_h1927c1
HB 1927CS

CHAMBER ACTION




1The State Infrastructure Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to information technology management;
7creating s. 282.0051, F.S.; providing legislative findings
8and intent; providing definitions; providing each agency
9use an information technology investment management
10process to support investment decisions; requiring each
11agency to submit its information technology portfolio as
12part of its legislative budget request; requiring that
13agencies implement and administer a project management
14methodology; providing requirements for project
15administration; amending s. 20.22, F.S.; establishing the
16Technology Program in the Department of Management
17Services; creating the Florida Technology Council;
18removing duty of the State Technology Office to operate
19and manage the Technology Resource Center; repealing s.
20186.022, F.S., relating to Information technology
21strategic plans; amending s. 216.0446, F.S.; revising
22duties of the legislative Technology Review Workgroup to
23remove participation of the State Technology Office;
24conforming reference to a report; repealing s.
25216.292(1)(c), F.S., relating to provisions authorizing
26transfer of positions and appropriations in fiscal year
272001-2002 for the purpose of consolidating information
28technology resources; amending s. 282.0041, F.S.; revising
29definitions for purposes of information resources
30management; defining the terms "department" and "Florida
31Technology Council"; deleting the Agency Annual Enterprise
32Resource Planning and Management Report; deleting the
33State Annual Report on Enterprise Resource Planning and
34Management; providing for appointment of an agency chief
35information officer by the agency head; repealing s.
36282.005, F.S., relating to Legislative findings and
37intent; creating s. 282.0055, F.S.; limiting actions by
38the Florida Technology Council which affect a Cabinet
39officer; amending s. 282.102, F.S.; removing provisions
40for the creation, powers, and duties of the State
41Technology Office; removing provisions for a Chief
42Information Officer and a State Chief Privacy Officer;
43removing provisions relating to information technology and
44enterprise resource management; providing powers, duties,
45and functions of the Department of Management Services for
46operating the statewide communications system;
47transferring powers and duties relating to communications
48systems from the State Technology Office to the Department
49of Management Services; authorizing the department to
50adopt rules; authorizing the department to set a fee for
51placement of certain telecommunications facilities on
52state property; creating s. 282.1065, F.S.; authorizing
53the department to provide SUNCOM services to hospitals or
54other facilities licensed under ch. 395, F.S.; amending
55ss. 282.103, 282.104, 282.105, 282.106, 282.107, 282.1095,
56and 282.111, F.S., relating to the SUNCOM Network, the
57state agency law enforcement radio system and
58interoperability network, and the statewide system of
59regional law enforcement communications to conform
60references to changes made by the act; amending s. 282.20,
61F.S.; providing for operation and management of the
62Technology Resource Center by the Department of Management
63Services; amending s. 282.21, F.S.; authorizing the
64department to collect fees for providing remote electronic
65access; removing provisions for collection of such fees by
66the State Technology Office; amending s. 282.22, F.S.;
67providing for dissemination of materials, products,
68information, and services acquired or developed by or
69under the direction of the department; removing reference
70to the State Technology Office with respect to such
71materials, products, information, and services; repealing
72s. 282.23, F.S., relating to establishment of a State
73Strategic Information Technology Alliance for the
74acquisition and use of information technology and related
75material; creating s. 282.3025, F.S.; providing for
76creation, powers, and duties of the Florida Technology
77Council within the Department of Management Services;
78providing for a State Chief Information Officer appointed
79by the Governor; providing for development of a Statewide
80Information Technology Strategic Plan, enterprise
81information technology policies, standards, guidelines,
82and procedures, a model agency information technology
83investment management process and an information
84technology investment portfolio, and memoranda on
85recommended guidelines and best practices for information
86technology; providing for review and recommendations to
87the Governor and the Legislature regarding agency
88information technology projects and plans; providing for
89preparation of state reports and memoranda; providing
90rulemaking authority; amending s. 282.3031, F.S.; deleting
91assignment of certain information technology functions to
92the State Technology Office; conforming terminology;
93repealing s. 282.3032, F.S., relating to guiding
94principles for development and implementation of
95information systems; amending s. 282.3055, F.S.; providing
96for appointment of the agency chief information officer by
97the agency head; providing for staffing and supporting of
98an agency information technology investment board;
99conforming terminology; repealing s. 282.3063, F.S.,
100relating to the Agency Annual Enterprise Resource Planning
101and Management Report; repealing s. 282.310, F.S.,
102relating to the State Annual Report on Enterprise Resource
103Planning and Management; amending s. 282.315, F.S.;
104revising duties of the Agency Chief Information Officers
105Council; providing for the council to assist the Florida
106Technology Council for certain purposes, identify
107opportunities to meet specified information technology
108guidelines, and make certain recommendations to the
109Florida Technology Council; providing for the appointment
110and terms of officers; amending s. 282.318, F.S.; changing
111the popular name; removing responsibility of the State
112Technology Office; providing that each agency head is
113responsible and accountable for ensuring an adequate level
114of security for data and information; providing for
115certain security requirements to be determined by the
116department; conforming terminology; amending s. 282.322,
117F.S., removing a procedure to monitor certain information
118resources management projects; amending ss. 365.171 and
119365.172, F.S., relating to statewide emergency telephone
120number systems; designating duties of the State Technology
121Office as duties of the Department of Management Services;
122conforming requirements with respect thereto; amending s.
123445.049, F.S., relating to the Digital Divide Council;
124designating duties of the State Technology Office as
125duties of the Department of Management Services; providing
126an effective date.
127
128Be It Enacted by the Legislature of the State of Florida:
129
130     Section 1.  Section 282.0051, Florida Statutes, is created
131to read:
132     282.0051  Information technology management.--
133     (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
134finds that the state needs an information technology
135architecture to support the business needs of individual
136agencies while optimizing the state's collective use of
137information technology through integration, coordination,
138consolidation, and sharing. It is the intent of the Legislature
139that:
140     (a)  The state shall make governmental information and
141services more accessible to citizens by developing a statewide
142internet portal presence, a state e-mail system, and state
143security protocols.
144     (b)  Each state agency shall develop and implement
145information technology in the best interest of the state by
146whatever means are cost effective and efficient, are nonvendor
147specific systems, and maximize use of shared data and resources.
148     (c)  Agency information technology investments must be
149governed responsibly, consistent with fiscal and substantive
150policies established by the Legislature, and aligned with
151business needs.
152     (2)  DEFINITIONS.--As used in this section, the term:
153     (a)  "Agency information technology investment management"
154means an analytical decisionmaking process that is used to
155systematically prioritize, select, and manage information
156technology investments for the agency.
157     (b)  "Information technology investment" means the cost
158associated with agency resources, hardware, software, or
159contracted services that are required to provide information
160technology services and to initiate approved information
161technology projects.
162     (c)  "Information technology portfolio" means the aggregate
163list of information technology investments aligned with agency
164business needs.
165     (d)  "Information technology services" means the strategic
166and nonstrategic information technology services used to enable
167agency business processes and as further defined in the
168legislative budget instructions developed pursuant to s.
169216.023.
170     (e)  "Information technology services catalog" means a
171report defining and describing each information technology
172service.
173     (f)  "Project management" means a set of disciplines
174required for planning, organizing, managing, implementing, and
175controlling organizational and fiscal resources in order to
176complete information technology projects.
177     (g)  "Service level agreement" means a written agreement
178between a service provider and the agency which describes each
179service to be provided and documents the required service
180objectives and service levels for a service. Service providers
181include external providers, internal providers, and other agency
182providers.
183     (3)  AGENCY INFORMATION TECHNOLOGY INVESTMENT MANAGEMENT
184PROCESS.--The agency information technology investment
185management process shall be used as the primary tool to support
186the information technology investment decisions of each agency.
187The agency shall adopt the model portfolio management process
188developed pursuant to s. 282.3025(2)(d) and may adjust the model
189to meet agency-specific organizational needs subject to the
190approval of the Agency Chief Information Officers Council.
191     (a)  The investment management process shall:
192     1.  Be administered by the agency head and include
193executive managers from across the agency's program areas.
194     2.  Define initiatives using a comprehensive, uniform
195format.
196     3.  Evaluate initiatives using an objective framework.
197     4.  Prioritize initiatives and match initiatives to
198resources.
199     5.  Manage the portfolio and the process proactively.
200     (b)  Agency-approved initiatives which become information
201technology projects are subject to the requirements of
202subsection (4). New initiatives requiring funding shall be
203submitted in the agency's legislative budget request pursuant to
204s. 216.023.
205     (c)  The agency shall prepare an information technology
206portfolio in a format prescribed in the legislative budget
207instructions pursuant to s. 216.023. The portfolio shall
208include, but need not be limited to:
209     1.  A summary statement of the agency's mission, goals, and
210objectives for information technology which are supported
211through the agency's information technology portfolio.
212     2.  Identification of projects and resources required to
213meet the objectives of the portfolio.
214     3.  The agency information technology services catalog with
215services linked to business processes or business needs.
216     4.  Implementation schedules estimating the time and
217funding required to implement information technology projects.
218     5.  Funding needed to implement information technology
219services identified in the information technology services
220catalog.
221     (d)  The agency shall submit its information technology
222portfolio as part of its legislative budget request in the
223manner and form prescribed in the legislative budget request
224instructions as provided in s. 216.023.
225     (4)  INFORMATION TECHNOLOGY PROJECT MANAGEMENT.--
226     (a)  Each agency shall implement the project management
227methodology developed pursuant to s. 282.3025(2)(c). The agency
228may make adjustment based on their specific organizational needs
229and subject to the approval of the Agency Chief Information
230Officers Council.
231     (b)  Information technology projects shall be administered
232according to the following requirements:
233     1.  Projects that refresh desktop units or infrastructure
234equipment with new technology that is similar to the technology
235currently in use are exempt from the project planning and
236reporting requirements in this section unless otherwise
237specified in the General Appropriations Act.
238     2.  For projects with a total cost ranging from $500,000 to
239$1,999,999, the agency must appoint a project manager to ensure
240that needed project planning and management requirements are
241fulfilled.
242     3.  For projects with a total cost ranging from $500,000 to
243$2 million which involve routine hardware or software upgrades
244for a single agency, the agency must appoint a project manager
245to timely deploy and implement the upgrade. Should the project
246be considered high-risk, the project manager shall ensure that
247needed project planning and management requirements are
248fulfilled.
249     4.  For projects with a total cost ranging from $2 million
250to $10 million, the agency must appoint a project manager to
251ensure that needed project planning and management requirements
252are fulfilled. For projects in this range which are determined
253to impact the general public or which affect an agency's
254organizational structure, business processes, or service
255delivery model, the agency must appoint a dedicated project
256manager and project management team to ensure that all project
257planning and management requirements are fulfilled.
258     5.  For any project with a total cost greater than $10
259million, the agency must appoint a dedicated project manager and
260project management team to ensure that all project planning and
261management requirements are fulfilled.
262     Section 2.  Section 20.22, Florida Statutes, is amended to
263read:
264     20.22  Department of Management Services.--There is created
265a Department of Management Services.
266     (1)  The head of the Department of Management Services is
267the Secretary of Management Services, who shall be appointed by
268the Governor, subject to confirmation by the Senate, and shall
269serve at the pleasure of the Governor.
270     (2)  The following divisions and programs within the
271Department of Management Services are established:
272     (a)  Facilities Program.
273     (b)  State Technology Program Office.
274     (c)  Workforce Program.
275     (d)1.  Support Program.
276     2.  Federal Property Assistance Program.
277     (e)  Administration Program.
278     (f)  Division of Administrative Hearings.
279     (g)  Division of Retirement.
280     (h)  Division of State Group Insurance.
281     (i)  Florida Technology Council.
282     (3)  The State Technology Office shall operate and manage
283the Technology Resource Center.
284     (3)(4)  The duties of the Chief Labor Negotiator shall be
285determined by the Secretary of Management Services, and must
286include, but need not be limited to, the representation of the
287Governor as the public employer in collective bargaining
288negotiations pursuant to the provisions of chapter 447.
289     Section 3.  Section 186.022, Florida Statutes, is repealed.
290     Section 4.  Section 216.0446, Florida Statutes, is amended
291to read:
292     216.0446  Review of information resources management
293needs.--
294     (1)  There is created within the Legislature the Technology
295Review Workgroup. The workgroup and the State Technology Office
296shall independently review and make recommendations with respect
297to the portion of agencies' long-range program plans which
298pertains to information technology resources management needs
299and with respect to agencies' legislative budget requests for
300information technology and related resources. The Technology
301Review Workgroup shall report such recommendations, together
302with the findings and conclusions on which such recommendations
303are based, to the Legislative Budget Commission. The State
304Technology Office shall report such recommendations, together
305with the findings and conclusions on which such recommendations
306are based, to the Executive Office of the Governor and to the
307chairs of the legislative appropriations committees.
308     (2)  In addition to its primary duty specified in
309subsection (1), the Technology Review Workgroup shall have
310powers and duties that include, but are not limited to, the
311following:
312     (a)  To evaluate the information resource management needs
313identified in the agency long-range program plans for
314consistency with the State Annual Information Technology
315Investment Portfolio Report on Enterprise Resource Planning and
316Management and statewide policies recommended by the State
317Technology Office, and make recommendations to the Legislative
318Budget Commission.
319     (b)  To review and make recommendations to the Legislative
320Budget Commission on proposed budget amendments and agency
321transfers associated with information technology initiatives or
322projects that involve more than one agency, that have an outcome
323that impacts another agency, that exceed $500,000 in total cost
324over a 1-year period, or that are requested by the Legislative
325Budget Commission to be reviewed.
326      Section 5.  Pursuant to section 216.351, Florida Statutes,
327paragraph (c) of subsection (1) of section 216.292, Florida
328Statutes, is repealed.
329     Section 6.  Section 282.0041, Florida Statutes, is amended
330to read:
331     282.0041  Definitions.--For the purposes of this part, the
332term:
333     (1)  "Agency" means those entities described in s.
334216.011(1)(qq).
335     (2)  "Agency Annual Enterprise Resource Planning and
336Management Report" means the report prepared by each agency
337chief information officer as required by s. 282.3063.
338     (2)(3)  "Agency chief information officer" means the person
339appointed by the agency head State Technology Office to
340coordinate and manage the information technology policies and
341activities applicable to that agency.
342     (3)(4)  "Agency Chief Information Officers Council" means
343the council created in s. 282.315 to facilitate the sharing and
344coordination of information technology issues and initiatives
345among the agencies.
346     (4)  "Department" means the Department of Management
347Services.
348     (5)  "Florida Technology Council" or "council" means the
349organization created in s. 282.3025.
350     (6)(7)  "Information technology" means equipment, hardware,
351software, firmware, programs, systems, networks, infrastructure,
352media, and related material used to automatically,
353electronically, and wirelessly collect, receive, access,
354transmit, display, store, record, retrieve, analyze, evaluate,
355process, classify, manipulate, manage, assimilate, control,
356communicate, exchange, convert, converge, interface, switch, or
357disseminate information of any kind or form.
358     (7)(5)  "Information technology Enterprise resources
359management infrastructure" means the hardware, software,
360networks, data, human resources, policies, standards,
361facilities, maintenance, and related materials and services that
362are required to support the business processes of an agency or
363state enterprise.
364     (8)(6)  "Information technology Enterprise resource
365planning and management" means the planning, budgeting,
366acquiring, developing, organizing, directing, training, control,
367and related services associated with government information
368technology. The term encompasses information and related
369resources, as well as the controls associated with their
370acquisition, development, dissemination, and use.
371     (9)(8)  "Project" means an undertaking directed at the
372implementation accomplishment of information technology to
373achieve a strategic objective relating to enterprise resources
374management or a specific appropriated program.
375     (9)  "State Annual Report on Enterprise Resource Planning
376and Management" means the report prepared by the State
377Technology Office as defined in s. 282.102.
378     (10)  "Standards" means the generally accepted definitions
379for information technology which promote the use of current,
380open, nonproprietary, or non-vendor-specific technologies.
381     (11)  "State Technology Office" or "office" means the
382office created in s. 282.102.
383     (12)  "Total cost" means all costs associated with
384information technology projects or initiatives, including, but
385not limited to, value of hardware, software, service,
386maintenance, incremental personnel, and facilities. Total cost
387of a loan or gift of information technology resources to an
388agency includes the fair market value of the resources, except
389that the total cost of loans or gifts of information technology
390to state universities to be used in instruction or research does
391not include fair market value.
392     Section 7.  Section 282.005, Florida Statutes, is repealed.
393     Section 8.  Section 282.0055, Florida Statutes, is created
394to read:
395     282.0055  Limitation with respect to cabinet
396personnel.--The Florida Technology Council may not take action
397affecting the supervision, control, management, or coordination
398of information technology and information technology personnel
399that any cabinet officer listed in s. 4, Art. IV of the State
400Constitution deems necessary for the exercise of his or her
401statutory or constitutional duties.
402     Section 9.  Section 282.102, Florida Statutes, is amended
403to read:
404     282.102  Creation of the State Technology Office; Powers
405and duties of the Department of Management Services relating to
406state communications system.--There is created a State
407Technology Office within The Department of Management Services.
408The office shall be a separate budget entity, and shall be
409headed by a Chief Information Officer who is appointed by the
410Governor and is in the Senior Management Service. The Chief
411Information Officer shall be an agency head for all purposes.
412The Department of Management Services shall provide
413administrative support and service to the office to the extent
414requested by the Chief Information Officer. The office may adopt
415policies and procedures regarding personnel, procurement, and
416transactions for State Technology Office personnel. The office
417shall have the following powers, duties, and functions in
418operating the statewide communications system:
419     (1)  To publish electronically the portfolio of services
420available from the department office, including pricing
421information; the policies and procedures of the department
422office governing usage of available services; and a forecast of
423the priorities and initiatives for the state communications
424system for the ensuing 2 years.
425     (2)  To adopt rules implementing policies and procedures
426providing best practices to be followed by agencies in
427acquiring, using, upgrading, modifying, replacing, or disposing
428of information technology.
429     (3)  To perform, in consultation with an agency, the
430enterprise resource planning and management for the agency.
431     (2)(4)  To advise and render aid to state agencies and
432political subdivisions of the state as to systems or methods to
433be used for organizing and meeting communications information
434technology requirements efficiently and effectively.
435     (5)  To integrate the information technology systems and
436services of state agencies.
437     (3)(6)  To adopt technical standards for the state
438communications information technology system which will assure
439the interconnection of computer networks and information systems
440of agencies.
441     (4)(7)  To assume management responsibility for any
442consolidated communications system integrated information
443technology system or service when determined jointly by the
444department and the agency office to be economically efficient or
445performance-effective.
446     (5)(8)  To enter into agreements related to information
447technology with state agencies and political subdivisions of the
448state for services provided herein.
449     (6)(9)  To use and acquire, with agency concurrence,
450communications facilities information technology now owned or
451operated by any agency.
452     (7)(10)  To purchase from or contract with information
453technology providers for communications facilities and services
454information technology, including private line services.
455     (8)(11)  To apply for, receive, and hold, and to assist
456agencies in applying for, receiving, or holding, such
457authorizations, patents, copyrights, trademarks, service marks,
458licenses, and allocations or channels and frequencies to carry
459out the purposes of this part.
460     (9)(12)  To purchase, lease, or otherwise acquire and to
461hold, sell, transfer, license, or otherwise dispose of real,
462personal, and intellectual property, including, but not limited
463to, patents, trademarks, copyrights, and service marks.
464     (10)(13)  To cooperate with any federal, state, or local
465emergency management agency in providing for emergency
466communications services.
467     (11)(14)  To delegate, as necessary, to state agencies the
468authority to purchase, lease, or otherwise acquire and to use
469communications equipment, facilities, and services information
470technology or, as necessary, to control and approve the
471purchase, lease, or acquisition and the use of all
472communications equipment, services, and facilities information
473technology, including, but not limited to, communications
474services provided as part of any other total system to be used
475by the state or any of its agencies.
476     (12)(15)  To acquire ownership, possession, custody, and
477control of existing communications equipment and facilities,
478including all right, title, interest, and equity therein, as
479necessary, to carry out the purposes of this part. However, the
480provisions of this subsection shall in no way affect the rights,
481title, interest, or equity in any such equipment or facilities
482owned by, or leased to, the state or any state agency by any
483telecommunications company.
484     (13)(16)  To adopt rules pursuant to ss. 120.536(1) and
485120.54 relating to information technology and to administer the
486provisions of this part.
487     (14)(17)  To provide a means whereby political subdivisions
488of the state may use state information technology systems upon
489such terms and under such conditions as the department office
490may establish.
491     (15)(18)  To apply for and accept federal funds for any of
492the purposes of this part as well as gifts and donations from
493individuals, foundations, and private organizations.
494     (16)(19)  To monitor issues relating to communications
495facilities and services before the Florida Public Service
496Commission and, when necessary, prepare position papers, prepare
497testimony, appear as a witness, and retain witnesses on behalf
498of state agencies in proceedings before the commission.
499     (17)(20)  Unless delegated to the agencies by the Chief
500Information Officer, to manage and control, but not intercept or
501interpret, communications within the SUNCOM Network by:
502     (a)  Establishing technical standards to physically
503interface with the SUNCOM Network.
504     (b)  Specifying how communications are transmitted within
505the SUNCOM Network.
506     (c)  Controlling the routing of communications within the
507SUNCOM Network.
508     (d)  Establishing standards, policies, and procedures for
509access to the SUNCOM Network.
510     (e)  Ensuring orderly and reliable communications services
511in accordance with the service level agreements executed with
512state agencies.
513     (18)(21)  To plan, design, and conduct experiments for
514information technology services, equipment, and technologies,
515and to implement enhancements in the state information
516technology system when in the public interest and cost-
517effective. Funding for such experiments shall be derived from
518SUNCOM Network service revenues and shall not exceed 2 percent
519of the annual budget for the SUNCOM Network for any fiscal year
520or as provided in the General Appropriations Act. New services
521offered as a result of this subsection shall not affect existing
522rates for facilities or services.
523     (19)(22)  To enter into contracts or agreements, with or
524without competitive bidding or procurement, to make available,
525on a fair, reasonable, and nondiscriminatory basis, property and
526other structures under department office control for the
527placement of new facilities by any wireless provider of mobile
528service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any
529telecommunications company as defined in s. 364.02 when it is
530determined to be practical and feasible to make such property or
531other structures available. The department office may, without
532adopting a rule, charge a just, reasonable, and
533nondiscriminatory fee for the placement of the facilities,
534payable annually, based on the fair market value of space used
535by comparable communications facilities in the state. The
536department office and a wireless provider or telecommunications
537company may negotiate the reduction or elimination of a fee in
538consideration of services provided to the department office by
539the wireless provider or telecommunications company. All such
540fees collected by the department office shall be deposited
541directly into the Law Enforcement Radio Operating Trust Fund,
542and may be used by the department office to construct, maintain,
543or support the system.
544     (20)(23)  To provide an integrated electronic system for
545deploying government products, services, and information to
546individuals and businesses which reflects cost-effective
547deployment strategies in keeping with industry standards and
548practices and includes protections and security of private
549information as well as maintenance of public records.
550     (a)  The integrated electronic system shall reflect cost-
551effective deployment strategies in keeping with industry
552standards and practices, including protections and security of
553private information as well as maintenance of public records.
554     (b)  The office shall provide a method for assessing fiscal
555accountability for the integrated electronic system and shall
556establish the organizational structure required to implement
557this system.
558     (24)  To provide administrative support to the Agency Chief
559Information Officers Council and other workgroups created by the
560Chief Information Officer.
561     (25)  To facilitate state information technology education
562and training for senior management and other agency staff.
563     (26)  To prepare, on behalf of the Executive Office of the
564Governor, memoranda on recommended guidelines and best practices
565for information resources management, when requested.
566     (27)  To prepare, publish, and disseminate the State Annual
567Report on Enterprise Resource Planning and Management under s.
568282.310.
569     (28)  To study and make a recommendation to the Governor
570and Legislature on the feasibility of implementing online voting
571in this state.
572     (29)  To facilitate the development of a network access
573point in this state, as needed.
574     (30)  To designate a State Chief Privacy Officer who shall
575be responsible for the continual review of policies, laws,
576rules, and practices of state agencies which may affect the
577privacy concerns of state residents.
578     Section 10.  Section 282.103, Florida Statutes, is amended
579to read:
580     282.103  SUNCOM Network; exemptions from the required
581use.--
582     (1)  There is created within the Department of Management
583Services State Technology Office the SUNCOM Network which shall
584be developed to serve as the state communications system for
585providing local and long-distance communications services to
586state agencies, political subdivisions of the state,
587municipalities, state universities, and nonprofit corporations
588pursuant to ss. 282.101-282.111. The SUNCOM Network shall be
589developed to transmit all types of communications signals,
590including, but not limited to, voice, data, video, image, and
591radio. State agencies shall cooperate and assist in the
592development and joint use of communications systems and
593services.
594     (2)  The department State Technology Office shall design,
595engineer, implement, manage, and operate through state
596ownership, commercial leasing, or some combination thereof, the
597facilities and equipment providing SUNCOM Network services, and
598shall develop a system of equitable billings and charges for
599communication services.
600     (3)  All state agencies and state universities are required
601to use the SUNCOM Network for agency and state university
602communications services as the services become available;
603however, no agency or university is relieved of responsibility
604for maintaining communications services necessary for effective
605management of its programs and functions. If a SUNCOM Network
606service does not meet the communications requirements of an
607agency or university, the agency or university shall notify the
608department State Technology Office in writing and detail the
609requirements for that communications service. If the department
610office is unable to meet an agency's or university's
611requirements by enhancing SUNCOM Network service, the department
612office may grant the agency or university an exemption from the
613required use of specified SUNCOM Network services.
614     Section 11.  Section 282.104, Florida Statutes, is amended
615to read:
616     282.104  Use of state SUNCOM Network by
617municipalities.--Any municipality may request the department
618State Technology Office to provide any or all of the SUNCOM
619Network's portfolio of communications services upon such terms
620and under such conditions as the department office may
621establish. The requesting municipality shall pay its share of
622installation and recurring costs according to the published
623rates for SUNCOM Network services and as invoiced by the
624department office. Such municipality shall also pay for any
625requested modifications to existing SUNCOM Network services, if
626any charges apply.
627     Section 12.  Section 282.105, Florida Statutes, is amended
628to read:
629     282.105  Use of state SUNCOM Network by nonprofit
630corporations.--
631     (1)  The department State Technology Office shall provide a
632means whereby private nonprofit corporations under contract with
633state agencies or political subdivisions of the state may use
634the state SUNCOM Network, subject to the limitations in this
635section. In order to qualify to use the state SUNCOM Network, a
636nonprofit corporation shall:
637     (a)  Expend the majority of its total direct revenues for
638the provision of contractual services to the state, a
639municipality, or a political subdivision of the state; and
640     (b)  Receive only a small portion of its total revenues
641from any source other than a state agency, a municipality, or a
642political subdivision of the state during the period of time
643SUNCOM Network services are requested.
644     (2)  Each nonprofit corporation seeking authorization to
645use the state SUNCOM Network pursuant to this section shall
646provide to the department office, upon request, proof of
647compliance with subsection (1).
648     (3)  Nonprofit corporations established pursuant to general
649law and an association of municipal governments which is wholly
650owned by the municipalities shall be eligible to use the state
651SUNCOM Network, subject to the terms and conditions of the
652department office.
653     (4)  Institutions qualified to participate in the William
654L. Boyd, IV, Florida Resident Access Grant Program pursuant to
655s. 1009.89 shall be eligible to use the state SUNCOM Network,
656subject to the terms and conditions of the department office.
657Such entities shall not be required to satisfy the other
658criteria of this section.
659     (5)  Private, nonprofit elementary and secondary schools
660shall be eligible for rates and services on the same basis as
661public schools, providing these nonpublic schools do not have an
662endowment in excess of $50 million.
663     Section 13.  Section 282.106, Florida Statutes, is amended
664to read:
665     282.106  Use of SUNCOM Network by libraries.--The
666department State Technology Office may provide SUNCOM Network
667services to any library in the state, including libraries in
668public schools, community colleges, state universities, and
669nonprofit private postsecondary educational institutions, and
670libraries owned and operated by municipalities and political
671subdivisions.
672     Section 14.  Section 282.1065, Florida Statutes, is created
673to read:
674     282.1065  Use of SUNCOM Network by hospitals.-- The
675department may provide SUNCOM Network services to hospitals or
676other facilities licensed under chapter 395 and their state
677associations who currently contract with or provide services on
678behalf of state or local governments.
679     Section 15.  Section 282.107, Florida Statutes, is amended
680to read:
681     282.107  SUNCOM Network; criteria for usage.--
682     (1)  The department State Technology Office shall
683periodically review the qualifications of subscribers using the
684state SUNCOM Network and shall terminate services provided to
685any facility not qualified pursuant to ss. 282.101-282.111 or
686rules adopted hereunder. In the event of nonpayment of invoices
687by subscribers whose SUNCOM Network invoices are paid from
688sources other than legislative appropriations, such nonpayment
689represents good and sufficient reason to terminate service.
690     (2)  The department State Technology Office shall adopt
691rules setting forth its procedures for withdrawing and restoring
692authorization to use the state SUNCOM Network. Such rules shall
693provide a minimum of 30 days' notice to affected parties prior
694to termination of voice communications service.
695     (3)  Nothing in this section shall be construed to limit or
696restrict the ability of the Florida Public Service Commission to
697set jurisdictional tariffs of telecommunications companies.
698     Section 16.  Section 282.1095, Florida Statutes, is amended
699to read:
700     282.1095  State agency law enforcement radio system and
701interoperability network.--
702     (1)  The department State Technology Office may acquire and
703implement a statewide radio communications system to serve law
704enforcement units of state agencies, and to serve local law
705enforcement agencies through mutual aid channels. The Joint Task
706Force on State Agency Law Enforcement Communications is
707established in the department State Technology Office to advise
708the department office of member-agency needs for the planning,
709designing, and establishment of the joint system. The State
710Agency Law Enforcement Radio System Trust Fund is established in
711the department State Technology Office. The trust fund shall be
712funded from surcharges collected under ss. 320.0802 and 328.72.
713     (2)(a)  The Joint Task Force on State Agency Law
714Enforcement Communications shall consist of eight members, as
715follows:
716     1.  A representative of the Division of Alcoholic Beverages
717and Tobacco of the Department of Business and Professional
718Regulation who shall be appointed by the secretary of the
719department.
720     2.  A representative of the Division of Florida Highway
721Patrol of the Department of Highway Safety and Motor Vehicles
722who shall be appointed by the executive director of the
723department.
724     3.  A representative of the Department of Law Enforcement
725who shall be appointed by the executive director of the
726department.
727     4.  A representative of the Fish and Wildlife Conservation
728Commission who shall be appointed by the executive director of
729the commission.
730     5.  A representative of the Division of Law Enforcement of
731the Department of Environmental Protection who shall be
732appointed by the secretary of the department.
733     6.  A representative of the Department of Corrections who
734shall be appointed by the secretary of the department.
735     7.  A representative of the Division of State Fire Marshal
736of the Department of Financial Services who shall be appointed
737by the State Fire Marshal.
738     8.  A representative of the Department of Transportation
739who shall be appointed by the secretary of the department.
740     (b)  Each appointed member of the joint task force shall
741serve at the pleasure of the appointing official. Any vacancy on
742the joint task force shall be filled in the same manner as the
743original appointment. Any joint task force member may, upon
744notification to the chair prior to the beginning of any
745scheduled meeting, appoint an alternative to represent the
746member on the task force and vote on task force business in his
747or her absence.
748     (c)  The joint task force shall elect a chair from among
749its members to serve a 1-year term. A vacancy in the chair of
750the joint task force must be filled for the remainder of the
751unexpired term by an election of the joint task force members.
752     (d)  The joint task force shall meet as necessary, but at
753least quarterly, at the call of the chair and at the time and
754place designated by him or her.
755     (e)  The per diem and travel expenses incurred by a member
756of the joint task force in attending its meetings and in
757attending to its affairs shall be paid pursuant to s. 112.061,
758from funds budgeted to the state agency that the member
759represents.
760     (f)  The department State Technology Office is hereby
761authorized to rent or lease space on any tower under its
762control. The department office may also rent, lease, or sublease
763ground space as necessary to locate equipment to support
764antennae on the towers. The costs for use of such space shall be
765established by the department office for each site, when it is
766determined to be practicable and feasible to make space
767available. The department office may refuse to lease space on
768any tower at any site. All moneys collected by the department
769office for such rents, leases, and subleases shall be deposited
770directly into the Law Enforcement Radio Operating Trust Fund and
771may be used by the department office to construct, maintain, or
772support the system.
773     (g)  The department State Technology Office is hereby
774authorized to rent, lease, or sublease ground space on lands
775acquired by the department office for the construction of
776privately owned or publicly owned towers. The department office
777may, as a part of such rental, lease, or sublease agreement,
778require space on said tower or towers for antennae as may be
779necessary for the construction and operation of the state agency
780law enforcement radio system or any other state need. The
781positions necessary for the department office to accomplish its
782duties under this paragraph and paragraph (f) shall be
783established in the General Appropriations Act and shall be
784funded by the Law Enforcement Radio Operating Trust Fund or
785other revenue sources.
786     (h)  The department State Technology Office may make the
787mutual aid channels in the statewide radio communications system
788available to federal agencies, state agencies, and agencies of
789the political subdivisions of the state for the purpose of
790public safety and domestic security. The department office shall
791exercise its powers and duties, as specified in this chapter, to
792plan, manage, and administer the mutual aid channels. The
793department office shall, in implementing such powers and duties,
794act in consultation and conjunction with the Department of Law
795Enforcement and the Division of Emergency Management of the
796Department of Community Affairs, and shall manage and administer
797the mutual aid channels in a manner that reasonably addresses
798the needs and concerns of the involved law enforcement agencies
799and emergency response agencies and entities.
800     (3)  Upon appropriation, moneys in the trust fund may be
801used by the department office to acquire by competitive
802procurement the equipment; software; and engineering,
803administrative, and maintenance services it needs to construct,
804operate, and maintain the statewide radio system. Moneys in the
805trust fund collected as a result of the surcharges set forth in
806ss. 320.0802 and 328.72 shall be used to help fund the costs of
807the system. Upon completion of the system, moneys in the trust
808fund may also be used by the department office to provide for
809payment of the recurring maintenance costs of the system.
810     (4)(a)  The department office shall, in conjunction with
811the Department of Law Enforcement and the Division of Emergency
812Management of the Department of Community Affairs, establish
813policies, procedures, and standards which shall be incorporated
814into a comprehensive management plan for the use and operation
815of the statewide radio communications system.
816     (b)  The joint task force, in consultation with the
817department office, shall have the authority to permit other
818state agencies to use the communications system, under terms and
819conditions established by the joint task force.
820     (5)  The department office shall provide technical support
821to the joint task force and shall bear the overall
822responsibility for the design, engineering, acquisition, and
823implementation of the statewide radio communications system and
824for ensuring the proper operation and maintenance of all system
825common equipment.
826     (6)(a)  The department State Technology Office may create
827and implement an interoperability network to enable
828interoperability between various radio communications
829technologies and to serve federal agencies, state agencies, and
830agencies of political subdivisions of the state for the purpose
831of public safety and domestic security. The department office
832shall, in conjunction with the Department of Law Enforcement and
833the Division of Emergency Management of the Department of
834Community Affairs, exercise its powers and duties pursuant to
835this chapter to plan, manage, and administer the
836interoperability network. The department office may:
837     1.  Enter into mutual aid agreements among federal
838agencies, state agencies, and political subdivisions of the
839state for the use of the interoperability network.
840     2.  Establish the cost of maintenance and operation of the
841interoperability network and charge subscribing federal and
842local law enforcement agencies for access and use of the
843network. The department State Technology Office may not charge
844state law enforcement agencies identified in paragraph (2)(a) to
845use the network.
846     3.  In consultation with the Department of Law Enforcement
847and the Division of Emergency Management of the Department of
848Community Affairs, amend and enhance the statewide radio
849communications system as necessary to implement the
850interoperability network.
851     (b)  The department State Technology Office, in
852consultation with the Joint Task Force on State Agency Law
853Enforcement Communications, and in conjunction with the
854Department of Law Enforcement and the Division of Emergency
855Management of the Department of Community Affairs, shall
856establish policies, procedures, and standards to incorporate
857into a comprehensive management plan for the use and operation
858of the interoperability network.
859     Section 17.  Section 282.111, Florida Statutes, is amended
860to read:
861     282.111  Statewide system of regional law enforcement
862communications.--
863     (1)  It is the intent and purpose of the Legislature that a
864statewide system of regional law enforcement communications be
865developed whereby maximum efficiency in the use of existing
866radio channels is achieved in order to deal more effectively
867with the apprehension of criminals and the prevention of crime
868generally. To this end, all law enforcement agencies within the
869state are directed to provide the department State Technology
870Office with any information the department office requests for
871the purpose of implementing the provisions of subsection (2).
872     (2)  The department State Technology Office is hereby
873authorized and directed to develop and maintain a statewide
874system of regional law enforcement communications. In
875formulating such a system, the department office shall divide
876the state into appropriate regions and shall develop a program
877which shall include, but not be limited to, the following
878provisions:
879     (a)  The communications requirements for each county and
880municipality comprising the region.
881     (b)  An interagency communications provision which shall
882depict the communication interfaces between municipal, county,
883and state law enforcement entities which operate within the
884region.
885     (c)  Frequency allocation and use provision which shall
886include, on an entity basis, each assigned and planned radio
887channel and the type of operation, simplex, duplex, or half-
888duplex, on each channel.
889     (3)  The department office shall adopt any necessary rules
890and regulations for implementing and coordinating the statewide
891system of regional law enforcement communications.
892     (4)  The secretary of the Department of Management Services
893Chief Information Officer of the State Technology Office or his
894or her designee is designated as the director of the statewide
895system of regional law enforcement communications and, for the
896purpose of carrying out the provisions of this section, is
897authorized to coordinate the activities of the system with other
898interested state agencies and local law enforcement agencies.
899     (5)  No law enforcement communications system shall be
900established or present system expanded without the prior
901approval of the department State Technology Office.
902     (6)  Within the limits of its capability, the Department of
903Law Enforcement is encouraged to lend assistance to the
904department State Technology Office in the development of the
905statewide system of regional law enforcement communications
906proposed by this section.
907     Section 18.  Section 282.20, Florida Statutes, is amended
908to read:
909     282.20  Technology Resource Center.--
910     (1)(a)  The Department of Management Services State
911Technology Office shall operate and manage the Technology
912Resource Center.
913     (b)  For the purposes of this section, the term:
914     1.  "Information-system utility" means a full-service
915information-processing facility offering hardware, software,
916operations, integration, networking, and consulting services.
917     2.  "Customer" means a state agency or other entity which
918is authorized to utilize the SUNCOM Network pursuant to this
919part.
920     (2)  The Technology Resource Center shall:
921     (a)  Serve the department office and other customers as an
922information-system utility.
923     (b)  Cooperate with customers to offer, develop, and
924support a wide range of services and applications needed by
925users of the Technology Resource Center.
926     (c)  Cooperate with the Florida Legal Resource Center of
927the Department of Legal Affairs and other state agencies to
928develop and provide access to repositories of legal information
929throughout the state.
930     (d)  Cooperate with the department office to facilitate
931interdepartmental networking and integration of network services
932for its customers.
933     (e)  Assist customers in testing and evaluating new and
934emerging technologies that could be used to meet the needs of
935the state.
936     (3)  The department office may contract with customers to
937provide any combination of services necessary for agencies to
938fulfill their responsibilities and to serve their users.
939     (4)  The Technology Resource Center may plan, design,
940establish pilot projects for, and conduct experiments with
941information technology resources, and may implement enhancements
942in services when such implementation is cost-effective. Funding
943for experiments and pilot projects shall be derived from service
944revenues and may not exceed 5 percent of the service revenues
945for the Technology Resource Center for any single fiscal year.
946Any experiment, pilot project, plan, or design must be approved
947by the secretary of the department Chief Information Officer.
948     (5)  Notwithstanding the provisions of s. 216.272, the
949Technology Resource Center may spend funds in the reserve
950account of the Technology Enterprise Operating Trust Fund for
951enhancements to center operations or for information technology
952resources. Any expenditure of reserve account funds must be
953approved by the secretary of the department Chief Information
954Officer. Any funds remaining in the reserve account at the end
955of the fiscal year may be carried forward and spent as approved
956by the secretary Chief Information Officer, provided that such
957approval conforms to any applicable provisions of chapter 216.
958     Section 19.  Section 282.21, Florida Statutes, is amended
959to read:
960     282.21  The State Technology Office's Electronic access
961services of the department.--The department State Technology
962Office may collect fees for providing remote electronic access
963pursuant to s. 119.07(2). The fees may be imposed on individual
964transactions or as a fixed subscription for a designated period
965of time. All fees collected under this section shall be
966deposited in the appropriate trust fund of the program or
967activity that made the remote electronic access available.
968     Section 20.  Section 282.22, Florida Statutes, is amended
969to read:
970     282.22  State Technology Office; Production, dissemination,
971and ownership of materials and products.--
972     (1)  It is the intent of the Legislature that when
973materials, products, information, and services are acquired or
974developed by or under the direction of the department State
975Technology Office, through research and development or other
976efforts, including those subject to copyright, patent, or
977trademark, they shall be made available for use by state and
978local government entities at the earliest practicable date and
979in the most economical and efficient manner possible and
980consistent with chapter 119.
981     (2)  To accomplish this objective the department may office
982is authorized to publish or partner with private sector entities
983to produce or have produced materials and products and to make
984them readily available for appropriate use. The department may
985office is authorized to charge an amount or receive value-added
986services adequate to cover the essential cost of producing and
987disseminating such materials, information, services, or products
988and is authorized to sell services.
989     (3)  If In cases in which the materials or products are of
990such nature, or the circumstances are such, that it is not
991practicable or feasible for the department office to produce or
992have produced materials and products so developed, it is
993authorized, after review and approval by the Executive Office of
994the Governor, to license, lease, assign, sell, or otherwise give
995written consent to any person, firm, or corporation for the
996manufacture or use thereof, on a royalty basis, or for such
997other consideration as the department deems office shall deem
998proper and in the best interest of the state; the department
999shall office is authorized and directed to protect same against
1000improper or unlawful use or infringement and to enforce the
1001collection of any sums due for the manufacture or use thereof by
1002any other party.
1003     (4)  All proceeds from the sale of such materials and
1004products or other money collected pursuant to this section shall
1005be deposited into the Grants and Donations Trust Fund of the
1006department office and, when properly budgeted as approved by the
1007Legislature and the Executive Office of the Governor, used to
1008pay the cost of producing and disseminating materials and
1009products to carry out the intent of this section.
1010     Section 21.  Section 282.23, Florida Statutes, is repealed.
1011     Section 22.  Section 282.3025, Florida Statutes, is created
1012to read:
1013     282.3025  Florida Technology Council; powers and duties.--
1014     (1)  There is created a Florida Technology Council within
1015the Department of Management Services. The council shall be
1016headed by a State Chief Information Officer who is appointed by
1017the Governor. The Department of Management Services shall
1018provide administrative support and services to the council.
1019     (2)  The council shall have the following powers, duties,
1020and functions:
1021     (a)  Develop and submit by January 15, 2006, a Statewide
1022Information Technology Strategic Plan consistent with the
1023provisions of s. 282.0051(1), and in consultation with the
1024Agency Chief Information Officers Council. The plan must
1025include, but need not be limited to, a description and
1026recommendations as to how the state can deploy information
1027technology that:
1028     1.  Aligns state information technology resources and
1029assets to achieve an enterprise perspective and focus state
1030investments on initiatives that provide significant improvements
1031in statewide service delivery and business operations.
1032     2.  Makes state governmental information and services more
1033accessible to residents and the state's clients.
1034     3.  Improves governmental efficiency and cost-
1035effectiveness.
1036     4.  Improves security and performance of the state's
1037information technology infrastructure.
1038     5.  Makes recommendations for changes to the statutes which
1039promote the findings of the report.
1040     (b)  Develop enterprise information technology policies,
1041standards, guidelines, and procedures in consultation with and
1042subject to the approval of the Agency Chief Information Officers
1043Council, the Technology Review Workgroup, and the department,
1044relating to enterprise architecture, enterprise Internet portal,
1045business continuity and disaster recovery, security, computing,
1046networks, desktop equipment, and communications.
1047     (c)  Recommend, in consultation with and subject to the
1048approval of the Agency Chief Information Officers Council and
1049the Technology Review Workgroup, a project management
1050methodology for use by the agencies to meet the provisions of s.
1051282.0051. The methodology shall be adopted by September 30,
10522005, for distribution to the agencies.
1053     (d)  Develop, in consultation with and subject to the
1054approval of the Agency Chief Information Officers Council and
1055the Technology Review Workgroup, a model agency information
1056technology investment management process and an information
1057technology investment portfolio. The model process shall be
1058adopted by September 30, 2005, for distribution to the agencies.
1059      (e)  Review recommendations made by the Agency Chief
1060Information Officers Council for improving information
1061technology in agencies or the state and make recommendations to
1062the Governor and the Legislature for consideration during
1063legislative session.
1064     (f)  Review each agency information technology investment
1065portfolio and make recommendations to the Governor and the
1066Legislature regarding opportunities consistent with s.
1067282.0051(1).
1068     (g)  Prepare, on behalf of the Executive Office of the
1069Governor, memoranda on recommended guidelines and best practices
1070for information technology, when requested.
1071     (3)  The Florida Technology Council may adopt rules
1072pursuant to ss. 120.536(1) and 120.54 to administer the
1073provisions of this section.
1074     Section 23.  Section 282.3031, Florida Statutes, is amended
1075to read:
1076     282.3031  Assignment of information technology planning and
1077resources management responsibilities.--For purposes of ss.
1078282.3032-282.322 282.303-282.322, to ensure the best management
1079of state information technology resources, and notwithstanding
1080other provisions of law to the contrary, the functions of
1081information technology planning and resources management are
1082assigned to the university boards of trustees for the
1083development and implementation of planning, management,
1084rulemaking, standards, and guidelines for the state
1085universities; to the community college boards of trustees for
1086establishing and developing rules for the community colleges; to
1087the Supreme Court for the judicial branch; to each state
1088attorney and public defender; and to the agency head State
1089Technology Office for the agencies within the executive branch
1090of state government.
1091     Section 24.  Section 282.3032, Florida Statutes, is
1092repealed.
1093     Section 25.  Section 282.3055, Florida Statutes, is amended
1094to read:
1095     282.3055  Agency chief information officer; appointment;
1096duties.--
1097     (1)(a)  To assist the agency head State Technology Officer
1098in carrying out information technology the enterprise resource
1099planning and management responsibilities, the agency head Chief
1100Information Officer may appoint or contract for an agency chief
1101information officer. This position may be full time or part
1102time.
1103     (b)  The agency chief information officer must, at a
1104minimum, have knowledge and experience in both management and
1105information technology resources.
1106     (2)  The duties of the agency chief information officer
1107include, but are not limited to:
1108     (a)  Coordinating and facilitating agency information
1109technology enterprise resource planning and management projects
1110and initiatives.
1111     (b)  Preparing the an agency annual information technology
1112investment portfolio report on enterprise resource planning and
1113management pursuant to the provisions of s. 282.0051 s.
1114282.3063.
1115     (c)  Developing and implementing agency information
1116technology enterprise resource planning and management policies,
1117procedures, guidelines, and standards consistent with statewide
1118policies, procedures, guidelines, and standards, including
1119specific policies and procedures for review and approval of the
1120agency's purchases of information technology resources in
1121accordance with the office's policies and procedures.
1122     (d)  Advising agency senior management as to the
1123information technology enterprise resource planning and
1124management and the information technology investment needs of
1125the agency for inclusion in planning documents required by law.
1126     (e)  Staffing and supporting an agency information
1127technology investment management process.
1128     (e)  Assisting in the development and prioritization of the
1129enterprise resource planning and management schedule of the
1130agency's legislative budget request.
1131     Section 26.  Section 282.3063, Florida Statutes, is
1132repealed.
1133     Section 27.  Section 282.310, Florida Statutes, is
1134repealed.
1135     Section 28.  Section 282.315, Florida Statutes, is amended
1136to read:
1137     282.315  Agency Chief Information Officers Council;
1138creation.--The Legislature finds that enhancing communication,
1139consensus building, coordination, and facilitation of statewide
1140enterprise information technology resource planning and
1141management issues are is essential to improving state management
1142of such resources.
1143     (1)  There is created an Agency Chief Information Officers
1144Council to:
1145     (a)  Enhance communication among the agency chief
1146information officers and the Florida Technology Council by
1147sharing enterprise resource planning and management experiences
1148and exchanging ideas.
1149     (b)  Identify and recommend Facilitate the sharing of best
1150practices that are characteristic of highly successful
1151technology organizations, as well as exemplary information
1152technology applications of state agencies, and assist the
1153Florida Technology Council in the development of policies,
1154standards, guidelines, and procedures for use by all state
1155agencies.
1156     (c)  Identify efficiency opportunities among state agencies
1157to fulfill the guidelines in s. 282.3032 and make
1158recommendations for action to the Florida Technology Council.
1159     (d)  Serve as an educational forum for enterprise
1160information technology resource planning and management issues.
1161     (e)  Identify Assist the State Technology Office in
1162identifying critical statewide issues and, when appropriate,
1163make recommendations to the Florida Technology Council for
1164solving information technology enterprise resource planning and
1165management deficiencies.
1166     (2)  Members of the council shall include the agency chief
1167information officers, including the chief information officers
1168of the agencies and governmental entities enumerated in s.
1169282.3031, except that there shall be one chief information
1170officer selected by the state attorneys and one chief
1171information officer selected by the public defenders. The
1172chairs, or their designees, of the Florida Financial Management
1173Information System Coordinating Council, the Criminal and
1174Juvenile Justice Information Systems Council, and the Health
1175Information Systems Council shall represent their respective
1176organizations on the Agency Chief Information Officers Council
1177as voting members. The council shall appoint a chair, a vice
1178chair, and a secretary from its members to serve a 1-year term
1179each. The council shall establish procedures to govern council
1180business.
1181     (3)  The Florida Technology Council State Technology Office
1182shall provide administrative support to the council.
1183     Section 29.  Section 282.318, Florida Statutes, is amended
1184to read:
1185     282.318  Security of data and information technology
1186resources.--
1187     (1)  This section may be cited as the "Security of Data and
1188Information Technology Infrastructure Resources Act."
1189     (2)(a)  The State Technology Office, in consultation with
1190Each agency head, is responsible and accountable for assuring an
1191adequate level of security for all data and information
1192technology infrastructure resources of each agency and, to carry
1193out this responsibility, shall, at a minimum:
1194     1.  Designate an information security manager who shall
1195administer the security program of each agency for its data and
1196information technology resources.
1197     2.  Conduct, and periodically update, a comprehensive risk
1198analysis to determine the security threats to the data and
1199information technology infrastructure resources of each agency.
1200The risk analysis information is confidential and exempt from
1201the provisions of s. 119.07(1), except that such information
1202shall be available to the Auditor General in performing his or
1203her postauditing duties.
1204     3.  Develop, and periodically update, written internal
1205policies and procedures to assure the security of the data and
1206information technology infrastructure resources of each agency.
1207The internal policies and procedures which, if disclosed, could
1208facilitate the unauthorized modification, disclosure, or
1209destruction of data or information technology infrastructure
1210resources are confidential information and exempt from the
1211provisions of s. 119.07(1), except that such information shall
1212be available to the Auditor General in performing his or her
1213postauditing duties.
1214     4.  Implement appropriate cost-effective safeguards to
1215reduce, eliminate, or recover from the identified risks to the
1216data and information technology infrastructure resources of each
1217agency.
1218     5.  Ensure that periodic internal audits and evaluations of
1219each security program for the data and information technology
1220infrastructure resources of the agency are conducted. The
1221results of such internal audits and evaluations are confidential
1222information and exempt from the provisions of s. 119.07(1),
1223except that such information shall be available to the Auditor
1224General in performing his or her postauditing duties.
1225     6.  Include appropriate security requirements, as
1226determined by the agency State Technology Office, in
1227consultation with the Department of Law Enforcement each agency
1228head, in the written specifications for the solicitation of
1229information technology resources.
1230     (b)  In those instances in which the department State
1231Technology Office develops state contracts for use by state
1232agencies, the department office shall include appropriate
1233security requirements in the specifications for the solicitation
1234for state contracts for procuring information technology
1235infrastructure resources.
1236     Section 30.  Section 282.322, Florida Statutes, is amended
1237to read:
1238     282.322  Special monitoring process for designated
1239information resources management projects.--
1240     (1)  For each information resources management project
1241which is designated for special monitoring in the General
1242Appropriations Act, with a proviso requiring a contract with a
1243project monitor, the Technology Review Workgroup established
1244pursuant to s. 216.0446, in consultation with each affected
1245agency, shall be responsible for contracting with the project
1246monitor. Upon contract award, funds equal to the contract amount
1247shall be transferred to the Technology Review Workgroup upon
1248request and subsequent approval of a budget amendment pursuant
1249to s. 216.292. With the concurrence of the Legislative Auditing
1250Committee, the office of the Auditor General shall be the
1251project monitor for other projects designated for special
1252monitoring. However, nothing in this section precludes the
1253Auditor General from conducting such monitoring on any project
1254designated for special monitoring. In addition to monitoring and
1255reporting on significant communications between a contracting
1256agency and the appropriate federal authorities, the project
1257monitoring process shall consist of evaluating each major stage
1258of the designated project to determine whether the deliverables
1259have been satisfied and to assess the level of risks associated
1260with proceeding to the next stage of the project. The major
1261stages of each designated project shall be determined based on
1262the agency's information systems development methodology. Within
126320 days after an agency has completed a major stage of its
1264designated project or at least 90 days, the project monitor
1265shall issue a written report, including the findings and
1266recommendations for correcting deficiencies, to the agency head,
1267for review and comment. Within 20 days after receipt of the
1268project monitor's report, the agency head shall submit a written
1269statement of explanation or rebuttal concerning the findings and
1270recommendations of the project monitor, including any corrective
1271action to be taken by the agency. The project monitor shall
1272include the agency's statement in its final report, which shall
1273be forwarded, within 7 days after receipt of the agency's
1274statement, to the agency head, the inspector general's office of
1275the agency, the Executive Office of the Governor, the
1276appropriations committees of the Legislature, the Joint
1277Legislative Auditing Committee, the Technology Review Workgroup,
1278the President of the Senate, the Speaker of the House of
1279Representatives, and the Office of Program Policy Analysis and
1280Government Accountability. The Auditor General shall also
1281receive a copy of the project monitor's report for those
1282projects in which the Auditor General is not the project
1283monitor.
1284     (2)  The Enterprise Project Management Office of the State
1285Technology Office shall report any information technology
1286projects the office identifies as high-risk to the Executive
1287Office of the Governor, the President of the Senate, the Speaker
1288of the House of Representatives, and the chairs of the
1289appropriations committees. Within the limits of current
1290appropriations, the Enterprise Project Management Office shall
1291monitor and report on such high-risk information technology
1292projects, and assess the levels of risks associated with
1293proceeding to the next stage of the project.
1294     Section 31.  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 32.  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 33.  Subsections (2), (5), (6), and (9) of section
1563445.049, Florida Statutes, are amended to read:
1564     445.049  Digital Divide Council.--
1565     (2)  DIGITAL DIVIDE COUNCIL.--The Digital Divide Council is
1566created in the Department of Management Services State
1567Technology Office. The council shall consist of:
1568     (a)  The Secretary of Management Services or his or her
1569designee chief information officer in the State Technology
1570Office.
1571     (b)  The director of the Office of Tourism, Trade, and
1572Economic Development in the Executive Office of the Governor.
1573     (c)  The president of Workforce Florida, Inc.
1574     (d)  The director of the Agency for Workforce Innovation.
1575     (e)  The chair of itflorida.com, Inc.
1576     (f)  The Commissioner of Education.
1577     (g)  The chair of the Network Access Point of the Americas.
1578     (h)  A representative of the information technology
1579industry in this state appointed by the Speaker of the House of
1580Representatives.
1581     (i)  A representative of the information technology
1582industry in this state appointed by the President of the Senate.
1583     (j)  Two members of the House of Representatives, who shall
1584be ex officio, nonvoting members of the council, appointed by
1585the Speaker of the House of Representatives, one of whom shall
1586be a member of the Republican Caucus and the other of whom shall
1587be a member of the Democratic Caucus.
1588     (k)  Two members of the Senate, who shall be ex officio,
1589nonvoting members of the council, appointed by the President of
1590the Senate, one of whom shall be a member of the Republican
1591Caucus and the other of whom shall be a member of the Democratic
1592Caucus.
1593     (5)  ADMINISTRATIVE AND TECHNICAL SUPPORT; PAYMENT OF
1594SUPPORT COSTS.--The Department of Management Services State
1595Technology Office shall provide such administrative and
1596technical support to the council as is reasonably necessary for
1597the council to effectively and timely carry out its duties and
1598responsibilities. All direct and indirect costs of providing
1599such support and performing the other duties assigned to the
1600Department of Management Services State Technology Office
1601related to design and implementation of the programs authorized
1602by this section may be paid from appropriations authorized to be
1603used for such purposes.
1604     (6)  POWERS AND DUTIES OF COUNCIL.--The council, through
1605the Department of Management Services State Technology Office,
1606is authorized and empowered to facilitate the design and
1607implementation of programs that are aimed at achieving the
1608objectives and goals stated in this section. The Department of
1609Management Services State Technology Office shall present and
1610demonstrate to the council the design characteristics and
1611functional elements of each program proposed to be implemented
1612to achieve the objectives and goals stated in this section and
1613each such program shall be reviewed and approved by the council
1614before being implemented. Such programs shall initially be
1615implemented as pilot programs in a minimum of six different
1616areas of the state to develop model programs that are likely to
1617be successful if implemented throughout the state. The areas of
1618the state where the pilot programs are implemented shall be
1619selected by the council with the objectives of testing the
1620merits of the programs in each geographic region of the state
1621and providing equal exposure of the programs to urban and rural
1622communities alike. Implementation of all such pilot and model
1623programs shall be administered by and through the local
1624workforce development boards and each such board shall
1625coordinate and confirm the ready availability and timely
1626delivery of all elements of such programs to ensure the highest
1627probability of such programs achieving their intended results.
1628     (9)  ANNUAL REPORT.--By March 1 each year, 2002, the
1629council, through the Department of Management Services State
1630Technology Office, shall report to the Executive Office of the
1631Governor, the Speaker of the House of Representatives, and the
1632President of the Senate the results of the council's monitoring,
1633reviewing, and evaluating such programs since their inception
1634and the council's recommendations as to whether such programs
1635should be continued and expanded to achieve the objectives and
1636goals stated in this section.
1637     Section 34.  This act shall take effect July 1, 2005.


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

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