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Senate Bill 1494

Senate Bill sb1494c2

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    Florida Senate - 2005                    CS for CS for SB 1494

    By the Committees on General Government Appropriations;
    Governmental Oversight and Productivity; and Senator
    Argenziano



    601-1844C-05

  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

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 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.

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 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

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 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

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 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  

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 1  common among several agencies and which facilitates the

 2  day-to-day agency activities.

 3         (f)  "Project management" means a set of disciplines

 4  required for planning, organizing, managing, implementing, and

 5  controlling organizational and fiscal resources in order to

 6  complete specific project goals and objectives.

 7         (g)  "Service level agreement" means a written

 8  agreement between a service provider and the agency which

 9  describes each service to be provided and documents the

10  required service objectives and service levels for a service.

11  Service providers include external providers, internal

12  providers, and other agency providers.

13         (h)  "Strategic information technology service" means a

14  service that directly helps the agency to fulfill its specific

15  statutory or constitutional responsibilities and policy

16  objectives and that is associated with the agency's primary or

17  core business functions. The process for identifying an

18  agency's strategic information technology services shall be

19  prescribed in the legislative budget request instructions

20  provided for in section 216.023, Florida Statutes.

21         (3)  INFORMATION TECHNOLOGY GOVERNANCE PROCESS.--For

22  the purpose of establishing an information technology

23  management process that integrates the agency's fiscal and

24  programmatic activities, each agency shall implement

25  information technology portfolio management and project

26  management.

27         (a)  The information technology portfolio management

28  process, as defined in this section, shall be used as the

29  primary tool to support the information technology investment

30  decisions of each agency. The project management requirements

31  for agencies may vary based on the size and nature of their

                                  6

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 1  information technology projects. Projects that refresh desktop

 2  units or infrastructure equipment with new technology that is

 3  similar to the technology currently in use are exempt from the

 4  project planning and reporting requirements in this section

 5  unless otherwise specified in the General Appropriations Act.

 6         1.  For projects with a total cost ranging from

 7  $500,000 to $1,999,999, agencies must appoint a dedicated

 8  project manager to implement the agency's project management

 9  methodology and ensure that needed project planning and

10  management requirements are fulfilled.

11         2.  For projects with a total cost ranging from

12  $500,000 to $10 million which involve routine hardware or

13  software upgrades for a single agency, the agency must appoint

14  a project manager to implement the agency's project management

15  methodology and ensure that needed project planning and

16  management requirements are fulfilled.

17         3.  For projects with a total cost ranging from $2

18  million to $10 million which will impact the general public or

19  which can change or affect an agency's organizational

20  structure, headcount, business processes, or service delivery

21  model, the agency must appoint a dedicated project manager and

22  project management team and ensure that all project management

23  provisions of this section are implemented.

24         4.  For any project with a total cost greater than $10

25  million, the agency must appoint a dedicated project manager

26  and project management team and ensure that all project

27  management provisions of this section are implemented.

28         (b)  The purposes of information technology portfolio

29  management are to:

30         1.  Link information technology investments in the

31  agency's approved information technology services catalog to

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 1  agency functions, plans, goals, and objectives that justify

 2  information technology investments on the basis of validated

 3  business cases.

 4         2.  Establish and implement formal risk assessment and

 5  risk mitigation associated with the implementation of

 6  information technology projects and investments.

 7         3.  Identify information technology projects that span

 8  multiple programs or multiple agencies in order to leverage

 9  resources.

10         4.  Analyze the effect of proposed new information

11  technology investments on existing infrastructure and business

12  functions.

13         (c)  The information technology portfolio shall

14  include, but need not be limited to:

15         1.  The agency's information technology services

16  catalog as defined in this section.

17         2.  A summary statement of the agency's mission, goals,

18  and objectives for information technology which are supported

19  through the agency's information technology portfolio.

20         3.  Identification of projects and resources required

21  to meet the objectives of the portfolio.

22         4.  Estimated schedules and funding required to

23  implement approved information technology projects and to

24  provide information technology services identified in the

25  information technology services catalog.

26         (d)  The agency shall submit its information technology

27  portfolio as part of its legislative budget request in the

28  manner and form prescribed in the legislative budget request

29  instructions as provided in section 216.023, Florida Statutes.

30         (e)  The agency shall implement and administer a

31  project management methodology that:

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 1         1.  Contains a narrative description of the project's

 2  major business objectives to be obtained, major deliverables

 3  to be produced, major milestones or activities to be

 4  completed, and any significant project assumptions or

 5  constraints.

 6         2.  Provides a summary-level description of all tasks

 7  required to complete the project.

 8         3.  Describes the planned project schedule and

 9  specifies major milestones, deliverables, tasks, and

10  activities.

11         4.  Describes all estimated expenditures and baseline

12  costs expected to be incurred by the project during each

13  fiscal year.

14         5.  Describes the project's organizational structure

15  and the major roles and responsibilities of project team

16  members, project sponsors, the project steering committee, and

17  user advisory groups. If the project involves multiple

18  agencies, the project organization shall include appropriate

19  representation from all affected agencies. These entities

20  together are accountable for the successful implementation of

21  the project. The roles and responsibilities for these entities

22  shall include identification and resolution of project issues

23  and assessment and mitigation of project risks.

24         6.  Describes the process and procedures used to

25  identify and manage the project's risks.

26         7.  Describes the processes and procedures used to

27  manage the change requirements of the project. When a project

28  exceeds its approved scope, schedule or budget by more than 25

29  percent, the agency shall prepare a project recovery plan.

30         8.  Directs the project team to:

31  

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 1         a.  Develop a comprehensive list of issues and problems

 2  requiring resolution;

 3         b.  Prepare a list that identifies all required

 4  corrective actions necessary to successfully recover the

 5  project; and

 6         c.  Prepare a fully resourced schedule that identifies

 7  major milestones and deliverables needed to complete the

 8  project's recovery and successfully complete the project.

 9  

10  Based upon analysis of the project recovery plan as provided

11  for in this subsection and all relevant project status

12  reports, if the agency determines that an information

13  technology project cannot be recovered, the agency shall

14  implement steps needed to terminate the project. Written

15  notice of the agency's intent to terminate shall be provided

16  to the Director of the Office of Policy and Budget and the

17  chairs of the legislative appropriations committees.

18         (f)  Prior to proceeding with any major information

19  technology project, an agency shall submit the required

20  feasibility study documentation or other required

21  documentation as prescribed in the legislative budget request

22  instructions provided for in section 216.023, Florida

23  Statutes.

24         (4)  INFORMATION TECHNOLOGY MANAGEMENT PROCESS.--The

25  agency information technology investment management process

26  shall be administered by the agency head and include executive

27  managers from across the agency's program areas.

28         Section 2.  Subsections (2) and (3) of section 20.22,

29  Florida Statutes, are amended to read:

30         20.22  Department of Management Services.--There is

31  created a Department of Management Services.

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 1         (2)  The following divisions and programs within the

 2  Department of Management Services are established:

 3         (a)  Facilities Program.

 4         (b)  State Technology Program Office.

 5         (c)  Workforce Program.

 6         (d)1.  Support Program.

 7         2.  Federal Property Assistance Program.

 8         (e)  Administration Program.

 9         (f)  Division of Administrative Hearings.

10         (g)  Division of Retirement.

11         (h)  Division of State Group Insurance.

12         (3)  The State Technology Program Office shall operate

13  and manage the Technology Resource Center.

14         Section 3.  Paragraphs (e) and (w) of subsection (2) of

15  section 110.205, Florida Statutes, are repealed.

16         Section 4.  Section 186.022, Florida Statutes, is

17  repealed.

18         Section 5.  Pursuant to section 216.351, Florida

19  Statutes, paragraph (c) of subsection (1) of section 216.292,

20  Florida Statutes, is repealed.

21         Section 6.  Section 282.0041, Florida Statutes, is

22  amended to read:

23         282.0041  Definitions.--For the purposes of this part,

24  the term:

25         (1)  "Agency" means those entities described in s.

26  216.011(1)(qq).

27         (2)  "Agency Annual Enterprise Resource Planning and

28  Management Report" means the report prepared by each Agency

29  Chief Information Officer as required by s. 282.3063.

30         (3)  "Agency Chief Information Officer" means the

31  person appointed by the State Technology Office to coordinate

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 1  and manage the information technology policies and activities

 2  applicable to that agency.

 3         (2)(4)  "Agency Chief Information Officers Council"

 4  means the council created in s. 282.315 to facilitate the

 5  sharing and coordination of information technology issues and

 6  initiatives among the agencies.

 7         (3)  "Department" means the Department of Management

 8  Services.

 9         (4)(5)  "Enterprise resources management

10  infrastructure" means the hardware, software, networks, data,

11  human resources, policies, standards, facilities, maintenance,

12  and related materials and services that are required to

13  support the business processes of an agency or state

14  enterprise.

15         (5)(6)  "Enterprise resource planning and management"

16  means the planning, budgeting, acquiring, developing,

17  organizing, directing, training, control, and related services

18  associated with government information technology. The term

19  encompasses information and related resources, as well as the

20  controls associated with their acquisition, development,

21  dissemination, and use.

22         (6)(7)  "Information technology" means equipment,

23  hardware, software, firmware, programs, systems, networks,

24  infrastructure, media, and related material used to

25  automatically, electronically, and wirelessly collect,

26  receive, access, transmit, display, store, record, retrieve,

27  analyze, evaluate, process, classify, manipulate, manage,

28  assimilate, control, communicate, exchange, convert, converge,

29  interface, switch, or disseminate information of any kind or

30  form.

31  

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 1         (7)(8)  "Project" means an undertaking directed at the

 2  accomplishment of a strategic objective relating to enterprise

 3  resources management or a specific appropriated program.

 4         (9)  "State Annual Report on Enterprise Resource

 5  Planning and Management" means the report prepared by the

 6  State Technology Office as defined in s. 282.102.

 7         (8)(10)  "Standards" means the use of current, open,

 8  nonproprietary, or non-vendor-specific technologies.

 9         (11)  "State Technology Office" or "office" means the

10  office created in s. 282.102.

11         (9)(12)  "Total cost" means all costs associated with

12  information technology projects or initiatives, including, but

13  not limited to, value of hardware, software, service,

14  maintenance, incremental personnel, and facilities.  Total

15  cost of a loan or gift of information technology resources to

16  an agency includes the fair market value of the resources,

17  except that the total cost of loans or gifts of information

18  technology to state universities to be used in instruction or

19  research does not include fair market value.

20         Section 7.  Section 282.005, Florida Statutes, is

21  repealed.

22         Section 8.  Section 282.0055, Florida Statutes, is

23  created to read:

24         282.0055  Limitation with respect to cabinet

25  personnel.--The department and the Florida Technology Council

26  may not take any action affecting the supervision, control,

27  management, or coordination of information technology and

28  information technology personnel that any cabinet officer

29  listed in s. 4, Art. IV of the State Constitution deems

30  necessary for the exercise of his or her statutory or

31  constitutional duties.

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 1         Section 9.  Section 282.102, Florida Statutes, is

 2  amended to read:

 3         282.102  Creation of the State Technology Office;

 4  Powers and duties of the department.--There is created a State

 5  Technology Office within The powers and duties of the

 6  department include of Management Services. The office shall be

 7  a separate budget entity, and shall be headed by a Chief

 8  Information Officer who is appointed by the Governor and is in

 9  the Senior Management Service. The Chief Information Officer

10  shall be an agency head for all purposes. The Department of

11  Management Services shall provide administrative support and

12  service to the office to the extent requested by the Chief

13  Information Officer. The office may adopt policies and

14  procedures regarding personnel, procurement, and transactions

15  for State Technology Office personnel. The office shall have

16  the following powers, duties, and functions:

17         (1)  To publish electronically the portfolio of

18  services available from the office, including pricing

19  information; the policies and procedures of the office

20  governing usage of available services; and a forecast of the

21  priorities and initiatives for the state communications system

22  for the ensuing 2 years.

23         (2)  To adopt rules implementing policies and

24  procedures providing best practices to be followed by agencies

25  in acquiring, using, upgrading, modifying, replacing, or

26  disposing of information technology.

27         (3)  To perform, in consultation with an agency, the

28  enterprise resource planning and management for the agency.

29         (4)  To advise and render aid to state agencies and

30  political subdivisions of the state as to systems or methods

31  

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 1  to be used for organizing and meeting information technology

 2  requirements efficiently and effectively.

 3         (5)  To integrate the information technology systems

 4  and services of state agencies.

 5         (6)  To adopt technical standards for the state

 6  information technology system which will assure the

 7  interconnection of computer networks and information systems

 8  of agencies.

 9         (7)  To assume management responsibility for any

10  integrated information technology system or service when

11  determined by the office to be economically efficient or

12  performance-effective.

13         (2)(8)  To enter into service-level agreements related

14  to information technology with state agencies and political

15  subdivisions of the state for use of the Technology Resource

16  Center.

17         (9)  To use and acquire, with agency concurrence,

18  information technology now owned or operated by any agency.

19         (3)(10)  To purchase from or contract with information

20  technology providers for information technology, including

21  private line services.

22         (4)(11)  To apply for, receive, and hold, and to assist

23  agencies in applying for, receiving, or holding, such

24  authorizations, patents, copyrights, trademarks, service

25  marks, licenses, and allocations or channels and frequencies

26  to carry out the purposes of this part.

27         (5)(12)  To purchase, lease, or otherwise acquire and

28  to hold, sell, transfer, license, or otherwise dispose of

29  real, personal, and intellectual property, including, but not

30  limited to, patents, trademarks, copyrights, and service

31  marks.

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 1         (6)(13)  To cooperate with any federal, state, or local

 2  emergency management agency in providing for emergency

 3  communications services.

 4         (7)(14)  To delegate, as necessary, to state agencies

 5  the authority to purchase, lease, or otherwise acquire and to

 6  use information technology or, as necessary, to control and

 7  approve the purchase, lease, or acquisition and the use of all

 8  information technology, including, but not limited to,

 9  communications services provided as part of any other total

10  system to be used by the state or any of its agencies.

11         (8)(15)  To acquire ownership, possession, custody, and

12  control of existing communications equipment and facilities,

13  including all right, title, interest, and equity therein, as

14  necessary, to carry out the purposes of this part. However,

15  the provisions of this subsection shall in no way affect the

16  rights, title, interest, or equity in any such equipment or

17  facilities owned by, or leased to, the state or any state

18  agency by any telecommunications company.

19         (9)(16)  To adopt rules pursuant to ss. 120.536(1) and

20  120.54 relating to information technology and to administer

21  the provisions of this part.

22         (10)(17)  To provide a means whereby political

23  subdivisions of the state may use state information technology

24  systems upon such terms and under such conditions as the

25  department office may establish.

26         (11)(18)  To apply for and accept federal funds for any

27  of the purposes of this part as well as gifts and donations

28  from individuals, foundations, and private organizations.

29         (12)(19)  To monitor issues relating to communications

30  facilities and services before the Florida Public Service

31  Commission and, when necessary, prepare position papers,

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 1  prepare testimony, appear as a witness, and retain witnesses

 2  on behalf of state agencies in proceedings before the

 3  commission.

 4         (13)(20)  Unless delegated to the agencies by the

 5  department Chief Information Officer, to manage and control,

 6  but not intercept or interpret, communications within the

 7  SUNCOM Network by:

 8         (a)  Establishing technical standards to physically

 9  interface with the SUNCOM Network.

10         (b)  Specifying how communications are transmitted

11  within the SUNCOM Network.

12         (c)  Controlling the routing of communications within

13  the SUNCOM Network.

14         (d)  Establishing standards, policies, and procedures

15  for access to the SUNCOM Network.

16         (e)  Ensuring orderly and reliable communications

17  services in accordance with the service level agreements

18  executed with state agencies.

19         (14)(21)  To plan, design, and conduct experiments for

20  information technology services, equipment, and technologies,

21  and to implement enhancements in the state information

22  technology system when in the public interest and

23  cost-effective.  Funding for such experiments shall be derived

24  from SUNCOM Network service revenues and shall not exceed 2

25  percent of the annual budget for the SUNCOM Network for any

26  fiscal year or as provided in the General Appropriations Act.

27  New services offered as a result of this subsection shall not

28  affect existing rates for facilities or services.

29         (15)(22)  To enter into contracts or agreements, with

30  or without competitive bidding or procurement, to make

31  available, on a fair, reasonable, and nondiscriminatory basis,

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 1  property and other structures under office control for the

 2  placement of new facilities by any wireless provider of mobile

 3  service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any

 4  telecommunications company as defined in s. 364.02 when it is

 5  determined to be practical and feasible to make such property

 6  or other structures available. The department office may,

 7  without adopting a rule, charge a just, reasonable, and

 8  nondiscriminatory fee for the placement of the facilities,

 9  payable annually, based on the fair market value of space used

10  by comparable communications facilities in the state. The

11  department office and a wireless provider or

12  telecommunications company may negotiate the reduction or

13  elimination of a fee in consideration of services provided to

14  the department office by the wireless provider or

15  telecommunications company. All such fees collected by the

16  department office shall be deposited directly into the Law

17  Enforcement Radio Operating Trust Fund, and may be used by the

18  department office to construct, maintain, or support the

19  system.

20         (16)(23)  To provide an integrated electronic system

21  for deploying government products, services, and information

22  to individuals and businesses which reflects cost-effective

23  deployment strategies in keeping with industry standards and

24  practices and includes protections and security of private

25  information, as well as maintenance of public records.

26         (a)  The integrated electronic system shall reflect

27  cost-effective deployment strategies in keeping with industry

28  standards and practices, including protections and security of

29  private information as well as maintenance of public records.

30         (b)  The office shall provide a method for assessing

31  fiscal accountability for the integrated electronic system and

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 1  shall establish the organizational structure required to

 2  implement this system.

 3         (24)  To provide administrative support to the Agency

 4  Chief Information Officers Council and other workgroups

 5  created by the Chief Information Officer.

 6         (25)  To facilitate state information technology

 7  education and training for senior management and other agency

 8  staff.

 9         (26)  To prepare, on behalf of the Executive Office of

10  the Governor, memoranda on recommended guidelines and best

11  practices for information resources management, when

12  requested.

13         (27)  To prepare, publish, and disseminate the State

14  Annual Report on Enterprise Resource Planning and Management

15  under s. 282.310.

16         (28)  To study and make a recommendation to the

17  Governor and Legislature on the feasibility of implementing

18  online voting in this state.

19         (29)  To facilitate the development of a network access

20  point in this state, as needed.

21         (17)(30)  To designate a State Chief Privacy Officer

22  who shall be responsible for the continual review of policies,

23  laws, rules, and practices of state agencies which may affect

24  the privacy concerns of state residents.

25         Section 10.  Section 282.103, Florida Statutes, is

26  amended to read:

27         282.103  SUNCOM Network; exemptions from the required

28  use.--

29         (1)  There is created within the department State

30  Technology Office the SUNCOM Network, which shall be developed

31  to serve as the state communications system for providing

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 1  local and long-distance communications services to state

 2  agencies, political subdivisions of the state, municipalities,

 3  state universities, and nonprofit corporations pursuant to ss.

 4  282.101-282.111. The SUNCOM Network shall be developed to

 5  transmit all types of communications signals, including, but

 6  not limited to, voice, data, video, image, and radio. State

 7  agencies shall cooperate and assist in the development and

 8  joint use of communications systems and services.

 9         (2)  The department State Technology Office shall

10  design, engineer, implement, manage, and operate through state

11  ownership, commercial leasing, or some combination thereof,

12  the facilities and equipment providing SUNCOM Network

13  services, and shall develop a system of equitable billings and

14  charges for communication services.

15         (3)  All state agencies and state universities are

16  required to use the SUNCOM Network for agency and state

17  university communications services as the services become

18  available; however, no agency or university is relieved of

19  responsibility for maintaining communications services

20  necessary for effective management of its programs and

21  functions. If a SUNCOM Network service does not meet the

22  communications requirements of an agency or university, the

23  agency or university shall notify the department State

24  Technology Office in writing and detail the requirements for

25  that communications service. If the department office is

26  unable to meet an agency's or university's requirements by

27  enhancing SUNCOM Network service, the department office may

28  grant the agency or university an exemption from the required

29  use of specified SUNCOM Network services.

30         Section 11.  Section 282.104, Florida Statutes, is

31  amended to read:

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 1         282.104  Use of state SUNCOM Network by

 2  municipalities.--Any municipality may request the department

 3  State Technology Office to provide any or all of the SUNCOM

 4  Network's portfolio of communications services upon such terms

 5  and under such conditions as the department office may

 6  establish. The requesting municipality shall pay its share of

 7  installation and recurring costs according to the published

 8  rates for SUNCOM Network services and as invoiced by the

 9  department office. Such municipality shall also pay for any

10  requested modifications to existing SUNCOM Network services,

11  if any charges apply.

12         Section 12.  Subsections (1) and (4) of section

13  282.105, Florida Statutes, are amended to read:

14         282.105  Use of state SUNCOM Network by nonprofit

15  corporations.--

16         (1)  The department State Technology Office shall

17  provide a means whereby private nonprofit corporations under

18  contract with state agencies or political subdivisions of the

19  state may use the state SUNCOM Network, subject to the

20  limitations in this section.  In order to qualify to use the

21  state SUNCOM Network, a nonprofit corporation shall:

22         (a)  Expend the majority of its total direct revenues

23  for the provision of contractual services to the state, a

24  municipality, or a political subdivision of the state; and

25         (b)  Receive only a small portion of its total revenues

26  from any source other than a state agency, a municipality, or

27  a political subdivision of the state during the period of time

28  SUNCOM Network services are requested.

29         (4)  Institutions qualified to participate in the

30  William L. Boyd, IV, Florida Resident Access Grant Program

31  pursuant to s. 1009.89 shall be eligible to use the state

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 1  SUNCOM Network, subject to the terms and conditions of the

 2  department office. Such entities shall not be required to

 3  satisfy the other criteria of this section.

 4         Section 13.  Section 282.106, Florida Statutes, is

 5  amended to read:

 6         282.106  Use of SUNCOM Network by libraries.--The

 7  department State Technology Office may provide SUNCOM Network

 8  services to any library in the state, including libraries in

 9  public schools, community colleges, state universities, and

10  nonprofit private postsecondary educational institutions, and

11  libraries owned and operated by municipalities and political

12  subdivisions.

13         Section 14.  Subsections (1) and (2) of section

14  282.107, Florida Statutes, are amended to read:

15         282.107  SUNCOM Network; criteria for usage.--

16         (1)  The department State Technology Office shall

17  periodically review the qualifications of subscribers using

18  the state SUNCOM Network and shall terminate services provided

19  to any facility not qualified pursuant to ss. 282.101-282.111

20  or rules adopted hereunder.  In the event of nonpayment of

21  invoices by subscribers whose SUNCOM Network invoices are paid

22  from sources other than legislative appropriations, such

23  nonpayment represents good and sufficient reason to terminate

24  service.

25         (2)  The department State Technology Office shall adopt

26  rules setting forth its procedures for withdrawing and

27  restoring authorization to use the state SUNCOM Network. Such

28  rules shall provide a minimum of 30 days' notice to affected

29  parties prior to termination of voice communications service.

30         Section 15.  Subsections (1), (3), (4), (5), and (6) of

31  section 282.1095, Florida Statutes, and paragraphs (f), (g),

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 1  and (h) of subsection (2) of that section, are amended to

 2  read:

 3         282.1095  State agency law enforcement radio system and

 4  interoperability network.--

 5         (1)  The department State Technology Office may acquire

 6  and implement a statewide radio communications system to serve

 7  law enforcement units of state agencies, and to serve local

 8  law enforcement agencies through mutual aid channels. The

 9  Joint Task Force on State Agency Law Enforcement

10  Communications is established in the department State

11  Technology Office to advise the department office of

12  member-agency needs for the planning, designing, and

13  establishment of the joint system. The State Agency Law

14  Enforcement Radio System Trust Fund is established in the

15  department State Technology Office. The trust fund shall be

16  funded from surcharges collected under ss. 320.0802 and

17  328.72.

18         (2)

19         (f)  The department State Technology Office is hereby

20  authorized to rent or lease space on any tower under its

21  control. The department office may also rent, lease, or

22  sublease ground space as necessary to locate equipment to

23  support antennae on the towers.  The costs for use of such

24  space shall be established by the office for each site, when

25  it is determined to be practicable and feasible to make space

26  available. The department office may refuse to lease space on

27  any tower at any site.  All moneys collected by the department

28  office for such rents, leases, and subleases shall be

29  deposited directly into the Law Enforcement Radio Operating

30  Trust Fund and may be used by the department office to

31  construct, maintain, or support the system.

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 1         (g)  The department State Technology Office is hereby

 2  authorized to rent, lease, or sublease ground space on lands

 3  acquired by the department office for the construction of

 4  privately owned or publicly owned towers. The department

 5  office may, as a part of such rental, lease, or sublease

 6  agreement, require space on said tower or towers for antennae

 7  as may be necessary for the construction and operation of the

 8  state agency law enforcement radio system or any other state

 9  need. The positions necessary for the department office to

10  accomplish its duties under this paragraph and paragraph (f)

11  shall be established in the General Appropriations Act and

12  shall be funded by the Law Enforcement Radio Operating Trust

13  Fund or other revenue sources.

14         (h)  The department State Technology Office may make

15  the mutual aid channels in the statewide radio communications

16  system available to federal agencies, state agencies, and

17  agencies of the political subdivisions of the state for the

18  purpose of public safety and domestic security. The department

19  office shall exercise its powers and duties, as specified in

20  this chapter, to plan, manage, and administer the mutual aid

21  channels. The department office shall, in implementing such

22  powers and duties, act in consultation and conjunction with

23  the Department of Law Enforcement and the Division of

24  Emergency Management of the Department of Community Affairs,

25  and shall manage and administer the mutual aid channels in a

26  manner that reasonably addresses the needs and concerns of the

27  involved law enforcement agencies and emergency response

28  agencies and entities.

29         (3)  Upon appropriation, moneys in the trust fund may

30  be used by the department office to acquire by competitive

31  procurement the equipment; software; and engineering,

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 1  administrative, and maintenance services it needs to

 2  construct, operate, and maintain the statewide radio system.

 3  Moneys in the trust fund collected as a result of the

 4  surcharges set forth in ss. 320.0802 and 328.72 shall be used

 5  to help fund the costs of the system.  Upon completion of the

 6  system, moneys in the trust fund may also be used by the

 7  department office to provide for payment of the recurring

 8  maintenance costs of the system.

 9         (4)(a)  The department office shall, in conjunction

10  with the Department of Law Enforcement and the Division of

11  Emergency Management of the Department of Community Affairs,

12  establish policies, procedures, and standards which shall be

13  incorporated into a comprehensive management plan for the use

14  and operation of the statewide radio communications system.

15         (b)  The joint task force, in consultation with the

16  department office, shall have the authority to permit other

17  state agencies to use the communications system, under terms

18  and conditions established by the joint task force.

19         (5)  The department office shall provide technical

20  support to the joint task force and shall bear the overall

21  responsibility for the design, engineering, acquisition, and

22  implementation of the statewide radio communications system

23  and for ensuring the proper operation and maintenance of all

24  system common equipment.

25         (6)(a)  The department State Technology Office may

26  create and implement an interoperability network to enable

27  interoperability between various radio communications

28  technologies and to serve federal agencies, state agencies,

29  and agencies of political subdivisions of the state for the

30  purpose of public safety and domestic security. The department

31  office shall, in conjunction with the Department of Law

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 1  Enforcement and the Division of Emergency Management of the

 2  Department of Community Affairs, exercise its powers and

 3  duties pursuant to this chapter to plan, manage, and

 4  administer the interoperability network. The department office

 5  may:

 6         1.  Enter into mutual aid agreements among federal

 7  agencies, state agencies, and political subdivisions of the

 8  state for the use of the interoperability network.

 9         2.  Establish the cost of maintenance and operation of

10  the interoperability network and charge subscribing federal

11  and local law enforcement agencies for access and use of the

12  network. The department State Technology Office may not charge

13  state law enforcement agencies identified in paragraph (2)(a)

14  to use the network.

15         3.  In consultation with the Department of Law

16  Enforcement and the Division of Emergency Management of the

17  Department of Community Affairs, amend and enhance the

18  statewide radio communications system as necessary to

19  implement the interoperability network.

20         (b)  The department State Technology Office, in

21  consultation with the Joint Task Force on State Agency Law

22  Enforcement Communications, and in conjunction with the

23  Department of Law Enforcement and the Division of Emergency

24  Management of the Department of Community Affairs, shall

25  establish policies, procedures, and standards to incorporate

26  into a comprehensive management plan for the use and operation

27  of the interoperability network.

28         Section 16.  Section 282.111, Florida Statutes, is

29  amended to read:

30         282.111  Statewide system of regional law enforcement

31  communications.--

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 1         (1)  It is the intent and purpose of the Legislature

 2  that a statewide system of regional law enforcement

 3  communications be developed whereby maximum efficiency in the

 4  use of existing radio channels is achieved in order to deal

 5  more effectively with the apprehension of criminals and the

 6  prevention of crime generally.  To this end, all law

 7  enforcement agencies within the state are directed to provide

 8  the department State Technology Office with any information

 9  the department office requests for the purpose of implementing

10  the provisions of subsection (2).

11         (2)  The department State Technology Office is hereby

12  authorized and directed to develop and maintain a statewide

13  system of regional law enforcement communications.  In

14  formulating such a system, the department office shall divide

15  the state into appropriate regions and shall develop a program

16  which shall include, but not be limited to, the following

17  provisions:

18         (a)  The communications requirements for each county

19  and municipality comprising the region.

20         (b)  An interagency communications provision which

21  shall depict the communication interfaces between municipal,

22  county, and state law enforcement entities which operate

23  within the region.

24         (c)  Frequency allocation and use provision which shall

25  include, on an entity basis, each assigned and planned radio

26  channel and the type of operation, simplex, duplex, or

27  half-duplex, on each channel.

28         (3)  The department office shall adopt any necessary

29  rules and regulations for implementing and coordinating the

30  statewide system of regional law enforcement communications.

31  

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 1         (4)  The secretary Chief Information Officer of the

 2  department State Technology Office or his or her designee is

 3  designated as the director of the statewide system of regional

 4  law enforcement communications and, for the purpose of

 5  carrying out the provisions of this section, is authorized to

 6  coordinate the activities of the system with other interested

 7  state agencies and local law enforcement agencies.

 8         (5)  No law enforcement communications system shall be

 9  established or present system expanded without the prior

10  approval of the department State Technology Office.

11         (6)  Within the limits of its capability, the

12  Department of Law Enforcement is encouraged to assist lend

13  assistance to the department State Technology Office in the

14  development of the statewide system of regional law

15  enforcement communications proposed by this section.

16         Section 17.  Section 282.20, Florida Statutes, is

17  amended to read:

18         282.20  Technology Resource Center.--

19         (1)(a)  The department State Technology Office shall

20  operate and manage the Technology Resource Center.

21         (b)  For the purposes of this section, the term:

22         1.  "Information-system utility" means a full-service

23  information-processing facility offering hardware, software,

24  operations, integration, networking, and consulting services.

25         2.  "Customer" means a state agency or other entity

26  which is authorized to use utilize the SUNCOM Network pursuant

27  to this part.

28         (2)  The Technology Resource Center shall:

29         (a)  Serve the office and other customers as an

30  information-system utility.

31  

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 1         (b)  Cooperate with customers to offer, develop, and

 2  support a wide range of services and applications needed by

 3  users of the Technology Resource Center.

 4         (c)  Cooperate with the Florida Legal Resource Center

 5  of the Department of Legal Affairs and other state agencies to

 6  develop and provide access to repositories of legal

 7  information throughout the state.

 8         (d)  Cooperate with the office to Facilitate

 9  interdepartmental networking and integration of network

10  services for its customers.

11         (e)  Assist customers in testing and evaluating new and

12  emerging technologies that could be used to meet the needs of

13  the state.

14         (3)  The department office may contract with customers

15  to provide any combination of services necessary for agencies

16  to fulfill their responsibilities and to serve their users.

17         (4)  The Technology Resource Center may plan, design,

18  establish pilot projects for, and conduct experiments with

19  information technology resources, and may implement

20  enhancements in services when such implementation is

21  cost-effective. Funding for experiments and pilot projects

22  shall be derived from service revenues and may not exceed 5

23  percent of the service revenues for the Technology Resource

24  Center for any single fiscal year. Any experiment, pilot

25  project, plan, or design must be approved by the Chief

26  Information Officer.

27         (5)  Notwithstanding the provisions of s. 216.272, the

28  Technology Resource Center may spend funds in the reserve

29  account of the Technology Enterprise Operating Trust Fund for

30  enhancements to center operations or for information

31  technology resources. Any expenditure of reserve account funds

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 1  must be approved by the Chief Information Officer. Any funds

 2  remaining in the reserve account at the end of the fiscal year

 3  may be carried forward and spent as approved by the Chief

 4  Information Officer, provided that such approval conforms to

 5  any applicable provisions of chapter 216.

 6         Section 18.  Section 282.21, Florida Statutes, is

 7  amended to read:

 8         282.21  The State Technology Office's Electronic access

 9  services of the department.--The department State Technology

10  Office may collect fees for providing remote electronic access

11  pursuant to s. 119.07(2). The fees may be imposed on

12  individual transactions or as a fixed subscription for a

13  designated period of time.  All fees collected under this

14  section shall be deposited in the appropriate trust fund of

15  the program or activity that made the remote electronic access

16  available.

17         Section 19.  Section 282.22, Florida Statutes, is

18  amended to read:

19         282.22  State Technology Office; Production,

20  dissemination, and ownership of materials and products.--

21         (1)  It is the intent of the Legislature that when

22  materials, products, information, and services are acquired or

23  developed by or under the direction of the department State

24  Technology Office, through research and development or other

25  efforts, including those subject to copyright, patent, or

26  trademark, they shall be made available for use by state and

27  local government entities at the earliest practicable date and

28  in the most economical and efficient manner possible and

29  consistent with chapter 119.

30         (2)  To accomplish this objective the department may

31  office is authorized to publish or partner with private sector

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 1  entities to produce or have produced materials and products

 2  and to make them readily available for appropriate use. The

 3  department may office is authorized to charge an amount or

 4  receive value-added services adequate to cover the essential

 5  cost of producing and disseminating such materials,

 6  information, services, or products and may is authorized to

 7  sell services.

 8         (3)  If In cases in which the materials or products are

 9  of such nature, or the circumstances are such, that it is not

10  practicable or feasible for the department office to produce

11  or have produced materials and products so developed, the

12  department may it is authorized, after review and approval by

13  the Executive Office of the Governor, to license, lease,

14  assign, sell, or otherwise give written consent to any person,

15  firm, or corporation for the manufacture or use thereof, on a

16  royalty basis, or for such other consideration as the

17  department deems office shall deem proper and in the best

18  interest of the state; the department shall office is

19  authorized and directed to protect same against improper or

20  unlawful use or infringement and to enforce the collection of

21  any sums due for the manufacture or use thereof by any other

22  party.

23         (4)  All proceeds from the sale of such materials and

24  products or other money collected pursuant to this section

25  shall be deposited into the Grants and Donations Trust Fund of

26  the department office and, when properly budgeted as approved

27  by the Legislature and the Executive Office of the Governor,

28  used to pay the cost of producing and disseminating materials

29  and products to carry out the intent of this section.

30         Section 20.  Section 282.23, Florida Statutes, is

31  repealed.

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 1         Section 21.  Section 282.3025, Florida Statutes, is

 2  created to read:

 3         282.3025  Florida Technology Council; duties and

 4  functions.--

 5         (1)  There is created the Florida Technology Council

 6  within the Department of Management Services. The council

 7  shall be headed by the State Technology Officer who is

 8  appointed by and reports to the Administration Commission. The

 9  Department of Management Services shall provide administrative

10  support and services to the council.

11         (2)  The council shall have the following duties and

12  functions:

13         (a)  Develop and submit to the Administration

14  Commission by January 15, 2006, a Statewide Information

15  Technology Strategic Plan consistent with the provisions of

16  sections 216.023 and 282.3032, Florida Statutes, in

17  consultation with the Agency Chief Information Officers

18  Council. The plan must describe how the state should align its

19  information technology resources and assets to an enterprise

20  perspective that will allow the state to focus its investments

21  on those information technology initiatives that will enable

22  significant improvements in statewide service delivery and

23  business operations. The plan must include, but need not be

24  limited to, a description of how the state can deploy

25  information technology that will:

26         1.  Make state governmental information and services

27  more accessible to residents and the state's clients;

28         2.  Implement common business applications and systems

29  to improve governmental efficiency and cost-effectiveness; and

30  

31  

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 1         3.  Lower costs and improve the security and

 2  performance of the state's information technology

 3  infrastructure.

 4  

 5  The council shall identify actions required to implement the

 6  plan and improve the application of information technology

 7  across state government.

 8         (b)  Provide assistance to state agencies in

 9  implementing the information technology portfolio management

10  process and the project planning and management requirements

11  as required by section 1 of this act. The council shall

12  provide quarterly status reports to the Administration

13  Commission detailing the status of each agency's compliance

14  with section 1 of this act.

15         Section 22.  Section 282.3031, Florida Statutes, is

16  amended to read:

17         282.3031  Assignment of information resources

18  management responsibilities.--For purposes of ss.

19  282.303-282.322, to ensure the best management of state

20  information technology resources, and notwithstanding other

21  provisions of law to the contrary, the functions of

22  information resources management are assigned to the

23  university boards of trustees for the development and

24  implementation of planning, management, rulemaking, standards,

25  and guidelines for the state universities; to the community

26  college boards of trustees for establishing and developing

27  rules for the community colleges; to the Supreme Court for the

28  judicial branch; and to each state attorney and public

29  defender; and to the State Technology Office for the agencies

30  within the executive branch of state government.

31  

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 1         Section 23.  Section 282.3055, Florida Statutes, is

 2  repealed.

 3         Section 24.  Section 282.3063, Florida Statutes, is

 4  repealed.

 5         Section 25.  Section 282.310, Florida Statutes, is

 6  repealed.

 7         Section 26.  Subsections (1) and (3) of section

 8  282.315, Florida Statutes, are amended to read:

 9         282.315  Agency Chief Information Officers Council;

10  creation.--The Legislature finds that enhancing communication,

11  consensus building, coordination, and facilitation of

12  statewide enterprise resource planning and management issues

13  is essential to improving state management of such resources.

14         (1)  There is created an Agency Chief Information

15  Officers Council to:

16         (a)  Enhance communication among the Agency Chief

17  Information Officers by sharing enterprise resource planning

18  and management experiences and exchanging ideas.

19         (b)  Facilitate the sharing of best practices that are

20  characteristic of highly successful technology organizations,

21  as well as exemplary information technology applications of

22  state agencies.

23         (c)  Identify efficiency opportunities among state

24  agencies.

25         (d)  Serve as an educational forum for enterprise

26  resource planning and management issues.

27         (e)  Assist the Florida Technology Council State

28  Technology Office in identifying critical statewide issues

29  and, when appropriate, make recommendations for solving

30  enterprise resource planning and management deficiencies which

31  

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 1  would improve delivery of information technology services in

 2  the state.

 3         (3)  The State Technology Office shall provide

 4  administrative support to the council.

 5         Section 27.  Subsection (2) of section 282.318, Florida

 6  Statutes, is amended to read:

 7         282.318  Security of data and information technology

 8  resources.--

 9         (2)(a)  Each agency head The State Technology Office,

10  in consultation with the Department of Law Enforcement each

11  agency head, is responsible and accountable for assuring an

12  adequate level of security for all data and information

13  technology resources of each agency and, to carry out this

14  responsibility, shall, at a minimum:

15         1.  Designate an information security manager who shall

16  administer the security program of each agency for its data

17  and information technology resources.

18         2.  Conduct, and periodically update, a comprehensive

19  risk analysis to determine the security threats to the data

20  and information technology resources of each agency.  The risk

21  analysis information is confidential and exempt from the

22  provisions of s. 119.07(1), except that such information shall

23  be available to the Auditor General in performing his or her

24  postauditing duties.

25         3.  Develop, and periodically update, written internal

26  policies and procedures to assure the security of the data and

27  information technology resources of each agency.  The internal

28  policies and procedures which, if disclosed, could facilitate

29  the unauthorized modification, disclosure, or destruction of

30  data or information technology resources are confidential

31  information and exempt from the provisions of s. 119.07(1),

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 1  except that such information shall be available to the Auditor

 2  General in performing his or her postauditing duties.

 3         4.  Implement appropriate cost-effective safeguards to

 4  reduce, eliminate, or recover from the identified risks to the

 5  data and information technology resources of each agency.

 6         5.  Ensure that periodic internal audits and

 7  evaluations of each security program for the data and

 8  information technology resources of the agency are conducted.

 9  The results of such internal audits and evaluations are

10  confidential information and exempt from the provisions of s.

11  119.07(1), except that such information shall be available to

12  the Auditor General in performing his or her postauditing

13  duties.

14         6.  Include appropriate security requirements, as

15  determined by the agency State Technology Office, in

16  consultation with the Department of Law Enforcement each

17  agency head, in the written specifications for the

18  solicitation of information technology resources.

19         (b)  In those instances in which the department State

20  Technology Office develops state contracts for use by state

21  agencies, the department office shall include appropriate

22  security requirements in the specifications for the

23  solicitation for state contracts for procuring information

24  technology resources.

25         Section 28.  Subsection (2) of section 282.322, Florida

26  Statutes, is repealed.

27         Section 29.  Paragraph (b) of subsection (4), paragraph

28  (a) of subsection (15), and subsection (16) of section

29  287.042, Florida Statutes, are amended to read:

30         287.042  Powers, duties, and functions.--The department

31  shall have the following powers, duties, and functions:

                                  36

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 1         (4)

 2         (b)  To prescribe, in consultation with the State

 3  Technology Office, procedures for procuring information

 4  technology and information technology consultant services

 5  which provide for public announcement and qualification,

 6  competitive solicitations, contract award, and prohibition

 7  against contingent fees. Such procedures must shall be limited

 8  to information technology consultant contracts for which the

 9  total project costs, or planning or study activities, are

10  estimated to exceed the threshold amount provided for in s.

11  287.017, for CATEGORY TWO.

12         (15)(a)  To enter into joint agreements with

13  governmental agencies, as defined in s. 163.3164(10), for the

14  purpose of pooling funds for the purchase of commodities or

15  information technology that can be used by multiple agencies.

16  However, the department shall consult with the State

17  Technology Office on joint agreements that involve the

18  purchase of information technology. Agencies entering into

19  joint purchasing agreements with the department or the State

20  Technology Office shall authorize the department or the State

21  Technology Office to contract for such purchases on their

22  behalf.

23         (16)(a)  To evaluate contracts let by the Federal

24  Government, another state, or a political subdivision for the

25  provision of commodities and contract services, and, when it

26  is determined in writing to be cost-effective and in the best

27  interest of the state, to enter into a written agreement

28  authorizing an agency to make purchases under a contract

29  approved by the department and let by the Federal Government,

30  another state, or a political subdivision.

31  

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 1         (b)  For contracts pertaining to the provision of

 2  information technology, the State Technology Office, in

 3  consultation with the department, shall assess the

 4  technological needs of a particular agency, evaluate the

 5  contracts, and determine whether to enter into a written

 6  agreement with the letting federal, state, or political

 7  subdivision body to provide information technology for a

 8  particular agency.

 9         Section 30.  Subsection (24) of section 287.057,

10  Florida Statutes, is repealed.

11         Section 31.  Subsections (2), (5), (6), and (9) of

12  section 445.049, Florida Statutes, are amended to read:

13         445.049  Digital Divide Council.--

14         (2)  DIGITAL DIVIDE COUNCIL.--The Digital Divide

15  Council is created in the Department of Management Services

16  State Technology Office. The council shall consist of:

17         (a)  The Secretary of Management Services or his or her

18  designee chief information officer in the State Technology

19  Office.

20         (b)  The director of the Office of Tourism, Trade, and

21  Economic Development in the Executive Office of the Governor.

22         (c)  The president of Workforce Florida, Inc.

23         (d)  The director of the Agency for Workforce

24  Innovation.

25         (e)  The chair of itflorida.com, Inc.

26         (f)  The Commissioner of Education.

27         (g)  The chair of the Network Access Point of the

28  Americas.

29         (h)  A representative of the information technology

30  industry in this state appointed by the Speaker of the House

31  of Representatives.

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 1         (i)  A representative of the information technology

 2  industry in this state appointed by the President of the

 3  Senate.

 4         (j)  Two members of the House of Representatives, who

 5  shall be ex officio, nonvoting members of the council,

 6  appointed by the Speaker of the House of Representatives, one

 7  of whom shall be a member of the Republican Caucus and the

 8  other of whom shall be a member of the Democratic Caucus.

 9         (k)  Two members of the Senate, who shall be ex

10  officio, nonvoting members of the council, appointed by the

11  President of the Senate, one of whom shall be a member of the

12  Republican Caucus and the other of whom shall be a member of

13  the Democratic Caucus.

14         (5)  ADMINISTRATIVE AND TECHNICAL SUPPORT; PAYMENT OF

15  SUPPORT COSTS.--The Department of Management Services State

16  Technology Office shall provide such administrative and

17  technical support to the council as is reasonably necessary

18  for the council to effectively and timely carry out its duties

19  and responsibilities. All direct and indirect costs of

20  providing such support and performing the other duties

21  assigned to the Department of Management Services State

22  Technology Office related to design and implementation of the

23  programs authorized by this section may be paid from

24  appropriations authorized to be used for such purposes.

25         (6)  POWERS AND DUTIES OF COUNCIL.--The council,

26  through the Department of Management Services State Technology

27  Office, is authorized and empowered to facilitate the design

28  and implementation of programs that are aimed at achieving the

29  objectives and goals stated in this section. The Department of

30  Management Services State Technology Office shall present and

31  demonstrate to the council the design characteristics and

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 1  functional elements of each program proposed to be implemented

 2  to achieve the objectives and goals stated in this section and

 3  each such program shall be reviewed and approved by the

 4  council before being implemented. Such programs shall

 5  initially be implemented as pilot programs in a minimum of six

 6  different areas of the state to develop model programs that

 7  are likely to be successful if implemented throughout the

 8  state. The areas of the state where the pilot programs are

 9  implemented shall be selected by the council with the

10  objectives of testing the merits of the programs in each

11  geographic region of the state and providing equal exposure of

12  the programs to urban and rural communities alike.

13  Implementation of all such pilot and model programs shall be

14  administered by and through the local workforce development

15  boards and each such board shall coordinate and confirm the

16  ready availability and timely delivery of all elements of such

17  programs to ensure the highest probability of such programs

18  achieving their intended results.

19         (9)  ANNUAL REPORT.--By March 1 each year, 2002, the

20  council, through the Department of Management Services State

21  Technology Office, shall report to the Executive Office of the

22  Governor, the Speaker of the House of Representatives, and the

23  President of the Senate the results of the council's

24  monitoring, reviewing, and evaluating such programs since

25  their inception and the council's recommendations as to

26  whether such programs should be continued and expanded to

27  achieve the objectives and goals stated in this section.

28         Section 32.  For the 2005-2006 fiscal year, the sum of

29  $1.2 million in recurring funds is appropriated from the

30  General Revenue Fund and ten positions are authorized to the

31  Florida Technology Council to provide for personnel and other

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 1  expenses necessary to implement the council's responsibilities

 2  pursuant to this act. Budget actions taken pursuant to this

 3  section are subject to section 216.177, Florida Statutes, and

 4  at least 14 days' notice shall be given to the chair and vice

 5  chair of the Legislative Budget Commission.

 6         Section 33.  This act shall take effect July 1, 2005.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                          CS for SB 1494

10                                 

11  1.   Creates the Florida Technology Council within the
         Department of Management Services.
12  
    2.   Provides that the council is headed by a State Technology
13       Officer who is appointed by and reports to the
         Administration Commission.
14  
    3.   Establishes duties and functions of the council for the
15       development of a statewide strategic technology policy.
         Appropriates $1.2 million and authorizes 10 positions for
16       the council.

17  4.   Repeals s. 282.005, F.S., providing legislative intent
         and replaces with a series of policy goals and objectives
18       for the successor entity.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  41

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