall be paid pursuant to s. 112.061,
691from funds budgeted to the state agency that the member
692represents.
693     (f)  The department State Technology Office is hereby
694authorized to rent or lease space on any tower under its
695control. The department office may also rent, lease, or sublease
696ground space as necessary to locate equipment to support
697antennae on the towers. The costs for use of such space shall be
698established by the department office for each site, when it is
699determined to be practicable and feasible to make space
700available. The department office may refuse to lease space on
701any tower at any site. All moneys collected by the department
702office for such rents, leases, and subleases shall be deposited
703directly into the Law Enforcement Radio Operating Trust Fund and
704may be used by the department office to construct, maintain, or
705support the system.
706     (g)  The department State Technology Office is hereby
707authorized to rent, lease, or sublease ground space on lands
708acquired by the department office for the construction of
709privately owned or publicly owned towers. The department office
710may, as a part of such rental, lease, or sublease agreement,
711require space on said tower or towers for antennae as may be
712necessary for the construction and operation of the state agency
713law enforcement radio system or any other state need. The
714positions necessary for the department office to accomplish its
715duties under this paragraph and paragraph (f) shall be
716established in the General Appropriations Act and shall be
717funded by the Law Enforcement Radio Operating Trust Fund or
718other revenue sources.
719     (h)  The department State Technology Office may make the
720mutual aid channels in the statewide radio communications system
721available to federal agencies, state agencies, and agencies of
722the political subdivisions of the state for the purpose of
723public safety and domestic security. The department office shall
724exercise its powers and duties, as specified in this chapter, to
725plan, manage, and administer the mutual aid channels. The
726department office shall, in implementing such powers and duties,
727act in consultation and conjunction with the Department of Law
728Enforcement and the Division of Emergency Management of the
729Department of Community Affairs, and shall manage and administer
730the mutual aid channels in a manner that reasonably addresses
731the needs and concerns of the involved law enforcement agencies
732and emergency response agencies and entities.
733     (3)  Upon appropriation, moneys in the trust fund may be
734used by the department office to acquire by competitive
735procurement the equipment; software; and engineering,
736administrative, and maintenance services it needs to construct,
737operate, and maintain the statewide radio system. Moneys in the
738trust fund collected as a result of the surcharges set forth in
739ss. 320.0802 and 328.72 shall be used to help fund the costs of
740the system. Upon completion of the system, moneys in the trust
741fund may also be used by the department office to provide for
742payment of the recurring maintenance costs of the system.
743     (4)(a)  The department office shall, in conjunction with
744the Department of Law Enforcement and the Division of Emergency
745Management of the Department of Community Affairs, establish
746policies, procedures, and standards which shall be incorporated
747into a comprehensive management plan for the use and operation
748of the statewide radio communications system.
749     (b)  The joint task force, in consultation with the
750department office, shall have the authority to permit other
751state agencies to use the communications system, under terms and
752conditions established by the joint task force.
753     (5)  The department office shall provide technical support
754to the joint task force and shall bear the overall
755responsibility for the design, engineering, acquisition, and
756implementation of the statewide radio communications system and
757for ensuring the proper operation and maintenance of all system
758common equipment.
759     (6)(a)  The department State Technology Office may create
760and implement an interoperability network to enable
761interoperability between various radio communications
762technologies and to serve federal agencies, state agencies, and
763agencies of political subdivisions of the state for the purpose
764of public safety and domestic security. The department office
765shall, in conjunction with the Department of Law Enforcement and
766the Division of Emergency Management of the Department of
767Community Affairs, exercise its powers and duties pursuant to
768this chapter to plan, manage, and administer the
769interoperability network. The department office may:
770     1.  Enter into mutual aid agreements among federal
771agencies, state agencies, and political subdivisions of the
772state for the use of the interoperability network.
773     2.  Establish the cost of maintenance and operation of the
774interoperability network and charge subscribing federal and
775local law enforcement agencies for access and use of the
776network. The department State Technology Office may not charge
777state law enforcement agencies identified in paragraph (2)(a) to
778use the network.
779     3.  In consultation with the Department of Law Enforcement
780and the Division of Emergency Management of the Department of
781Community Affairs, amend and enhance the statewide radio
782communications system as necessary to implement the
783interoperability network.
784     (b)  The department State Technology Office, in
785consultation with the Joint Task Force on State Agency Law
786Enforcement Communications, and in conjunction with the
787Department of Law Enforcement and the Division of Emergency
788Management of the Department of Community Affairs, shall
789establish policies, procedures, and standards to incorporate
790into a comprehensive management plan for the use and operation
791of the interoperability network.
792     Section 14.  Section 282.111, Florida Statutes, is amended
793to read:
794     282.111  Statewide system of regional law enforcement
795communications.--
796     (1)  It is the intent and purpose of the Legislature that a
797statewide system of regional law enforcement communications be
798developed whereby maximum efficiency in the use of existing
799radio channels is achieved in order to deal more effectively
800with the apprehension of criminals and the prevention of crime
801generally. To this end, all law enforcement agencies within the
802state are directed to provide the department State Technology
803Office with any information the department office requests for
804the purpose of implementing the provisions of subsection (2).
805     (2)  The department State Technology Office is hereby
806authorized and directed to develop and maintain a statewide
807system of regional law enforcement communications. In
808formulating such a system, the department office shall divide
809the state into appropriate regions and shall develop a program
810which shall include, but not be limited to, the following
811provisions:
812     (a)  The communications requirements for each county and
813municipality comprising the region.
814     (b)  An interagency communications provision which shall
815depict the communication interfaces between municipal, county,
816and state law enforcement entities which operate within the
817region.
818     (c)  Frequency allocation and use provision which shall
819include, on an entity basis, each assigned and planned radio
820channel and the type of operation, simplex, duplex, or half-
821duplex, on each channel.
822     (3)  The department office shall adopt any necessary rules
823and regulations for implementing and coordinating the statewide
824system of regional law enforcement communications.
825     (4)  The secretary of the Department of Management Services
826Chief Information Officer of the State Technology Office or his
827or her designee is designated as the director of the statewide
828system of regional law enforcement communications and, for the
829purpose of carrying out the provisions of this section, is
830authorized to coordinate the activities of the system with other
831interested state agencies and local law enforcement agencies.
832     (5)  No law enforcement communications system shall be
833established or present system expanded without the prior
834approval of the department State Technology Office.
835     (6)  Within the limits of its capability, the Department of
836Law Enforcement is encouraged to lend assistance to the
837department State Technology Office in the development of the
838statewide system of regional law enforcement communications
839proposed by this section.
840     Section 15.  Section 282.20, Florida Statutes, is amended
841to read:
842     282.20  Technology Resource Center.--
843     (1)(a)  The Department of Management Services State
844Technology Office shall operate and manage the Technology
845Resource Center.
846     (b)  For the purposes of this section, the term:
847     1.  "Information-system utility" means a full-service
848information-processing facility offering hardware, software,
849operations, integration, networking, and consulting services.
850     2.  "Customer" means a state agency or other entity which
851is authorized to utilize the SUNCOM Network pursuant to this
852part.
853     (2)  The Technology Resource Center shall:
854     (a)  Serve the department office and other customers as an
855information-system utility.
856     (b)  Cooperate with customers to offer, develop, and
857support a wide range of services and applications needed by
858users of the Technology Resource Center.
859     (c)  Cooperate with the Florida Legal Resource Center of
860the Department of Legal Affairs and other state agencies to
861develop and provide access to repositories of legal information
862throughout the state.
863     (d)  Cooperate with the department office to facilitate
864interdepartmental networking and integration of network services
865for its customers.
866     (e)  Assist customers in testing and evaluating new and
867emerging technologies that could be used to meet the needs of
868the state.
869     (3)  The department office may contract with customers to
870provide any combination of services necessary for agencies to
871fulfill their responsibilities and to serve their users.
872     (4)  The Technology Resource Center may plan, design,
873establish pilot projects for, and conduct experiments with
874information technology resources, and may implement enhancements
875in services when such implementation is cost-effective. Funding
876for experiments and pilot projects shall be derived from service
877revenues and may not exceed 5 percent of the service revenues
878for the Technology Resource Center for any single fiscal year.
879Any experiment, pilot project, plan, or design must be approved
880by the secretary of the department Chief Information Officer.
881     (5)  Notwithstanding the provisions of s. 216.272, the
882Technology Resource Center may spend funds in the reserve
883account of the Technology Enterprise Operating Trust Fund for
884enhancements to center operations or for information technology
885resources. Any expenditure of reserve account funds must be
886approved by the secretary of the department Chief Information
887Officer. Any funds remaining in the reserve account at the end
888of the fiscal year may be carried forward and spent as approved
889by the secretary Chief Information Officer, provided that such
890approval conforms to any applicable provisions of chapter 216.
891     Section 16.  Section 282.21, Florida Statutes, is amended
892to read:
893     282.21  The State Technology Office's Electronic access
894services of the department.--The department State Technology
895Office may collect fees for providing remote electronic access
896pursuant to s. 119.07(2). The fees may be imposed on individual
897transactions or as a fixed subscription for a designated period
898of time. All fees collected under this section shall be
899deposited in the appropriate trust fund of the program or
900activity that made the remote electronic access available.
901     Section 17.  Section 282.22, Florida Statutes, is amended
902to read:
903     282.22  State Technology Office; Production, dissemination,
904and ownership of materials and products.--
905     (1)  It is the intent of the Legislature that when
906materials, products, information, and services are acquired or
907developed by or under the direction of the department State
908Technology Office, through research and development or other
909efforts, including those subject to copyright, patent, or
910trademark, they shall be made available for use by state and
911local government entities at the earliest practicable date and
912in the most economical and efficient manner possible and
913consistent with chapter 119.
914     (2)  To accomplish this objective the department office is
915authorized to publish or partner with private sector entities to
916produce or have produced materials and products and to make them
917readily available for appropriate use. The department office is
918authorized to charge an amount or receive value-added services
919adequate to cover the essential cost of producing and
920disseminating such materials, information, services, or products
921and is authorized to sell services.
922     (3)  In cases in which the materials or products are of
923such nature, or the circumstances are such, that it is not
924practicable or feasible for the department office to produce or
925have produced materials and products so developed, it is
926authorized, after review and approval by the Executive Office of
927the Governor, to license, lease, assign, sell, or otherwise give
928written consent to any person, firm, or corporation for the
929manufacture or use thereof, on a royalty basis, or for such
930other consideration as the department office shall deem proper
931and in the best interest of the state; the department office is
932authorized and directed to protect same against improper or
933unlawful use or infringement and to enforce the collection of
934any sums due for the manufacture or use thereof by any other
935party.
936     (4)  All proceeds from the sale of such materials and
937products or other money collected pursuant to this section shall
938be deposited into the Grants and Donations Trust Fund of the
939department office and, when properly budgeted as approved by the
940Legislature and the Executive Office of the Governor, used to
941pay the cost of producing and disseminating materials and
942products to carry out the intent of this section.
943     Section 18.  Section 282.23, Florida Statutes, is repealed.
944     Section 19.  Section 282.3025, Florida Statutes, is created
945to read:
946     282.3025  State Technology Office; powers and duties.--
947     (1)  There is created a State Technology Office in the
948Department of Management Services. The office shall be headed by
949a State Chief Information Officer who is appointed by the
950secretary of the department in consultation with the Executive
951Office of the Governor. The Department of Management Services
952shall provide administrative support and oversight of the
953office.
954     (2)  The office shall have the following powers, duties,
955and functions:
956     (a)  Develop enterprise information technology mission,
957goals, and objectives consistent with the provisions of s.
958282.3032 and in consultation with the Agency Chief Information
959Officers Council for publication in the State Annual Information
960Technology Investment Portfolio Report.
961     (b)  Develop plans for achievement of the enterprise
962information technology mission, goals, and objectives.
963     (c)  Develop enterprise information technology policies,
964standards, guidelines, and procedures in consultation with the
965Agency Chief Information Officers Council and the department for
966enterprise architecture, disaster recovery, security, computing,
967networks, and communications.
968     (d)  Adopt, in consultation with the Agency Chief
969Information Officers Council and the Technology Review
970Workgroup, a project management methodology for use by the
971agencies.
972     (e)  Serve on agency information technology project
973management teams for enterprise initiatives.
974     (f)  Provide project management services for agency
975information technology initiatives identified by the Legislature
976as requiring such assistance.
977     (g)  Review recommendations made by the Agency Chief
978Information Officers Council for improving information
979technology in agencies or the state and make recommendations to
980the Governor and the Legislature for consideration during
981legislative session.
982     (h)  Develop, in consultation with the Agency Chief
983Information Officers Council, a model for formation of an agency
984information technology investment board, the associated
985processes, and an information technology investment portfolio.
986     (i)  Review each agency information technology investment
987portfolio and make recommendations to the Governor and the
988Legislature regarding opportunities consistent with ss. 282.005
989and 282.3032.
990     (j)  Prepare the State Annual Information Technology
991Investment Portfolio Report as defined in s. 282.310.
992     (k)  Review the agency information technology issues
993developed pursuant to s. 216.023 and make recommendations to the
994Governor and the Legislature consistent with the provisions of
995ss. 282.005 and 282.3032.
996     (l)  Prepare, on behalf of the Executive Office of the
997Governor, memoranda on recommended guidelines and best practices
998for information technology, when requested.
999     Section 20.  Section 282.3031, Florida Statutes, is amended
1000to read:
1001     282.3031  Assignment of information technology planning and
1002resources management responsibilities.--For purposes of ss.
1003282.3032-282.322 282.303-282.322, to ensure the best management
1004of state information technology resources, and notwithstanding
1005other provisions of law to the contrary, the functions of
1006information technology planning and resources management are
1007assigned to the university boards of trustees for the
1008development and implementation of planning, management,
1009rulemaking, standards, and guidelines for the state
1010universities; to the community college boards of trustees for
1011establishing and developing rules for the community colleges; to
1012the Supreme Court for the judicial branch; and to each state
1013attorney and public defender; and to the State Technology Office
1014for the agencies within the executive branch of state
1015government.
1016     Section 21.  Section 282.3032, Florida Statutes, is amended
1017to read:
1018     282.3032  Development and implementation of information
1019technology systems; guiding principles.--To ensure the best
1020management of the state's information technology resources, the
1021following guiding principles are adopted:
1022     (1)  Information technology Enterprise resource planning
1023and management by state governmental entities is a prerequisite
1024for the effective development and implementation of information
1025systems to enable sharing of data and cost-effective and
1026efficient services to individuals.
1027     (2)  The Enterprise resource planning process, as well as
1028coordination and of development efforts, should include all
1029principals from agencies impacted by the development from the
1030outset.
1031     (3)  State governmental entities should be committed to
1032maximizing information sharing and participate in enterprise-
1033wide efforts when appropriate.
1034     (4)  State governmental entities should maximize public
1035access to data, while complying with legitimate security,
1036privacy, and confidentiality requirements.
1037     (5)  State governmental entities should strive for an
1038integrated electronic system for providing individuals with
1039agency services and information to the extent possible.
1040     (6)  To the extent that state government entities charge
1041each other for data, this practice, insofar as possible, should
1042be eliminated. Further, when the capture of data for mutual
1043benefit can be accomplished, the costs for the development,
1044capture, and network for access to that data should be shared.
1045     (7)  The redundant capture, storage, and dissemination of
1046data should, insofar as possible, be eliminated.
1047     (8)  Only data that are auditable, or that otherwise can be
1048determined to be accurate, valid, and reliable, should be
1049maintained.
1050     (9)  Methods of sharing data among different protocols
1051should be developed without requiring major redesign or
1052replacement of individual systems.
1053     (10)  Integration of systems and data elements should be
1054supported and achieved by establishing policies, standards,
1055guidelines, and procedures definitions, formats, and integrated
1056electronic systems, when possible.
1057     Section 22.  Section 282.3055, Florida Statutes, is amended
1058to read:
1059     282.3055  Agency chief information officer; appointment;
1060duties.--
1061     (1)(a)  To assist the agency head State Technology Officer
1062in carrying out information technology the enterprise resource
1063planning and management responsibilities, the agency head Chief
1064Information Officer may appoint or contract for an agency chief
1065information officer. This position may be full time or part
1066time.
1067     (b)  The agency chief information officer must, at a
1068minimum, have knowledge and experience in both management and
1069information technology resources.
1070     (2)  The duties of the agency chief information officer
1071include, but are not limited to:
1072     (a)  Coordinating and facilitating agency information
1073technology enterprise resource planning and management projects
1074and initiatives.
1075     (b)  Preparing the an agency annual information technology
1076investment portfolio report on enterprise resource planning and
1077management pursuant to s. 282.3063.
1078     (c)  Developing and implementing agency information
1079technology enterprise resource planning and management policies,
1080procedures, guidelines, and standards, including specific
1081policies and procedures for review and approval of the agency's
1082purchases of information technology resources in accordance with
1083the office's policies and procedures.
1084     (d)  Advising agency senior management as to the
1085information technology enterprise resource planning and
1086management and the information technology infrastructure needs
1087of the agency for inclusion in planning documents required by
1088law.
1089     (e)  Staffing and supporting an agency information
1090technology investment board.
1091     (f)(e)  Assisting in the development and prioritization of
1092the information technology enterprise resource planning and
1093management schedule of the agency's legislative budget request.
1094     Section 23.  Section 282.3063, Florida Statutes, is amended
1095to read:
1096     282.3063  Agency Annual Information Technology Investment
1097Portfolio Enterprise Resource Planning and Management Report.--
1098     (1)  By September 1 of each year, each agency chief
1099information officer shall prepare and submit to the State
1100Technology Office an Agency Annual Information Technology
1101Investment Portfolio Enterprise Resource Planning and Management
1102Report. Following consultation with the State Technology Office
1103and the agency chief information officers Council, The Executive
1104Office of the Governor and the fiscal committees of the
1105Legislature shall jointly develop and issue instructions for the
1106format and contents of the report.
1107     (2)  The Agency Annual Information Technology Investment
1108Portfolio Enterprise Resource Planning and Management Report
1109shall contain, at a minimum, the following:
1110     (a)  A forecast of information technology projects and
1111their cost and priority enterprise resource planning and
1112management priorities and initiatives for the ensuing 2 years.
1113     (b)  A description of the current information technology
1114enterprise resource planning and management infrastructure of
1115the agency and planned changes for the ensuing 2 years.
1116     (c)  A status report on the major information technology
1117enterprise resource planning and management projects of the
1118agency.
1119     (d)  An assessment of the progress made toward implementing
1120enterprise information technology policies, standards,
1121guidelines, and procedures the prior fiscal year legislative
1122appropriation to the agency for enterprise resource planning and
1123management.
1124     (e)  The estimated value of the information technology
1125investment portfolio expenditures by the agency for enterprise
1126resource planning and management for the prior fiscal year.
1127     (f)  An inventory list, by major categories, of the agency
1128information technology resources, which specifically identifies
1129the resources acquired during the previous fiscal year.
1130     (f)(g)  An assessment of opportunities for the agency to
1131fulfill the guidelines in s. 282.3032 share enterprise resource
1132planning and management projects or initiatives with other
1133governmental or private entities.
1134     (h)  A list of enterprise resource planning and management
1135issues the agency has identified as statewide issues.
1136     Section 24.  Section 282.310, Florida Statutes, is amended
1137to read:
1138     282.310  State Annual Information Technology Investment
1139Portfolio Report on Enterprise Resource Planning and
1140Management.--
1141     (1)  By February 15 of each year, the State Technology
1142Office shall develop a State Annual Information Technology
1143Investment Portfolio Report on Enterprise Resource Planning and
1144Management.
1145     (2)  The State Annual Information Technology Investment
1146Portfolio Report on Enterprise Resource Planning and Management
1147shall contain, at a minimum, the following:
1148     (a)  The state vision for enterprise information technology
1149resource planning and management.
1150     (b)  A forecast of the state information technology
1151projects, their cost, and priority enterprise resource planning
1152and management priorities and initiatives for the ensuing 2
1153years.
1154     (c)  A summary of major statewide policies recommended by
1155the State Technology Office for enterprise information
1156technology resource planning and management.
1157     (d)  A summary of memoranda issued by the Executive Office
1158of the Governor.
1159     (e)  An assessment of the overall progress toward an
1160integrated electronic system for deploying government products,
1161services, and information to individuals and businesses and
1162state enterprise information technology resource planning and
1163management initiatives and priorities for the past fiscal year.
1164     (f)  A summary of major statewide issues related to
1165improving enterprise information technology resource planning
1166and management by the state.
1167     (g)  An inventory list, by major categories, of state
1168information technology resources.
1169     (g)(h)  A summary of the total agency expenditures or
1170descriptions of agreements, contracts, or partnerships for
1171enterprise information technology resource planning and
1172management and of enterprise-wide procurements done by the
1173office on behalf of the state.
1174     (h)(i)  A summary of the opportunities for government
1175agencies or entities to fulfill the guidelines provided in s.
1176282.3032 share enterprise resource planning and management
1177projects or initiatives with other governmental or private
1178sector entities.
1179
1180The state annual report shall also include enterprise resource
1181planning and management information from the annual reports
1182prepared by the state universities and the community colleges,
1183from the Supreme Court for the judicial branch, and from the
1184Justice Administrative Commission on behalf of the state
1185attorneys and public defenders. Expenditure information shall be
1186taken from each agency's annual report as well as the annual
1187reports of the state universities and the community colleges,
1188the Supreme Court, and the Justice Administrative Commission.
1189     (3)  The state annual report shall be made available in
1190writing or through electronic means to the Executive Office of
1191the Governor, the President of the Senate, the Speaker of the
1192House of Representatives, and the Chief Justice of the Supreme
1193Court.
1194     Section 25.  Section 282.315, Florida Statutes, is amended
1195to read:
1196     282.315  Agency Chief Information Officers Council;
1197creation.--The Legislature finds that enhancing communication,
1198consensus building, coordination, and facilitation of statewide
1199enterprise information technology resource planning and
1200management issues is essential to improving state management of
1201such resources.
1202     (1)  There is created an Agency Chief Information Officers
1203Council to:
1204     (a)  Enhance communication among the agency chief
1205information officers and the State Technology Office by sharing
1206enterprise resource planning and management experiences and
1207exchanging ideas.
1208     (b)  Identify and recommend Facilitate the sharing of best
1209practices that are characteristic of highly successful
1210technology organizations, as well as exemplary information
1211technology applications of state agencies, and assist the State
1212Technology Office in the development of policies, standards,
1213guidelines, and procedures for use by all state agencies.
1214     (c)  Identify efficiency opportunities among state agencies
1215to fulfill the guidelines in s. 282.3032 and make
1216recommendations for action to the State Technology Office.
1217     (d)  Serve as an educational forum for enterprise
1218information technology resource planning and management issues.
1219     (e)  Identify Assist the State Technology Office in
1220identifying critical statewide issues and, when appropriate,
1221make recommendations to the State Technology Office for solving
1222enterprise information technology resource planning and
1223management deficiencies.
1224     (2)  Members of the council shall include the agency chief
1225information officers, including the chief information officers
1226of the agencies and governmental entities enumerated in s.
1227282.3031, except that there shall be one chief information
1228officer selected by the state attorneys and one chief
1229information officer selected by the public defenders. The
1230chairs, or their designees, of the Florida Financial Management
1231Information System Coordinating Council, the Criminal and
1232Juvenile Justice Information Systems Council, and the Health
1233Information Systems Council shall represent their respective
1234organizations on the Agency Chief Information Officers Council
1235as voting members. The council shall appoint a chair, a vice
1236chair, and a secretary from its members to serve a 1-year term
1237each. The council shall establish procedures to govern council
1238business.
1239     (3)  The State Technology Office shall provide
1240administrative support to the council.
1241     Section 26.  Section 282.318, Florida Statutes, is amended
1242to read:
1243     282.318  Security of data and information technology
1244resources.--
1245     (1)  This section may be cited as the "Security of Data and
1246Information Technology Infrastructure Resources Act."
1247     (2)(a)  The State Technology Office, in consultation with
1248Each agency head, is responsible and accountable for assuring an
1249adequate level of security for all data and information
1250technology infrastructure resources of each agency and, to carry
1251out this responsibility, shall, at a minimum:
1252     1.  Designate an information security manager who shall
1253administer the security program of each agency for its data and
1254information technology resources.
1255     2.  Conduct, and periodically update, a comprehensive risk
1256analysis to determine the security threats to the data and
1257information technology infrastructure resources of each agency.
1258The risk analysis information is confidential and exempt from
1259the provisions of s. 119.07(1), except that such information
1260shall be available to the Auditor General in performing his or
1261her postauditing duties.
1262     3.  Develop, and periodically update, written internal
1263policies and procedures to assure the security of the data and
1264information technology infrastructure resources of each agency.
1265The internal policies and procedures which, if disclosed, could
1266facilitate the unauthorized modification, disclosure, or
1267destruction of data or information technology infrastructure
1268resources are confidential information and exempt from the
1269provisions of s. 119.07(1), except that such information shall
1270be available to the Auditor General in performing his or her
1271postauditing duties.
1272     4.  Implement appropriate cost-effective safeguards to
1273reduce, eliminate, or recover from the identified risks to the
1274data and information technology infrastructure resources of each
1275agency.
1276     5.  Ensure that periodic internal audits and evaluations of
1277each security program for the data and information technology
1278infrastructure resources of the agency are conducted. The
1279results of such internal audits and evaluations are confidential
1280information and exempt from the provisions of s. 119.07(1),
1281except that such information shall be available to the Auditor
1282General in performing his or her postauditing duties.
1283     6.  Include appropriate security requirements, as
1284determined by the Department of Management Services State
1285Technology Office, in consultation with each agency head, in the
1286written specifications for the solicitation of information
1287technology resources.
1288     (b)  In those instances in which the department State
1289Technology Office develops state contracts for use by state
1290agencies, the department office shall include appropriate
1291security requirements in the specifications for the solicitation
1292for state contracts for procuring information technology
1293infrastructure resources.
1294     Section 27.  Paragraph (a) of subsection (3), subsections
1295(4), (5), (7), (9), (10), and (12), and paragraph (a) of
1296subsection (13) of section 365.171, Florida Statutes, are
1297amended to read:
1298     365.171  Emergency telephone number "911."--
1299     (3)  DEFINITIONS.--As used in this section:
1300     (a)  "Department Office" means the Department of Management
1301Services State Technology Office.
1302     (4)  STATE PLAN.--The department office shall develop a
1303statewide emergency telephone number "911" system plan. The plan
1304shall provide for:
1305     (a)  The establishment of the public agency emergency
1306telephone communications requirements for each entity of local
1307government in the state.
1308     (b)  A system to meet specific local government
1309requirements. Such system shall include law enforcement,
1310firefighting, and emergency medical services and may include
1311other emergency services such as poison control, suicide
1312prevention, and emergency management services.
1313     (c)  Identification of the mutual aid agreements necessary
1314to obtain an effective "911" system.
1315     (d)  A funding provision which shall identify the cost
1316necessary to implement the "911" system.
1317     (e)  A firm implementation schedule which shall include the
1318installation of the "911" system in a local community within 24
1319months after the designated agency of the local government gives
1320a firm order to the telephone utility for a "911" system.
1321
1322The department office shall be responsible for the
1323implementation and coordination of such plan. The department
1324office shall adopt any necessary rules and schedules related to
1325public agencies for implementing and coordinating such plan,
1326pursuant to chapter 120. The public agency designated in the
1327plan shall order such system within 6 months after publication
1328date of the plan if the public agency is in receipt of funds
1329appropriated by the Legislature for the implementation and
1330maintenance of the "911" system. Any jurisdiction which has
1331utilized local funding as of July 1, 1976, to begin the
1332implementation of the state plan as set forth in this section
1333shall be eligible for at least a partial reimbursement of its
1334direct cost when, and if, state funds are available for such
1335reimbursement.
1336     (5)  SYSTEM DIRECTOR.--The secretary director of the
1337department office or his or her designee is designated as the
1338director of the statewide emergency telephone number "911"
1339system and, for the purpose of carrying out the provisions of
1340this section, is authorized to coordinate the activities of the
1341system with state, county, local, and private agencies. The
1342secretary director is authorized to employ not less than five
1343persons, three of whom will be at the professional level, one at
1344the secretarial level, and one to fill a fiscal position, for
1345the purpose of carrying out the provisions of this section. The
1346secretary director in implementing the system shall consult,
1347cooperate, and coordinate with local law enforcement agencies.
1348     (7)  TELEPHONE INDUSTRY COORDINATION.--The department
1349office shall coordinate with the Florida Public Service
1350Commission which shall encourage the Florida telephone industry
1351to activate facility modification plans for a timely "911"
1352implementation.
1353     (9)  SYSTEM APPROVAL.--No emergency telephone number "911"
1354system shall be established and no present system shall be
1355expanded without prior approval of the department office.
1356     (10)  COMPLIANCE.--All public agencies shall assist the
1357department office in their efforts to carry out the intent of
1358this section, and such agencies shall comply with the developed
1359plan.
1360     (12)  FEDERAL ASSISTANCE.--The secretary of the department
1361office or his or her designee may apply for and accept federal
1362funding assistance in the development and implementation of a
1363statewide emergency telephone number "911" system.
1364     (13)  "911" FEE.--
1365     (a)  Following approval by referendum as set forth in
1366paragraph (b), or following approval by a majority vote of its
1367board of county commissioners, a county may impose a "911" fee
1368to be paid by the local exchange subscribers within its
1369boundaries served by the "911" service. Proceeds from the "911"
1370fee shall be used only for "911" expenditures as set forth in
1371subparagraph 6. The manner of imposing and collecting said
1372payment shall be as follows:
1373     1.  At the request of the county subscribing to "911"
1374service, the telephone company shall, insofar as is practicable,
1375bill the "911" fee to the local exchange subscribers served by
1376the "911" service, on an individual access line basis, at a rate
1377not to exceed 50 cents per month per line (up to a maximum of 25
1378access lines per account bill rendered). However, the fee may
1379not be assessed on any pay telephone in this state. A county
1380collecting the fee for the first time may collect the fee for no
1381longer than 36 months without initiating the acquisition of its
1382"911" equipment.
1383     2.  Fees collected by the telephone company pursuant to
1384subparagraph 1. shall be returned to the county, less the costs
1385of administration retained pursuant to paragraph (c). The county
1386shall provide a minimum of 90 days' written notice to the
1387telephone company prior to the collection of any "911" fees.
1388     3.  Any county that currently has an operational "911"
1389system or that is actively pursuing the implementation of a
1390"911" system shall establish a fund to be used exclusively for
1391receipt and expenditure of "911" fee revenues collected pursuant
1392to this section. All fees placed in said fund, and any interest
1393accrued thereupon, shall be used solely for "911" costs
1394described in subparagraph 6. The money collected and interest
1395earned in this fund shall be appropriated for "911" purposes by
1396the county commissioners and incorporated into the annual county
1397budget. Such fund shall be included within the financial audit
1398performed in accordance with s. 218.39. A report of the audit
1399shall be forwarded to the department office within 60 days of
1400its completion. A county may carry forward on an annual basis
1401unspent moneys in the fund for expenditures allowed by this
1402section, or it may reduce its fee. However, in no event shall a
1403county carry forward more than 10 percent of the "911" fee
1404billed for the prior year. The amount of moneys carried forward
1405each year may be accumulated in order to allow for capital
1406improvements described in this subsection. The carryover shall
1407be documented by resolution of the board of county commissioners
1408expressing the purpose of the carryover or by an adopted capital
1409improvement program identifying projected expansion or
1410replacement expenditures for "911" equipment and service
1411features, or both. In no event shall the "911" fee carryover
1412surplus moneys be used for any purpose other than for the "911"
1413equipment, service features, and installation charges authorized
1414in subparagraph 6. Nothing in this section shall prohibit a
1415county from using other sources of revenue for improvements,
1416replacements, or expansions of its "911" system. A county may
1417increase its fee for purposes authorized in this section.
1418However, in no case shall the fee exceed 50 cents per month per
1419line. All current "911" fees shall be reported to the department
1420office within 30 days of the start of each county's fiscal
1421period. Any fee adjustment made by a county shall be reported to
1422the department office. A county shall give the telephone company
1423a 90-day written notice of such fee adjustment.
1424     4.  The telephone company shall have no obligation to take
1425any legal action to enforce collection of the "911" fee. The
1426telephone company shall provide quarterly to the county a list
1427of the names, addresses, and telephone numbers of any and all
1428subscribers who have identified to the telephone company their
1429refusal to pay the "911" fee.
1430     5.  The county subscribing to "911" service shall remain
1431liable to the telephone company for any "911" service,
1432equipment, operation, or maintenance charge owed by the county
1433to the telephone company.
1434
1435As used in this paragraph, "telephone company" means an exchange
1436telephone service provider of "911" service or equipment to any
1437county within its certificated area.
1438     6.  It is the intent of the Legislature that the "911" fee
1439authorized by this section to be imposed by counties will not
1440necessarily provide the total funding required for establishing
1441or providing the "911" service. For purposes of this section,
1442"911" service includes the functions of database management,
1443call taking, location verification, and call transfer. The
1444following costs directly attributable to the establishment
1445and/or provision of "911" service are eligible for expenditure
1446of moneys derived from imposition of the "911" fee authorized by
1447this section: the acquisition, implementation, and maintenance
1448of Public Safety Answering Point (PSAP) equipment and "911"
1449service features, as defined in the Florida Public Service
1450Commission's lawfully approved "911" and related tariffs and/or
1451the acquisition, installation, and maintenance of other "911"
1452equipment, including call answering equipment, call transfer
1453equipment, ANI controllers, ALI controllers, ANI displays, ALI
1454displays, station instruments, "911" telecommunications systems,
1455teleprinters, logging recorders, instant playback recorders,
1456telephone devices for the deaf (TDD) used in the "911" system,
1457PSAP backup power systems, consoles, automatic call
1458distributors, and interfaces (hardware and software) for
1459computer-aided dispatch (CAD) systems; salary and associated
1460expenses for "911" call takers for that portion of their time
1461spent taking and transferring "911" calls; salary and associated
1462expenses for a county to employ a full-time equivalent "911"
1463coordinator position and a full-time equivalent staff assistant
1464position per county for the portion of their time spent
1465administrating the "911" system; training costs for PSAP call
1466takers in the proper methods and techniques used in taking and
1467transferring "911" calls; expenses required to develop and
1468maintain all information (ALI and ANI databases and other
1469information source repositories) necessary to properly inform
1470call takers as to location address, type of emergency, and other
1471information directly relevant to the "911" call-taking and
1472transferring function; and, in a county defined in s.
1473125.011(1), such expenses related to a nonemergency "311"
1474system, or similar nonemergency system, which improves the
1475overall efficiency of an existing "911" system or reduces "911"
1476emergency response time for a 2-year pilot project that ends
1477June 30, 2003. However, no wireless telephone service provider
1478shall be required to participate in this pilot project or to
1479otherwise implement a nonemergency "311" system or similar
1480nonemergency system. The "911" fee revenues shall not be used to
1481pay for any item not listed, including, but not limited to, any
1482capital or operational costs for emergency responses which occur
1483after the call transfer to the responding public safety entity
1484and the costs for constructing buildings, leasing buildings,
1485maintaining buildings, or renovating buildings, except for those
1486building modifications necessary to maintain the security and
1487environmental integrity of the PSAP and "911" equipment rooms.
1488     7.  It is the goal of the Legislature that enhanced "911"
1489service be available throughout the state. Expenditure by
1490counties of the "911" fees authorized by this section should
1491support this goal to the greatest extent feasible within the
1492context of local service needs and fiscal capability. Nothing in
1493this section shall be construed to prohibit two or more counties
1494from establishing a combined emergency "911" telephone service
1495by interlocal agreement and utilizing the "911" fees authorized
1496by this section for such combined "911" service.
1497
1498As used in this paragraph, "telephone company" means an exchange
1499telephone service provider of "911" service or equipment to any
1500county within its certificated area.
1501     Section 28.  Paragraph (d) of subsection (2), paragraph (f)
1502of subsection (3), subsection (4), paragraph (a) of subsection
1503(5), and paragraphs (c) and (d) of subsection (6) of section
1504365.172, Florida Statutes, are amended to read:
1505     365.172  Wireless emergency telephone number "E911."--
1506     (2)  FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The
1507Legislature finds and declares that:
1508     (d)  The revenues generated by the E911 fee imposed under
1509this section are required to fund the efforts of the counties,
1510the Wireless 911 Board under the Department of Management
1511Services State Technology Office, and commercial mobile radio
1512service providers to improve the public health, safety, and
1513welfare and serve a public purpose by providing emergency
1514telephone assistance through wireless communications.
1515     (3)  DEFINITIONS.--As used in this section and ss. 365.173
1516and 365.174, the term:
1517     (f)  "Department Office" means the Department of Management
1518Services State Technology Office.
1519     (4)  POWERS AND DUTIES OF THE DEPARTMENT OFFICE.--The
1520department office shall oversee the administration of the fee
1521imposed on subscribers of statewide E911 service under
1522subsection (8).
1523     (5)  THE WIRELESS 911 BOARD.--
1524     (a)  The Wireless 911 Board is established to administer,
1525with oversight by the department office, the fee imposed under
1526subsection (8), including receiving revenues derived from the
1527fee; distributing portions of such revenues to providers,
1528counties, and the department office; accounting for receipts,
1529distributions, and income derived by the funds maintained in the
1530fund; and providing annual reports to the Governor and the
1531Legislature for submission by the department office on amounts
1532collected and expended, the purposes for which expenditures have
1533been made, and the status of wireless E911 service in this
1534state. In order to advise and assist the department office in
1535carrying out the purposes of this section, the board, which
1536shall have the power of a body corporate, shall have the powers
1537enumerated in subsection (6).
1538     (6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
1539     (c)  By February 28 of each year, the board shall prepare a
1540report for submission by the department office to the Governor,
1541the President of the Senate, and the Speaker of the House of
1542Representatives which reflects, for the immediately preceding
1543calendar year, the quarterly and annual receipts and
1544disbursements of moneys in the fund, the purposes for which
1545disbursements of moneys from the fund have been made, and the
1546availability and status of implementation of E911 service in
1547this state.
1548     (d)  By February 28, 2001, the board shall undertake and
1549complete a study for submission by the department office to the
1550Governor, the President of the Senate, and the Speaker of the
1551House of Representatives which addresses:
1552     1.  The total amount of E911 fee revenues collected by each
1553provider, the total amount of expenses incurred by each provider
1554to comply with the order, and the amount of moneys on deposit in
1555the fund, all as of December 1, 2000.
1556     2.  Whether the amount of the E911 fee and the allocation
1557percentages set forth in s. 365.173 should be adjusted to comply
1558with the requirements of the order, and, if so, a recommended
1559adjustment to the E911 fee.
1560     3.  Any other issues related to providing wireless E911
1561services.
1562     Section 29.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.
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