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Amendment CaShTmL-590398.HTM
    Florida Senate - 2005            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. CS for SB 1494
                        Barcode 590398
    Proposed Committee Substitute by the Committee on General
    Government Appropriations
 1                      A bill to be entitled
 2         An act relating to information technology
 3         management; providing legislative intent that
 4         each state agency use a governance process and
 5         structure for managing its information
 6         technology operations and investments in order
 7         to ensure alignment with the business needs and
 8         policy requirements of the agency; providing
 9         definitions; providing a governance process for
10         information technology which includes
11         management of the agency's information
12         technology portfolio along with project
13         management; specifying the purpose of
14         information technology portfolio management;
15         requiring each agency to submit its information
16         technology portfolio as part of its legislative
17         budget request; requiring that agencies
18         implement and administer a project management
19         methodology; requiring that each agency
20         implement a management process; amending s.
21         20.22, F.S.; renaming an office within the
22         Department of Management Services; repealing s.
23         110.205(2)(e) and (w), F.S., relating to
24         personnel of the State Technology Office;
25         repealing s. 186.022, F.S., relating to
26         information technology strategic plans;
27         repealing s. 216.292(1)(c), F.S., relating to
28         transfer of positions or appropriations for
29         fiscal year 2001-2002; amending s. 282.0041,
30         F.S.; revising definitions; repealing s.
31         282.005, F.S., relating to legislative findings
                                  1
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Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 and intent concerning information technology; 2 creating s. 282.0055, F.S.; prohibiting the 3 Department of Management Services and the 4 Florida Technology Council from taking certain 5 actions with respect to the information 6 technology personnel of cabinet officers; 7 amending s. 282.102, F.S.; eliminating the 8 State Technology Office and transferring 9 responsibilities of the office to the 10 Department of Management Services; revising 11 various responsibilities relating to 12 information technology; amending ss. 282.103, 13 282.104, 282.105, 282.106, and 282.107, F.S.; 14 transferring responsibilities relating to the 15 SUNCOM Network from the State Technology Office 16 to the Department of Management Services; 17 amending ss. 282.1095 and 282.111, F.S.; 18 transferring responsibilities relating to 19 various law enforcement radio systems from the 20 office to the department; amending s. 282.20, 21 F.S.; revising the duties of the Technology 22 Resource Center; amending s. 282.21, F.S.; 23 transferring authorization to collect fees for 24 provision of remote electronic access services 25 from the office to the department; amending s. 26 282.22, F.S.; transferring responsibilities 27 relating to production, dissemination, and 28 ownership of various materials or products from 29 the office to the department; repealing s. 30 282.23, F.S., relating to the State Strategic 31 Information Technology Alliance; creating s. 2 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 282.3025, F.S.; creating the Florida Technology 2 Council within the Department of Management 3 Services; providing for the State Technology 4 Officer to head the council; requiring that the 5 council develop a statewide information 6 technology strategic plan, in consultation with 7 the Agency Chief Information Officers Council; 8 providing requirements for the plan; requiring 9 that the council assist state agencies in 10 implementing the information technology 11 portfolio management process; requiring the 12 council to provide status reports to the 13 Administration Commission; amending s. 14 282.3031, F.S.; deleting provisions assigning 15 responsibility for information resources 16 management to the State Technology Office; 17 repealing s. 282.3055, F.S., relating to 18 personnel of the State Technology Office; 19 repealing s. 282.3063, F.S., relating to the 20 Agency Annual Enterprise Resource Planning and 21 Management Report; repealing s. 282.310, F.S., 22 relating to the State Annual Report on 23 Enterprise Resource Planning and Management; 24 amending s. 282.315, F.S.; revising certain 25 duties of the Agency Chief Information Officers 26 Council; specifying an additional 27 responsibility; amending s. 282.318, F.S.; 28 transferring various responsibilities relating 29 to security of data and information technology 30 resources from the State Technology Office to 31 each agency head or the Department of 3 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 Management Services; repealing s. 282.322(2), 2 F.S., relating to information technology 3 projects identified as high-risk; amending s. 4 287.042, F.S.; transferring responsibilities 5 from the State Technology Office to the 6 Department of Management Services; deleting 7 provisions requiring consultation between the 8 department and the office; repealing s. 9 287.057(24), F.S., relating to strategic 10 information technology alliances; amending s. 11 445.049, F.S.; transferring responsibilities 12 relating to the Digital Divide Council from the 13 State Technology Office to the Department of 14 Management Services or the secretary of the 15 department; providing an appropriation and 16 authorizing positions; requiring that certain 17 notice with respect to budget actions be given 18 to the Legislative Budget Commission; providing 19 an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Information technology management.-- 24 (1) LEGISLATIVE INTENT.--It is the intent of the 25 Legislature that each state agency use a governance process 26 and structure for the management of information technology in 27 order to plan, manage, and implement its information 28 technology operations and investments and to ensure that the 29 operations and investments are aligned with the business needs 30 and policy requirements of the agency. 31 (2) DEFINITIONS.--As used in this section, the term: 4 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 (a) "Agency information technology investment 2 management" means an analytical decisionmaking process that is 3 used to systematically select and manage information 4 technology investments for the agency. The process must ensure 5 that the agency information technology portfolio is 6 implemented in a manner that is consistent with fiscal and 7 substantive policies established by the Legislature. 8 (b) "Information technology investment" means the cost 9 associated with agency resources, hardware, software, or 10 contracted services that are required to provide information 11 technology services as identified in the agency information 12 technology service catalog and to initiate approved 13 information technology projects. 14 (c) "Information technology portfolio" means the 15 information technology services and the project management 16 methodology that is used to plan, manage, and implement 17 information technology projects in order to ensure alignment 18 of information technology investments with agency business 19 needs. The term includes the analysis and proper mitigation of 20 information technology investment risks. 21 (d) "Information technology services catalog" means a 22 written statement describing each information technology 23 service that an agency invests in, manages, and uses to enable 24 day-to-day business processes. The catalog is comprised of the 25 definitions and descriptions of strategic and nonstrategic 26 information technology services. 27 (e) "Nonstrategic information technology service" 28 means a utility-type information technology service, as 29 defined in the legislative budget request instructions 30 provided for in section 216.023, Florida Statutes, which is 31 common among several agencies and which facilitates the 5 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 day-to-day agency activities. 2 (f) "Project management" means a set of disciplines 3 required for planning, organizing, managing, implementing, and 4 controlling organizational and fiscal resources in order to 5 complete specific project goals and objectives. 6 (g) "Service level agreement" means a written 7 agreement between a service provider and the agency which 8 describes each service to be provided and documents the 9 required service objectives and service levels for a service. 10 Service providers include external providers, internal 11 providers, and other agency providers. 12 (h) "Strategic information technology service" means a 13 service that directly helps the agency to fulfill its specific 14 statutory or constitutional responsibilities and policy 15 objectives and that is associated with the agency's primary or 16 core business functions. The process for identifying an 17 agency's strategic information technology services shall be 18 prescribed in the legislative budget request instructions 19 provided for in section 216.023, Florida Statutes. 20 (3) INFORMATION TECHNOLOGY GOVERNANCE PROCESS.--For 21 the purpose of establishing an information technology 22 management process that integrates the agency's fiscal and 23 programmatic activities, each agency shall implement 24 information technology portfolio management and project 25 management. 26 (a) The information technology portfolio management 27 process, as defined in this section, shall be used as the 28 primary tool to support the information technology investment 29 decisions of each agency. The project management requirements 30 for agencies may vary based on the size and nature of their 31 information technology projects. Projects that refresh desktop 6 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 units or infrastructure equipment with new technology that is 2 similar to the technology currently in use are exempt from the 3 project planning and reporting requirements in this section 4 unless otherwise specified in the General Appropriations Act. 5 1. For projects with a total cost ranging from 6 $500,000 to $1,999,999, agencies must appoint a dedicated 7 project manager to implement the agency's project management 8 methodology and ensure that needed project planning and 9 management requirements are fulfilled. 10 2. For projects with a total cost ranging from 11 $500,000 to $10 million which involve routine hardware or 12 software upgrades for a single agency, the agency must appoint 13 a project manager to implement the agency's project management 14 methodology and ensure that needed project planning and 15 management requirements are fulfilled. 16 3. For projects with a total cost ranging from $2 17 million to $10 million which will impact the general public or 18 which can change or affect an agency's organizational 19 structure, headcount, business processes, or service delivery 20 model, the agency must appoint a dedicated project manager and 21 project management team and ensure that all project management 22 provisions of this section are implemented. 23 4. For any project with a total cost greater than $10 24 million, the agency must appoint a dedicated project manager 25 and project management team and ensure that all project 26 management provisions of this section are implemented. 27 (b) The purposes of information technology portfolio 28 management are to: 29 1. Link information technology investments in the 30 agency's approved information technology services catalog to 31 agency functions, plans, goals, and objectives that justify 7 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 information technology investments on the basis of validated 2 business cases. 3 2. Establish and implement formal risk assessment and 4 risk mitigation associated with the implementation of 5 information technology projects and investments. 6 3. Identify information technology projects that span 7 multiple programs or multiple agencies in order to leverage 8 resources. 9 4. Analyze the effect of proposed new information 10 technology investments on existing infrastructure and business 11 functions. 12 (c) The information technology portfolio shall 13 include, but need not be limited to: 14 1. The agency's information technology services 15 catalog as defined in this section. 16 2. A summary statement of the agency's mission, goals, 17 and objectives for information technology which are supported 18 through the agency's information technology portfolio. 19 3. Identification of projects and resources required 20 to meet the objectives of the portfolio. 21 4. Estimated schedules and funding required to 22 implement approved information technology projects and to 23 provide information technology services identified in the 24 information technology services catalog. 25 (d) The agency shall submit its information technology 26 portfolio as part of its legislative budget request in the 27 manner and form prescribed in the legislative budget request 28 instructions as provided in section 216.023, Florida Statutes. 29 (e) The agency shall implement and administer a 30 project management methodology that: 31 1. Contains a narrative description of the project's 8 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 major business objectives to be obtained, major deliverables 2 to be produced, major milestones or activities to be 3 completed, and any significant project assumptions or 4 constraints. 5 2. Provides a summary-level description of all tasks 6 required to complete the project. 7 3. Describes the planned project schedule and 8 specifies major milestones, deliverables, tasks, and 9 activities. 10 4. Describes all estimated expenditures and baseline 11 costs expected to be incurred by the project during each 12 fiscal year. 13 5. Describes the project's organizational structure 14 and the major roles and responsibilities of project team 15 members, project sponsors, the project steering committee, and 16 user advisory groups. If the project involves multiple 17 agencies, the project organization shall include appropriate 18 representation from all affected agencies. These entities 19 together are accountable for the successful implementation of 20 the project. The roles and responsibilities for these entities 21 shall include identification and resolution of project issues 22 and assessment and mitigation of project risks. 23 6. Describes the process and procedures used to 24 identify and manage the project's risks. 25 7. Describes the processes and procedures used to 26 manage the change requirements of the project. When a project 27 exceeds its approved scope, schedule or budget by more than 25 28 percent, the agency shall prepare a project recovery plan. 29 8. Directs the project team to: 30 a. Develop a comprehensive list of issues and problems 31 requiring resolution; 9 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 b. Prepare a list that identifies all required 2 corrective actions necessary to successfully recover the 3 project; and 4 c. Prepare a fully resourced schedule that identifies 5 major milestones and deliverables needed to complete the 6 project's recovery and successfully complete the project. 7 8 Based upon analysis of the project recovery plan as provided 9 for in this subsection and all relevant project status 10 reports, if the agency determines that an information 11 technology project cannot be recovered, the agency shall 12 implement steps needed to terminate the project. Written 13 notice of the agency's intent to terminate shall be provided 14 to the Director of the Office of Policy and Budget and the 15 chairs of the legislative appropriations committees. 16 (f) Prior to proceeding with any major information 17 technology project, an agency shall submit the required 18 feasibility study documentation or other required 19 documentation as prescribed in the legislative budget request 20 instructions provided for in section 216.023, Florida 21 Statutes. 22 (4) INFORMATION TECHNOLOGY MANAGEMENT PROCESS.--The 23 agency information technology investment management process 24 shall be administered by the agency head and include executive 25 managers from across the agency's program areas. 26 Section 2. Subsections (2) and (3) of section 20.22, 27 Florida Statutes, are amended to read: 28 20.22 Department of Management Services.--There is 29 created a Department of Management Services. 30 (2) The following divisions and programs within the 31 Department of Management Services are established: 10 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 (a) Facilities Program. 2 (b) State Technology Program Office. 3 (c) Workforce Program. 4 (d)1. Support Program. 5 2. Federal Property Assistance Program. 6 (e) Administration Program. 7 (f) Division of Administrative Hearings. 8 (g) Division of Retirement. 9 (h) Division of State Group Insurance. 10 (3) The State Technology Program Office shall operate 11 and manage the Technology Resource Center. 12 Section 3. Paragraphs (e) and (w) of subsection (2) of 13 section 110.205, Florida Statutes, are repealed. 14 Section 4. Section 186.022, Florida Statutes, is 15 repealed. 16 Section 5. Pursuant to section 216.351, Florida 17 Statutes, paragraph (c) of subsection (1) of section 216.292, 18 Florida Statutes, is repealed. 19 Section 6. Section 282.0041, Florida Statutes, is 20 amended to read: 21 282.0041 Definitions.--For the purposes of this part, 22 the term: 23 (1) "Agency" means those entities described in s. 24 216.011(1)(qq). 25 (2) "Agency Annual Enterprise Resource Planning and 26 Management Report" means the report prepared by each Agency 27 Chief Information Officer as required by s. 282.3063. 28 (3) "Agency Chief Information Officer" means the 29 person appointed by the State Technology Office to coordinate 30 and manage the information technology policies and activities 31 applicable to that agency. 11 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 (2)(4) "Agency Chief Information Officers Council" 2 means the council created in s. 282.315 to facilitate the 3 sharing and coordination of information technology issues and 4 initiatives among the agencies. 5 (3) "Department" means the Department of Management 6 Services. 7 (4)(5) "Enterprise resources management 8 infrastructure" means the hardware, software, networks, data, 9 human resources, policies, standards, facilities, maintenance, 10 and related materials and services that are required to 11 support the business processes of an agency or state 12 enterprise. 13 (5)(6) "Enterprise resource planning and management" 14 means the planning, budgeting, acquiring, developing, 15 organizing, directing, training, control, and related services 16 associated with government information technology. The term 17 encompasses information and related resources, as well as the 18 controls associated with their acquisition, development, 19 dissemination, and use. 20 (6)(7) "Information technology" means equipment, 21 hardware, software, firmware, programs, systems, networks, 22 infrastructure, media, and related material used to 23 automatically, electronically, and wirelessly collect, 24 receive, access, transmit, display, store, record, retrieve, 25 analyze, evaluate, process, classify, manipulate, manage, 26 assimilate, control, communicate, exchange, convert, converge, 27 interface, switch, or disseminate information of any kind or 28 form. 29 (7)(8) "Project" means an undertaking directed at the 30 accomplishment of a strategic objective relating to enterprise 31 resources management or a specific appropriated program. 12 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 (9) "State Annual Report on Enterprise Resource 2 Planning and Management" means the report prepared by the 3 State Technology Office as defined in s. 282.102. 4 (8)(10) "Standards" means the use of current, open, 5 nonproprietary, or non-vendor-specific technologies. 6 (11) "State Technology Office" or "office" means the 7 office created in s. 282.102. 8 (9)(12) "Total cost" means all costs associated with 9 information technology projects or initiatives, including, but 10 not limited to, value of hardware, software, service, 11 maintenance, incremental personnel, and facilities. Total 12 cost of a loan or gift of information technology resources to 13 an agency includes the fair market value of the resources, 14 except that the total cost of loans or gifts of information 15 technology to state universities to be used in instruction or 16 research does not include fair market value. 17 Section 7. Section 282.005, Florida Statutes, is 18 repealed. 19 Section 8. Section 282.0055, Florida Statutes, is 20 created to read: 21 282.0055 Limitation with respect to cabinet 22 personnel.--The department and the Florida Technology Council 23 may not take any action affecting the supervision, control, 24 management, or coordination of information technology and 25 information technology personnel that any cabinet officer 26 listed in s. 4, Art. IV of the State Constitution deems 27 necessary for the exercise of his or her statutory or 28 constitutional duties. 29 Section 9. Section 282.102, Florida Statutes, is 30 amended to read: 31 282.102 Creation of the State Technology Office; 13 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 Powers and duties of the department.--There is created a State 2 Technology Office within The powers and duties of the 3 department include of Management Services. The office shall be 4 a separate budget entity, and shall be headed by a Chief 5 Information Officer who is appointed by the Governor and is in 6 the Senior Management Service. The Chief Information Officer 7 shall be an agency head for all purposes. The Department of 8 Management Services shall provide administrative support and 9 service to the office to the extent requested by the Chief 10 Information Officer. The office may adopt policies and 11 procedures regarding personnel, procurement, and transactions 12 for State Technology Office personnel. The office shall have 13 the following powers, duties, and functions: 14 (1) To publish electronically the portfolio of 15 services available from the office, including pricing 16 information; the policies and procedures of the office 17 governing usage of available services; and a forecast of the 18 priorities and initiatives for the state communications system 19 for the ensuing 2 years. 20 (2) To adopt rules implementing policies and 21 procedures providing best practices to be followed by agencies 22 in acquiring, using, upgrading, modifying, replacing, or 23 disposing of information technology. 24 (3) To perform, in consultation with an agency, the 25 enterprise resource planning and management for the agency. 26 (4) To advise and render aid to state agencies and 27 political subdivisions of the state as to systems or methods 28 to be used for organizing and meeting information technology 29 requirements efficiently and effectively. 30 (5) To integrate the information technology systems 31 and services of state agencies. 14 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 (6) To adopt technical standards for the state 2 information technology system which will assure the 3 interconnection of computer networks and information systems 4 of agencies. 5 (7) To assume management responsibility for any 6 integrated information technology system or service when 7 determined by the office to be economically efficient or 8 performance-effective. 9 (2)(8) To enter into service-level agreements related 10 to information technology with state agencies and political 11 subdivisions of the state for use of the Technology Resource 12 Center. 13 (9) To use and acquire, with agency concurrence, 14 information technology now owned or operated by any agency. 15 (3)(10) To purchase from or contract with information 16 technology providers for information technology, including 17 private line services. 18 (4)(11) To apply for, receive, and hold, and to assist 19 agencies in applying for, receiving, or holding, such 20 authorizations, patents, copyrights, trademarks, service 21 marks, licenses, and allocations or channels and frequencies 22 to carry out the purposes of this part. 23 (5)(12) To purchase, lease, or otherwise acquire and 24 to hold, sell, transfer, license, or otherwise dispose of 25 real, personal, and intellectual property, including, but not 26 limited to, patents, trademarks, copyrights, and service 27 marks. 28 (6)(13) To cooperate with any federal, state, or local 29 emergency management agency in providing for emergency 30 communications services. 31 (7)(14) To delegate, as necessary, to state agencies 15 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 the authority to purchase, lease, or otherwise acquire and to 2 use information technology or, as necessary, to control and 3 approve the purchase, lease, or acquisition and the use of all 4 information technology, including, but not limited to, 5 communications services provided as part of any other total 6 system to be used by the state or any of its agencies. 7 (8)(15) To acquire ownership, possession, custody, and 8 control of existing communications equipment and facilities, 9 including all right, title, interest, and equity therein, as 10 necessary, to carry out the purposes of this part. However, 11 the provisions of this subsection shall in no way affect the 12 rights, title, interest, or equity in any such equipment or 13 facilities owned by, or leased to, the state or any state 14 agency by any telecommunications company. 15 (9)(16) To adopt rules pursuant to ss. 120.536(1) and 16 120.54 relating to information technology and to administer 17 the provisions of this part. 18 (10)(17) To provide a means whereby political 19 subdivisions of the state may use state information technology 20 systems upon such terms and under such conditions as the 21 department office may establish. 22 (11)(18) To apply for and accept federal funds for any 23 of the purposes of this part as well as gifts and donations 24 from individuals, foundations, and private organizations. 25 (12)(19) To monitor issues relating to communications 26 facilities and services before the Florida Public Service 27 Commission and, when necessary, prepare position papers, 28 prepare testimony, appear as a witness, and retain witnesses 29 on behalf of state agencies in proceedings before the 30 commission. 31 (13)(20) Unless delegated to the agencies by the 16 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 department Chief Information Officer, to manage and control, 2 but not intercept or interpret, communications within the 3 SUNCOM Network by: 4 (a) Establishing technical standards to physically 5 interface with the SUNCOM Network. 6 (b) Specifying how communications are transmitted 7 within the SUNCOM Network. 8 (c) Controlling the routing of communications within 9 the SUNCOM Network. 10 (d) Establishing standards, policies, and procedures 11 for access to the SUNCOM Network. 12 (e) Ensuring orderly and reliable communications 13 services in accordance with the service level agreements 14 executed with state agencies. 15 (14)(21) To plan, design, and conduct experiments for 16 information technology services, equipment, and technologies, 17 and to implement enhancements in the state information 18 technology system when in the public interest and 19 cost-effective. Funding for such experiments shall be derived 20 from SUNCOM Network service revenues and shall not exceed 2 21 percent of the annual budget for the SUNCOM Network for any 22 fiscal year or as provided in the General Appropriations Act. 23 New services offered as a result of this subsection shall not 24 affect existing rates for facilities or services. 25 (15)(22) To enter into contracts or agreements, with 26 or without competitive bidding or procurement, to make 27 available, on a fair, reasonable, and nondiscriminatory basis, 28 property and other structures under office control for the 29 placement of new facilities by any wireless provider of mobile 30 service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any 31 telecommunications company as defined in s. 364.02 when it is 17 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 determined to be practical and feasible to make such property 2 or other structures available. The department office may, 3 without adopting a rule, charge a just, reasonable, and 4 nondiscriminatory fee for the placement of the facilities, 5 payable annually, based on the fair market value of space used 6 by comparable communications facilities in the state. The 7 department office and a wireless provider or 8 telecommunications company may negotiate the reduction or 9 elimination of a fee in consideration of services provided to 10 the department office by the wireless provider or 11 telecommunications company. All such fees collected by the 12 department office shall be deposited directly into the Law 13 Enforcement Radio Operating Trust Fund, and may be used by the 14 department office to construct, maintain, or support the 15 system. 16 (16)(23) To provide an integrated electronic system 17 for deploying government products, services, and information 18 to individuals and businesses which reflects cost-effective 19 deployment strategies in keeping with industry standards and 20 practices and includes protections and security of private 21 information, as well as maintenance of public records. 22 (a) The integrated electronic system shall reflect 23 cost-effective deployment strategies in keeping with industry 24 standards and practices, including protections and security of 25 private information as well as maintenance of public records. 26 (b) The office shall provide a method for assessing 27 fiscal accountability for the integrated electronic system and 28 shall establish the organizational structure required to 29 implement this system. 30 (24) To provide administrative support to the Agency 31 Chief Information Officers Council and other workgroups 18 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 created by the Chief Information Officer. 2 (25) To facilitate state information technology 3 education and training for senior management and other agency 4 staff. 5 (26) To prepare, on behalf of the Executive Office of 6 the Governor, memoranda on recommended guidelines and best 7 practices for information resources management, when 8 requested. 9 (27) To prepare, publish, and disseminate the State 10 Annual Report on Enterprise Resource Planning and Management 11 under s. 282.310. 12 (28) To study and make a recommendation to the 13 Governor and Legislature on the feasibility of implementing 14 online voting in this state. 15 (29) To facilitate the development of a network access 16 point in this state, as needed. 17 (17)(30) To designate a State Chief Privacy Officer 18 who shall be responsible for the continual review of policies, 19 laws, rules, and practices of state agencies which may affect 20 the privacy concerns of state residents. 21 Section 10. Section 282.103, Florida Statutes, is 22 amended to read: 23 282.103 SUNCOM Network; exemptions from the required 24 use.-- 25 (1) There is created within the department State 26 Technology Office the SUNCOM Network, which shall be developed 27 to serve as the state communications system for providing 28 local and long-distance communications services to state 29 agencies, political subdivisions of the state, municipalities, 30 state universities, and nonprofit corporations pursuant to ss. 31 282.101-282.111. The SUNCOM Network shall be developed to 19 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 transmit all types of communications signals, including, but 2 not limited to, voice, data, video, image, and radio. State 3 agencies shall cooperate and assist in the development and 4 joint use of communications systems and services. 5 (2) The department State Technology Office shall 6 design, engineer, implement, manage, and operate through state 7 ownership, commercial leasing, or some combination thereof, 8 the facilities and equipment providing SUNCOM Network 9 services, and shall develop a system of equitable billings and 10 charges for communication services. 11 (3) All state agencies and state universities are 12 required to use the SUNCOM Network for agency and state 13 university communications services as the services become 14 available; however, no agency or university is relieved of 15 responsibility for maintaining communications services 16 necessary for effective management of its programs and 17 functions. If a SUNCOM Network service does not meet the 18 communications requirements of an agency or university, the 19 agency or university shall notify the department State 20 Technology Office in writing and detail the requirements for 21 that communications service. If the department office is 22 unable to meet an agency's or university's requirements by 23 enhancing SUNCOM Network service, the department office may 24 grant the agency or university an exemption from the required 25 use of specified SUNCOM Network services. 26 Section 11. Section 282.104, Florida Statutes, is 27 amended to read: 28 282.104 Use of state SUNCOM Network by 29 municipalities.--Any municipality may request the department 30 State Technology Office to provide any or all of the SUNCOM 31 Network's portfolio of communications services upon such terms 20 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 and under such conditions as the department office may 2 establish. The requesting municipality shall pay its share of 3 installation and recurring costs according to the published 4 rates for SUNCOM Network services and as invoiced by the 5 department office. Such municipality shall also pay for any 6 requested modifications to existing SUNCOM Network services, 7 if any charges apply. 8 Section 12. Subsections (1) and (4) of section 9 282.105, Florida Statutes, are amended to read: 10 282.105 Use of state SUNCOM Network by nonprofit 11 corporations.-- 12 (1) The department State Technology Office shall 13 provide a means whereby private nonprofit corporations under 14 contract with state agencies or political subdivisions of the 15 state may use the state SUNCOM Network, subject to the 16 limitations in this section. In order to qualify to use the 17 state SUNCOM Network, a nonprofit corporation shall: 18 (a) Expend the majority of its total direct revenues 19 for the provision of contractual services to the state, a 20 municipality, or a political subdivision of the state; and 21 (b) Receive only a small portion of its total revenues 22 from any source other than a state agency, a municipality, or 23 a political subdivision of the state during the period of time 24 SUNCOM Network services are requested. 25 (4) Institutions qualified to participate in the 26 William L. Boyd, IV, Florida Resident Access Grant Program 27 pursuant to s. 1009.89 shall be eligible to use the state 28 SUNCOM Network, subject to the terms and conditions of the 29 department office. Such entities shall not be required to 30 satisfy the other criteria of this section. 31 Section 13. Section 282.106, Florida Statutes, is 21 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 amended to read: 2 282.106 Use of SUNCOM Network by libraries.--The 3 department State Technology Office may provide SUNCOM Network 4 services to any library in the state, including libraries in 5 public schools, community colleges, state universities, and 6 nonprofit private postsecondary educational institutions, and 7 libraries owned and operated by municipalities and political 8 subdivisions. 9 Section 14. Subsections (1) and (2) of section 10 282.107, Florida Statutes, are amended to read: 11 282.107 SUNCOM Network; criteria for usage.-- 12 (1) The department State Technology Office shall 13 periodically review the qualifications of subscribers using 14 the state SUNCOM Network and shall terminate services provided 15 to any facility not qualified pursuant to ss. 282.101-282.111 16 or rules adopted hereunder. In the event of nonpayment of 17 invoices by subscribers whose SUNCOM Network invoices are paid 18 from sources other than legislative appropriations, such 19 nonpayment represents good and sufficient reason to terminate 20 service. 21 (2) The department State Technology Office shall adopt 22 rules setting forth its procedures for withdrawing and 23 restoring authorization to use the state SUNCOM Network. Such 24 rules shall provide a minimum of 30 days' notice to affected 25 parties prior to termination of voice communications service. 26 Section 15. Subsections (1), (3), (4), (5), and (6) of 27 section 282.1095, Florida Statutes, and paragraphs (f), (g), 28 and (h) of subsection (2) of that section, are amended to 29 read: 30 282.1095 State agency law enforcement radio system and 31 interoperability network.-- 22 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 (1) The department State Technology Office may acquire 2 and implement a statewide radio communications system to serve 3 law enforcement units of state agencies, and to serve local 4 law enforcement agencies through mutual aid channels. The 5 Joint Task Force on State Agency Law Enforcement 6 Communications is established in the department State 7 Technology Office to advise the department office of 8 member-agency needs for the planning, designing, and 9 establishment of the joint system. The State Agency Law 10 Enforcement Radio System Trust Fund is established in the 11 department State Technology Office. The trust fund shall be 12 funded from surcharges collected under ss. 320.0802 and 13 328.72. 14 (2) 15 (f) The department State Technology Office is hereby 16 authorized to rent or lease space on any tower under its 17 control. The department office may also rent, lease, or 18 sublease ground space as necessary to locate equipment to 19 support antennae on the towers. The costs for use of such 20 space shall be established by the office for each site, when 21 it is determined to be practicable and feasible to make space 22 available. The department office may refuse to lease space on 23 any tower at any site. All moneys collected by the department 24 office for such rents, leases, and subleases shall be 25 deposited directly into the Law Enforcement Radio Operating 26 Trust Fund and may be used by the department office to 27 construct, maintain, or support the system. 28 (g) The department State Technology Office is hereby 29 authorized to rent, lease, or sublease ground space on lands 30 acquired by the department office for the construction of 31 privately owned or publicly owned towers. The department 23 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 office may, as a part of such rental, lease, or sublease 2 agreement, require space on said tower or towers for antennae 3 as may be necessary for the construction and operation of the 4 state agency law enforcement radio system or any other state 5 need. The positions necessary for the department office to 6 accomplish its duties under this paragraph and paragraph (f) 7 shall be established in the General Appropriations Act and 8 shall be funded by the Law Enforcement Radio Operating Trust 9 Fund or other revenue sources. 10 (h) The department State Technology Office may make 11 the mutual aid channels in the statewide radio communications 12 system available to federal agencies, state agencies, and 13 agencies of the political subdivisions of the state for the 14 purpose of public safety and domestic security. The department 15 office shall exercise its powers and duties, as specified in 16 this chapter, to plan, manage, and administer the mutual aid 17 channels. The department office shall, in implementing such 18 powers and duties, act in consultation and conjunction with 19 the Department of Law Enforcement and the Division of 20 Emergency Management of the Department of Community Affairs, 21 and shall manage and administer the mutual aid channels in a 22 manner that reasonably addresses the needs and concerns of the 23 involved law enforcement agencies and emergency response 24 agencies and entities. 25 (3) Upon appropriation, moneys in the trust fund may 26 be used by the department office to acquire by competitive 27 procurement the equipment; software; and engineering, 28 administrative, and maintenance services it needs to 29 construct, operate, and maintain the statewide radio system. 30 Moneys in the trust fund collected as a result of the 31 surcharges set forth in ss. 320.0802 and 328.72 shall be used 24 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 to help fund the costs of the system. Upon completion of the 2 system, moneys in the trust fund may also be used by the 3 department office to provide for payment of the recurring 4 maintenance costs of the system. 5 (4)(a) The department office shall, in conjunction 6 with the Department of Law Enforcement and the Division of 7 Emergency Management of the Department of Community Affairs, 8 establish policies, procedures, and standards which shall be 9 incorporated into a comprehensive management plan for the use 10 and operation of the statewide radio communications system. 11 (b) The joint task force, in consultation with the 12 department office, shall have the authority to permit other 13 state agencies to use the communications system, under terms 14 and conditions established by the joint task force. 15 (5) The department office shall provide technical 16 support to the joint task force and shall bear the overall 17 responsibility for the design, engineering, acquisition, and 18 implementation of the statewide radio communications system 19 and for ensuring the proper operation and maintenance of all 20 system common equipment. 21 (6)(a) The department State Technology Office may 22 create and implement an interoperability network to enable 23 interoperability between various radio communications 24 technologies and to serve federal agencies, state agencies, 25 and agencies of political subdivisions of the state for the 26 purpose of public safety and domestic security. The department 27 office shall, in conjunction with the Department of Law 28 Enforcement and the Division of Emergency Management of the 29 Department of Community Affairs, exercise its powers and 30 duties pursuant to this chapter to plan, manage, and 31 administer the interoperability network. The department office 25 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 may: 2 1. Enter into mutual aid agreements among federal 3 agencies, state agencies, and political subdivisions of the 4 state for the use of the interoperability network. 5 2. Establish the cost of maintenance and operation of 6 the interoperability network and charge subscribing federal 7 and local law enforcement agencies for access and use of the 8 network. The department State Technology Office may not charge 9 state law enforcement agencies identified in paragraph (2)(a) 10 to use the network. 11 3. In consultation with the Department of Law 12 Enforcement and the Division of Emergency Management of the 13 Department of Community Affairs, amend and enhance the 14 statewide radio communications system as necessary to 15 implement the interoperability network. 16 (b) The department State Technology Office, in 17 consultation with the Joint Task Force on State Agency Law 18 Enforcement Communications, and in conjunction with the 19 Department of Law Enforcement and the Division of Emergency 20 Management of the Department of Community Affairs, shall 21 establish policies, procedures, and standards to incorporate 22 into a comprehensive management plan for the use and operation 23 of the interoperability network. 24 Section 16. Section 282.111, Florida Statutes, is 25 amended to read: 26 282.111 Statewide system of regional law enforcement 27 communications.-- 28 (1) It is the intent and purpose of the Legislature 29 that a statewide system of regional law enforcement 30 communications be developed whereby maximum efficiency in the 31 use of existing radio channels is achieved in order to deal 26 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 more effectively with the apprehension of criminals and the 2 prevention of crime generally. To this end, all law 3 enforcement agencies within the state are directed to provide 4 the department State Technology Office with any information 5 the department office requests for the purpose of implementing 6 the provisions of subsection (2). 7 (2) The department State Technology Office is hereby 8 authorized and directed to develop and maintain a statewide 9 system of regional law enforcement communications. In 10 formulating such a system, the department office shall divide 11 the state into appropriate regions and shall develop a program 12 which shall include, but not be limited to, the following 13 provisions: 14 (a) The communications requirements for each county 15 and municipality comprising the region. 16 (b) An interagency communications provision which 17 shall depict the communication interfaces between municipal, 18 county, and state law enforcement entities which operate 19 within the region. 20 (c) Frequency allocation and use provision which shall 21 include, on an entity basis, each assigned and planned radio 22 channel and the type of operation, simplex, duplex, or 23 half-duplex, on each channel. 24 (3) The department office shall adopt any necessary 25 rules and regulations for implementing and coordinating the 26 statewide system of regional law enforcement communications. 27 (4) The secretary Chief Information Officer of the 28 department State Technology Office or his or her designee is 29 designated as the director of the statewide system of regional 30 law enforcement communications and, for the purpose of 31 carrying out the provisions of this section, is authorized to 27 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 coordinate the activities of the system with other interested 2 state agencies and local law enforcement agencies. 3 (5) No law enforcement communications system shall be 4 established or present system expanded without the prior 5 approval of the department State Technology Office. 6 (6) Within the limits of its capability, the 7 Department of Law Enforcement is encouraged to assist lend 8 assistance to the department State Technology Office in the 9 development of the statewide system of regional law 10 enforcement communications proposed by this section. 11 Section 17. Section 282.20, Florida Statutes, is 12 amended to read: 13 282.20 Technology Resource Center.-- 14 (1)(a) The department State Technology Office shall 15 operate and manage the Technology Resource Center. 16 (b) For the purposes of this section, the term: 17 1. "Information-system utility" means a full-service 18 information-processing facility offering hardware, software, 19 operations, integration, networking, and consulting services. 20 2. "Customer" means a state agency or other entity 21 which is authorized to use utilize the SUNCOM Network pursuant 22 to this part. 23 (2) The Technology Resource Center shall: 24 (a) Serve the office and other customers as an 25 information-system utility. 26 (b) Cooperate with customers to offer, develop, and 27 support a wide range of services and applications needed by 28 users of the Technology Resource Center. 29 (c) Cooperate with the Florida Legal Resource Center 30 of the Department of Legal Affairs and other state agencies to 31 develop and provide access to repositories of legal 28 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 information throughout the state. 2 (d) Cooperate with the office to Facilitate 3 interdepartmental networking and integration of network 4 services for its customers. 5 (e) Assist customers in testing and evaluating new and 6 emerging technologies that could be used to meet the needs of 7 the state. 8 (3) The department office may contract with customers 9 to provide any combination of services necessary for agencies 10 to fulfill their responsibilities and to serve their users. 11 (4) The Technology Resource Center may plan, design, 12 establish pilot projects for, and conduct experiments with 13 information technology resources, and may implement 14 enhancements in services when such implementation is 15 cost-effective. Funding for experiments and pilot projects 16 shall be derived from service revenues and may not exceed 5 17 percent of the service revenues for the Technology Resource 18 Center for any single fiscal year. Any experiment, pilot 19 project, plan, or design must be approved by the Chief 20 Information Officer. 21 (5) Notwithstanding the provisions of s. 216.272, the 22 Technology Resource Center may spend funds in the reserve 23 account of the Technology Enterprise Operating Trust Fund for 24 enhancements to center operations or for information 25 technology resources. Any expenditure of reserve account funds 26 must be approved by the Chief Information Officer. Any funds 27 remaining in the reserve account at the end of the fiscal year 28 may be carried forward and spent as approved by the Chief 29 Information Officer, provided that such approval conforms to 30 any applicable provisions of chapter 216. 31 Section 18. Section 282.21, Florida Statutes, is 29 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 amended to read: 2 282.21 The State Technology Office's Electronic access 3 services of the department.--The department State Technology 4 Office may collect fees for providing remote electronic access 5 pursuant to s. 119.07(2). The fees may be imposed on 6 individual transactions or as a fixed subscription for a 7 designated period of time. All fees collected under this 8 section shall be deposited in the appropriate trust fund of 9 the program or activity that made the remote electronic access 10 available. 11 Section 19. Section 282.22, Florida Statutes, is 12 amended to read: 13 282.22 State Technology Office; Production, 14 dissemination, and ownership of materials and products.-- 15 (1) It is the intent of the Legislature that when 16 materials, products, information, and services are acquired or 17 developed by or under the direction of the department State 18 Technology Office, through research and development or other 19 efforts, including those subject to copyright, patent, or 20 trademark, they shall be made available for use by state and 21 local government entities at the earliest practicable date and 22 in the most economical and efficient manner possible and 23 consistent with chapter 119. 24 (2) To accomplish this objective the department may 25 office is authorized to publish or partner with private sector 26 entities to produce or have produced materials and products 27 and to make them readily available for appropriate use. The 28 department may office is authorized to charge an amount or 29 receive value-added services adequate to cover the essential 30 cost of producing and disseminating such materials, 31 information, services, or products and may is authorized to 30 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 sell services. 2 (3) If In cases in which the materials or products are 3 of such nature, or the circumstances are such, that it is not 4 practicable or feasible for the department office to produce 5 or have produced materials and products so developed, the 6 department may it is authorized, after review and approval by 7 the Executive Office of the Governor, to license, lease, 8 assign, sell, or otherwise give written consent to any person, 9 firm, or corporation for the manufacture or use thereof, on a 10 royalty basis, or for such other consideration as the 11 department deems office shall deem proper and in the best 12 interest of the state; the department shall office is 13 authorized and directed to protect same against improper or 14 unlawful use or infringement and to enforce the collection of 15 any sums due for the manufacture or use thereof by any other 16 party. 17 (4) All proceeds from the sale of such materials and 18 products or other money collected pursuant to this section 19 shall be deposited into the Grants and Donations Trust Fund of 20 the department office and, when properly budgeted as approved 21 by the Legislature and the Executive Office of the Governor, 22 used to pay the cost of producing and disseminating materials 23 and products to carry out the intent of this section. 24 Section 20. Section 282.23, Florida Statutes, is 25 repealed. 26 Section 21. Section 282.3025, Florida Statutes, is 27 created to read: 28 282.3025 Florida Technology Council; duties and 29 functions.-- 30 (1) There is created the Florida Technology Council 31 within the Department of Management Services. The council 31 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 shall be headed by the State Technology Officer who is 2 appointed by and reports to the Administration Commission. The 3 Department of Management Services shall provide administrative 4 support and services to the council. 5 (2) The council shall have the following duties and 6 functions: 7 (a) Develop and submit to the Administration 8 Commission by January 15, 2006, a Statewide Information 9 Technology Strategic Plan consistent with the provisions of 10 sections 216.023 and 282.3032, Florida Statutes, in 11 consultation with the Agency Chief Information Officers 12 Council. The plan must describe how the state should align its 13 information technology resources and assets to an enterprise 14 perspective that will allow the state to focus its investments 15 on those information technology initiatives that will enable 16 significant improvements in statewide service delivery and 17 business operations. The plan must include, but need not be 18 limited to, a description of how the state can deploy 19 information technology that will: 20 1. Make state governmental information and services 21 more accessible to residents and the state's clients; 22 2. Implement common business applications and systems 23 to improve governmental efficiency and cost-effectiveness; and 24 3. Lower costs and improve the security and 25 performance of the state's information technology 26 infrastructure. 27 28 The council shall identify actions required to implement the 29 plan and improve the application of information technology 30 across state government. 31 (b) Provide assistance to state agencies in 32 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 implementing the information technology portfolio management 2 process and the project planning and management requirements 3 as required by section 1 of this act. The council shall 4 provide quarterly status reports to the Administration 5 Commission detailing the status of each agency's compliance 6 with section 1 of this act. 7 Section 22. Section 282.3031, Florida Statutes, is 8 amended to read: 9 282.3031 Assignment of information resources 10 management responsibilities.--For purposes of ss. 11 282.303-282.322, to ensure the best management of state 12 information technology resources, and notwithstanding other 13 provisions of law to the contrary, the functions of 14 information resources management are assigned to the 15 university boards of trustees for the development and 16 implementation of planning, management, rulemaking, standards, 17 and guidelines for the state universities; to the community 18 college boards of trustees for establishing and developing 19 rules for the community colleges; to the Supreme Court for the 20 judicial branch; and to each state attorney and public 21 defender; and to the State Technology Office for the agencies 22 within the executive branch of state government. 23 Section 23. Section 282.3055, Florida Statutes, is 24 repealed. 25 Section 24. Section 282.3063, Florida Statutes, is 26 repealed. 27 Section 25. Section 282.310, Florida Statutes, is 28 repealed. 29 Section 26. Subsections (1) and (3) of section 30 282.315, Florida Statutes, are amended to read: 31 282.315 Agency Chief Information Officers Council; 33 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 creation.--The Legislature finds that enhancing communication, 2 consensus building, coordination, and facilitation of 3 statewide enterprise resource planning and management issues 4 is essential to improving state management of such resources. 5 (1) There is created an Agency Chief Information 6 Officers Council to: 7 (a) Enhance communication among the Agency Chief 8 Information Officers by sharing enterprise resource planning 9 and management experiences and exchanging ideas. 10 (b) Facilitate the sharing of best practices that are 11 characteristic of highly successful technology organizations, 12 as well as exemplary information technology applications of 13 state agencies. 14 (c) Identify efficiency opportunities among state 15 agencies. 16 (d) Serve as an educational forum for enterprise 17 resource planning and management issues. 18 (e) Assist the Florida Technology Council State 19 Technology Office in identifying critical statewide issues 20 and, when appropriate, make recommendations for solving 21 enterprise resource planning and management deficiencies which 22 would improve delivery of information technology services in 23 the state. 24 (3) The State Technology Office shall provide 25 administrative support to the council. 26 Section 27. Subsection (2) of section 282.318, Florida 27 Statutes, is amended to read: 28 282.318 Security of data and information technology 29 resources.-- 30 (2)(a) Each agency head The State Technology Office, 31 in consultation with the Department of Law Enforcement each 34 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 agency head, is responsible and accountable for assuring an 2 adequate level of security for all data and information 3 technology resources of each agency and, to carry out this 4 responsibility, shall, at a minimum: 5 1. Designate an information security manager who shall 6 administer the security program of each agency for its data 7 and information technology resources. 8 2. Conduct, and periodically update, a comprehensive 9 risk analysis to determine the security threats to the data 10 and information technology resources of each agency. The risk 11 analysis information is confidential and exempt from the 12 provisions of s. 119.07(1), except that such information shall 13 be available to the Auditor General in performing his or her 14 postauditing duties. 15 3. Develop, and periodically update, written internal 16 policies and procedures to assure the security of the data and 17 information technology resources of each agency. The internal 18 policies and procedures which, if disclosed, could facilitate 19 the unauthorized modification, disclosure, or destruction of 20 data or information technology resources are confidential 21 information and exempt from the provisions of s. 119.07(1), 22 except that such information shall be available to the Auditor 23 General in performing his or her postauditing duties. 24 4. Implement appropriate cost-effective safeguards to 25 reduce, eliminate, or recover from the identified risks to the 26 data and information technology resources of each agency. 27 5. Ensure that periodic internal audits and 28 evaluations of each security program for the data and 29 information technology resources of the agency are conducted. 30 The results of such internal audits and evaluations are 31 confidential information and exempt from the provisions of s. 35 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 119.07(1), except that such information shall be available to 2 the Auditor General in performing his or her postauditing 3 duties. 4 6. Include appropriate security requirements, as 5 determined by the agency State Technology Office, in 6 consultation with the Department of Law Enforcement each 7 agency head, in the written specifications for the 8 solicitation of information technology resources. 9 (b) In those instances in which the department State 10 Technology Office develops state contracts for use by state 11 agencies, the department office shall include appropriate 12 security requirements in the specifications for the 13 solicitation for state contracts for procuring information 14 technology resources. 15 Section 28. Subsection (2) of section 282.322, Florida 16 Statutes, is repealed. 17 Section 29. Paragraph (b) of subsection (4), paragraph 18 (a) of subsection (15), and subsection (16) of section 19 287.042, Florida Statutes, are amended to read: 20 287.042 Powers, duties, and functions.--The department 21 shall have the following powers, duties, and functions: 22 (4) 23 (b) To prescribe, in consultation with the State 24 Technology Office, procedures for procuring information 25 technology and information technology consultant services 26 which provide for public announcement and qualification, 27 competitive solicitations, contract award, and prohibition 28 against contingent fees. Such procedures must shall be limited 29 to information technology consultant contracts for which the 30 total project costs, or planning or study activities, are 31 estimated to exceed the threshold amount provided for in s. 36 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 287.017, for CATEGORY TWO. 2 (15)(a) To enter into joint agreements with 3 governmental agencies, as defined in s. 163.3164(10), for the 4 purpose of pooling funds for the purchase of commodities or 5 information technology that can be used by multiple agencies. 6 However, the department shall consult with the State 7 Technology Office on joint agreements that involve the 8 purchase of information technology. Agencies entering into 9 joint purchasing agreements with the department or the State 10 Technology Office shall authorize the department or the State 11 Technology Office to contract for such purchases on their 12 behalf. 13 (16)(a) To evaluate contracts let by the Federal 14 Government, another state, or a political subdivision for the 15 provision of commodities and contract services, and, when it 16 is determined in writing to be cost-effective and in the best 17 interest of the state, to enter into a written agreement 18 authorizing an agency to make purchases under a contract 19 approved by the department and let by the Federal Government, 20 another state, or a political subdivision. 21 (b) For contracts pertaining to the provision of 22 information technology, the State Technology Office, in 23 consultation with the department, shall assess the 24 technological needs of a particular agency, evaluate the 25 contracts, and determine whether to enter into a written 26 agreement with the letting federal, state, or political 27 subdivision body to provide information technology for a 28 particular agency. 29 Section 30. Subsection (24) of section 287.057, 30 Florida Statutes, is repealed. 31 Section 31. Subsections (2), (5), (6), and (9) of 37 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 section 445.049, Florida Statutes, are amended to read: 2 445.049 Digital Divide Council.-- 3 (2) DIGITAL DIVIDE COUNCIL.--The Digital Divide 4 Council is created in the Department of Management Services 5 State Technology Office. The council shall consist of: 6 (a) The Secretary of Management Services or his or her 7 designee chief information officer in the State Technology 8 Office. 9 (b) The director of the Office of Tourism, Trade, and 10 Economic Development in the Executive Office of the Governor. 11 (c) The president of Workforce Florida, Inc. 12 (d) The director of the Agency for Workforce 13 Innovation. 14 (e) The chair of itflorida.com, Inc. 15 (f) The Commissioner of Education. 16 (g) The chair of the Network Access Point of the 17 Americas. 18 (h) A representative of the information technology 19 industry in this state appointed by the Speaker of the House 20 of Representatives. 21 (i) A representative of the information technology 22 industry in this state appointed by the President of the 23 Senate. 24 (j) Two members of the House of Representatives, who 25 shall be ex officio, nonvoting members of the council, 26 appointed by the Speaker of the House of Representatives, one 27 of whom shall be a member of the Republican Caucus and the 28 other of whom shall be a member of the Democratic Caucus. 29 (k) Two members of the Senate, who shall be ex 30 officio, nonvoting members of the council, appointed by the 31 President of the Senate, one of whom shall be a member of the 38 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 Republican Caucus and the other of whom shall be a member of 2 the Democratic Caucus. 3 (5) ADMINISTRATIVE AND TECHNICAL SUPPORT; PAYMENT OF 4 SUPPORT COSTS.--The Department of Management Services State 5 Technology Office shall provide such administrative and 6 technical support to the council as is reasonably necessary 7 for the council to effectively and timely carry out its duties 8 and responsibilities. All direct and indirect costs of 9 providing such support and performing the other duties 10 assigned to the Department of Management Services State 11 Technology Office related to design and implementation of the 12 programs authorized by this section may be paid from 13 appropriations authorized to be used for such purposes. 14 (6) POWERS AND DUTIES OF COUNCIL.--The council, 15 through the Department of Management Services State Technology 16 Office, is authorized and empowered to facilitate the design 17 and implementation of programs that are aimed at achieving the 18 objectives and goals stated in this section. The Department of 19 Management Services State Technology Office shall present and 20 demonstrate to the council the design characteristics and 21 functional elements of each program proposed to be implemented 22 to achieve the objectives and goals stated in this section and 23 each such program shall be reviewed and approved by the 24 council before being implemented. Such programs shall 25 initially be implemented as pilot programs in a minimum of six 26 different areas of the state to develop model programs that 27 are likely to be successful if implemented throughout the 28 state. The areas of the state where the pilot programs are 29 implemented shall be selected by the council with the 30 objectives of testing the merits of the programs in each 31 geographic region of the state and providing equal exposure of 39 3:39 PM 04/01/05 s1494c1p-ga00-j03
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1494 Barcode 590398 1 the programs to urban and rural communities alike. 2 Implementation of all such pilot and model programs shall be 3 administered by and through the local workforce development 4 boards and each such board shall coordinate and confirm the 5 ready availability and timely delivery of all elements of such 6 programs to ensure the highest probability of such programs 7 achieving their intended results. 8 (9) ANNUAL REPORT.--By March 1 each year, 2002, the 9 council, through the Department of Management Services State 10 Technology Office, shall report to the Executive Office of the 11 Governor, the Speaker of the House of Representatives, and the 12 President of the Senate the results of the council's 13 monitoring, reviewing, and evaluating such programs since 14 their inception and the council's recommendations as to 15 whether such programs should be continued and expanded to 16 achieve the objectives and goals stated in this section. 17 Section 32. For the 2005-2006 fiscal year, the sum of 18 $1.2 million in recurring funds is appropriated from the 19 General Revenue Fund and ten positions are authorized to the 20 Florida Technology Council to provide for personnel and other 21 expenses necessary to implement the council's responsibilities 22 pursuant to this act. Budget actions taken pursuant to this 23 section are subject to section 216.177, Florida Statutes, and 24 at least 14 days' notice shall be given to the chair and vice 25 chair of the Legislative Budget Commission. 26 Section 33. This act shall take effect July 1, 2005. 27 28 29 30 31 40 3:39 PM 04/01/05 s1494c1p-ga00-j03
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