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Senate Bill 1494

Senate Bill sb1494er

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  1                                 

  2         An act relating to information technology

  3         management; creating s. 282.0051, F.S.;

  4         providing legislative findings and intent;

  5         providing definitions; providing each agency

  6         use an information technology investment

  7         management process to support investment

  8         decisions; requiring each agency to submit its

  9         information technology portfolio as part of its

10         legislative budget request; requiring that

11         agencies implement and administer a project

12         management methodology; providing requirements

13         for project administration; amending s. 20.22,

14         F.S.; establishing the Technology Program in

15         the Department of Management Services; creating

16         the Florida Technology Council; removing duty

17         of the State Technology Office to operate and

18         manage the Technology Resource Center;

19         repealing s. 186.022, F.S., relating to

20         Information technology strategic plans;

21         amending s. 216.0446, F.S.; revising duties of

22         the legislative Technology Review Workgroup to

23         remove participation of the State Technology

24         Office; conforming reference to a report;

25         repealing s. 216.292(1)(c), F.S., relating to

26         provisions authorizing transfer of positions

27         and appropriations in fiscal year 2001-2002 for

28         the purpose of consolidating information

29         technology resources; amending s. 282.0041,

30         F.S.; revising definitions for purposes of

31         information resources management; defining the


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 1         terms "department" and "Florida Technology

 2         Council"; deleting the Agency Annual Enterprise

 3         Resource Planning and Management Report;

 4         deleting the State Annual Report on Enterprise

 5         Resource Planning and Management; providing for

 6         appointment of an agency chief information

 7         officer by the agency head; repealing s.

 8         282.005, F.S., relating to Legislative findings

 9         and intent; creating s. 282.0055, F.S.;

10         limiting actions by the Florida Technology

11         Council and the department which affect a

12         Cabinet officer; amending s. 282.102, F.S.;

13         removing provisions for the creation, powers,

14         and duties of the State Technology Office;

15         removing provisions for a Chief Information

16         Officer and a State Chief Privacy Officer;

17         removing provisions relating to information

18         technology and enterprise resource management;

19         providing powers, duties, and functions of the

20         Department of Management Services for operating

21         the statewide communications system;

22         transferring powers and duties relating to

23         communications systems from the State

24         Technology Office to the Department of

25         Management Services; authorizing the department

26         to adopt rules; authorizing the department to

27         set a fee for placement of certain

28         telecommunications facilities on state

29         property; creating s. 282.1065, F.S.;

30         authorizing the department to provide SUNCOM

31         services to hospitals or other facilities


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 1         licensed under ch. 395, F.S.; amending ss.

 2         282.103, 282.104, 282.105, 282.106, 282.107,

 3         282.1095, and 282.111, F.S., relating to the

 4         SUNCOM Network, the state agency law

 5         enforcement radio system and interoperability

 6         network, and the statewide system of regional

 7         law enforcement communications to conform

 8         references to changes made by the act; amending

 9         s. 282.20, F.S.; providing for operation and

10         management of the Technology Resource Center by

11         the Department of Management Services; amending

12         s. 282.21, F.S.; authorizing the department to

13         collect fees for providing remote electronic

14         access; removing provisions for collection of

15         such fees by the State Technology Office;

16         amending s. 282.22, F.S.; providing for

17         dissemination of materials, products,

18         information, and services acquired or developed

19         by or under the direction of the department;

20         removing reference to the State Technology

21         Office with respect to such materials,

22         products, information, and services; repealing

23         s. 282.23, F.S., relating to establishment of a

24         State Strategic Information Technology Alliance

25         for the acquisition and use of information

26         technology and related material; creating s.

27         282.3025, F.S.; providing for creation, powers,

28         and duties of the Florida Technology Council

29         within the Department of Management Services;

30         providing for a State Chief Information Officer

31         appointed by the Governor; providing for


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 1         development of a Statewide Information

 2         Technology Strategic Plan, enterprise

 3         information technology policies, standards,

 4         guidelines, and procedures, a model agency

 5         information technology investment management

 6         process and an information technology

 7         investment portfolio, and memoranda on

 8         recommended guidelines and best practices for

 9         information technology; providing for review

10         and recommendations to the Governor and the

11         Legislature regarding agency information

12         technology projects and plans; providing for

13         preparation of state reports and memoranda;

14         providing rulemaking authority; amending s.

15         282.3031, F.S.; deleting assignment of certain

16         information technology functions to the State

17         Technology Office; conforming terminology;

18         repealing s. 282.3032, F.S., relating to

19         guiding principles for development and

20         implementation of information systems; amending

21         s. 282.3055, F.S.; providing for appointment of

22         the agency chief information officer by the

23         agency head; providing for staffing and

24         supporting of an agency information technology

25         investment board; conforming terminology;

26         repealing s. 282.3063, F.S., relating to the

27         Agency Annual Enterprise Resource Planning and

28         Management Report; repealing s. 282.310, F.S.,

29         relating to the State Annual Report on

30         Enterprise Resource Planning and Management;

31         amending s. 282.315, F.S.; revising duties of


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 1         the Agency Chief Information Officers Council;

 2         providing for the council to assist the Florida

 3         Technology Council for certain purposes,

 4         identify opportunities to meet specified

 5         information technology guidelines, and make

 6         certain recommendations to the Florida

 7         Technology Council; providing for the

 8         appointment and terms of officers; amending s.

 9         282.318, F.S.; changing the popular name;

10         removing responsibility of the State Technology

11         Office; providing that each agency head is

12         responsible and accountable for ensuring an

13         adequate level of security for data and

14         information; providing for certain security

15         requirements to be determined by the

16         department; conforming terminology; amending s.

17         282.322, F.S., removing a procedure to monitor

18         certain information resources management

19         projects; amending ss. 365.171 and 365.172,

20         F.S., relating to statewide emergency telephone

21         number systems; designating duties of the State

22         Technology Office as duties of the Department

23         of Management Services; conforming requirements

24         with respect thereto; amending s. 445.049,

25         F.S., relating to the Digital Divide Council;

26         designating duties of the State Technology

27         Office as duties of the Department of

28         Management Services; providing an appropriation

29         and authorizing positions; requiring certain

30         notice with respect to budget actions;

31         providing an effective date.


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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Section 282.0051, Florida Statutes, is

 4  created to read:

 5         282.0051  Information technology management.--

 6         (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature

 7  finds that the state needs an information technology

 8  architecture to support the business needs of individual

 9  agencies while optimizing the state's collective use of

10  information technology through integration, coordination,

11  consolidation, and sharing. It is the intent of the

12  Legislature that:

13         (a)  The state shall make governmental information and

14  services more accessible to citizens by developing a statewide

15  internet portal presence, a state e-mail system, and state

16  security protocols.

17         (b)  Each state agency shall develop and implement

18  information technology in the best interest of the state by

19  whatever means are cost effective and efficient, are nonvendor

20  specific systems, and maximize use of shared data and

21  resources.

22         (c)  Agency information technology investments must be

23  governed responsibly, consistent with fiscal and substantive

24  policies established by the Legislature, and aligned with

25  business needs.

26         (2)  DEFINITIONS.--As used in this section, the term:

27         (a)  "Agency information technology investment

28  management" means an analytical decisionmaking process that is

29  used to systematically prioritize, select, and manage

30  information technology investments for the agency.

31  


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 1         (b)  "Information technology investment" means the cost

 2  associated with agency resources, hardware, software, or

 3  contracted services that are required to provide information

 4  technology services and to initiate approved information

 5  technology projects.

 6         (c)  "Information technology portfolio" means the

 7  aggregate list of information technology investments aligned

 8  with agency business needs.

 9         (d)  "Information technology services" means the

10  strategic and nonstrategic information technology services

11  used to enable agency business processes and as further

12  defined in the legislative budget instructions developed

13  pursuant to s. 216.023.

14         (e)  "Information technology services catalog" means a

15  report defining and describing each information technology

16  service.

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

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

19  controlling organizational and fiscal resources in order to

20  complete information technology projects.

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

22  agreement between a service provider and the agency which

23  describes each service to be provided and documents the

24  required service objectives and service levels for a service.

25  Service providers include external providers, internal

26  providers, and other agency providers.

27         (3)  AGENCY INFORMATION TECHNOLOGY INVESTMENT

28  MANAGEMENT PROCESS.--The agency information technology

29  investment management process shall be used as the primary

30  tool to support the information technology investment

31  decisions of each agency. The agency shall adopt the model


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 1  portfolio management process developed pursuant to s.

 2  282.3025(2)(d) and may adjust the model to meet

 3  agency-specific organizational needs subject to the approval

 4  of the Agency Chief Information Officers Council.

 5         (a)  The investment management process shall:

 6         1.  Be administered by the agency head and include

 7  executive managers from across the agency's program areas.

 8         2.  Define initiatives using a comprehensive, uniform

 9  format.

10         3.  Evaluate initiatives using an objective framework.

11         4.  Prioritize initiatives and match initiatives to

12  resources.

13         5.  Manage the portfolio and the process proactively.

14         (b)  Agency-approved initiatives which become

15  information technology projects are subject to the

16  requirements of subsection (4). New initiatives requiring

17  funding shall be submitted in the agency's legislative budget

18  request pursuant to s. 216.023.

19         (c)  The agency shall prepare an information technology

20  portfolio in a format prescribed in the legislative budget

21  instructions pursuant to s. 216.023. The portfolio shall

22  include, but need not be limited to:

23         1.  A summary statement of the agency's mission, goals,

24  and objectives for information technology which are supported

25  through the agency's information technology portfolio.

26         2.  Identification of projects and resources required

27  to meet the objectives of the portfolio.

28         3.  The agency information technology services catalog

29  with services linked to business processes or business needs.

30         4.  Implementation schedules estimating the time and

31  funding required to implement information technology projects.


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 1         5.  Funding needed to implement information technology

 2  services identified in the information technology services

 3  catalog.

 4         (d)  The agency shall submit its information technology

 5  portfolio as part of its legislative budget request in the

 6  manner and form prescribed in the legislative budget request

 7  instructions as provided in s. 216.023.

 8         (4)  INFORMATION TECHNOLOGY PROJECT MANAGEMENT.--

 9         (a)  Each agency shall implement the project management

10  methodology developed pursuant to s. 282.3025(2)(c). The

11  agency may make adjustment based on their specific

12  organizational needs and subject to the approval of the Agency

13  Chief Information Officers Council.

14         (b)  Information technology projects shall be

15  administered according to the following requirements:

16         1.  Projects that refresh desktop units or

17  infrastructure equipment with new technology that is similar

18  to the technology currently in use are exempt from the project

19  planning and reporting requirements in this section unless

20  otherwise specified in the General Appropriations Act.

21         2.  For projects with a total cost ranging from

22  $500,000 to $1,999,999, the agency must appoint a project

23  manager to ensure that needed project planning and management

24  requirements are fulfilled.

25         3.  For projects with a total cost ranging from

26  $500,000 to $2 million which involve routine hardware or

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

28  a project manager to timely deploy and implement the upgrade.

29  Should the project be considered high-risk, the project

30  manager shall ensure that needed project planning and

31  management requirements are fulfilled.


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 1         4.  For projects with a total cost ranging from $2

 2  million to $10 million, the agency must appoint a project

 3  manager to ensure that needed project planning and management

 4  requirements are fulfilled. For projects in this range which

 5  are determined to impact the general public or which affect an

 6  agency's organizational structure, business processes, or

 7  service delivery model, the agency must appoint a dedicated

 8  project manager and project management team to ensure that all

 9  project planning and management requirements are fulfilled.

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

11  million, the agency must appoint a dedicated project manager

12  and project management team to ensure that all project

13  planning and management requirements are fulfilled.

14         Section 2.  Section 20.22, Florida Statutes, is amended

15  to read:

16         20.22  Department of Management Services.--There is

17  created a Department of Management Services.

18         (1)  The head of the Department of Management Services

19  is the Secretary of Management Services, who shall be

20  appointed by the Governor, subject to confirmation by the

21  Senate, and shall serve at the pleasure of the Governor.

22         (2)  The following divisions and programs within the

23  Department of Management Services are established:

24         (a)  Facilities Program.

25         (b)  State Technology Program Office.

26         (c)  Workforce Program.

27         (d)1.  Support Program.

28         2.  Federal Property Assistance Program.

29         (e)  Administration Program.

30         (f)  Division of Administrative Hearings.

31         (g)  Division of Retirement.


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 1         (h)  Division of State Group Insurance.

 2         (i)  Florida Technology Council.

 3         (3)  The State Technology Office shall operate and

 4  manage the Technology Resource Center.

 5         (3)(4)  The duties of the Chief Labor Negotiator shall

 6  be determined by the Secretary of Management Services, and

 7  must include, but need not be limited to, the representation

 8  of the Governor as the public employer in collective

 9  bargaining negotiations pursuant to the provisions of chapter

10  447.

11         Section 3.  Section 186.022, Florida Statutes, is

12  repealed.

13         Section 4.  Section 216.0446, Florida Statutes, is

14  amended to read:

15         216.0446  Review of information resources management

16  needs.--

17         (1)  There is created within the Legislature the

18  Technology Review Workgroup. The workgroup and the State

19  Technology Office shall independently review and make

20  recommendations with respect to the portion of agencies'

21  long-range program plans which pertains to information

22  technology resources management needs and with respect to

23  agencies' legislative budget requests for information

24  technology and related resources. The Technology Review

25  Workgroup shall report such recommendations, together with the

26  findings and conclusions on which such recommendations are

27  based, to the Legislative Budget Commission. The State

28  Technology Office shall report such recommendations, together

29  with the findings and conclusions on which such

30  recommendations are based, to the Executive Office of the

31  


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 1  Governor and to the chairs of the legislative appropriations

 2  committees.

 3         (2)  In addition to its primary duty specified in

 4  subsection (1), the Technology Review Workgroup shall have

 5  powers and duties that include, but are not limited to, the

 6  following:

 7         (a)  To evaluate the information resource management

 8  needs identified in the agency long-range program plans for

 9  consistency with the Statewide Information Technology

10  Strategic Plan State Annual Report on Enterprise Resource

11  Planning and Management and statewide policies recommended by

12  the State Technology Office, and make recommendations to the

13  Legislative Budget Commission.

14         (b)  To review and make recommendations to the

15  Legislative Budget Commission on proposed budget amendments

16  and agency transfers associated with information technology

17  initiatives or projects that involve more than one agency,

18  that have an outcome that impacts another agency, that exceed

19  $500,000 in total cost over a 1-year period, or that are

20  requested by the Legislative Budget Commission to be reviewed.

21         Section 5.  Pursuant to section 216.351, Florida

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

23  Florida Statutes, is repealed.

24         Section 6.  Section 282.0041, Florida Statutes, is

25  amended to read:

26         282.0041  Definitions.--For the purposes of this part,

27  the term:

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

29  216.011(1)(qq).

30  

31  


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 1         (2)  "Agency Annual Enterprise Resource Planning and

 2  Management Report" means the report prepared by each agency

 3  chief information officer as required by s. 282.3063.

 4         (2)(3)  "Agency chief information officer" means the

 5  person appointed by the agency head State Technology Office to

 6  coordinate and manage the information technology policies and

 7  activities applicable to that agency.

 8         (3)(4)  "Agency Chief Information Officers Council"

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

10  sharing and coordination of information technology issues and

11  initiatives among the agencies.

12         (4)  "Department" means the Department of Management

13  Services.

14         (5)  "Florida Technology Council" or "council" means

15  the organization created in s. 282.3025.

16         (6)(7)  "Information technology" means equipment,

17  hardware, software, firmware, programs, systems, networks,

18  infrastructure, media, and related material used to

19  automatically, electronically, and wirelessly collect,

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

21  analyze, evaluate, process, classify, manipulate, manage,

22  assimilate, control, communicate, exchange, convert, converge,

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

24  form.

25         (7)(5)  "Information technology Enterprise resources

26  management infrastructure" means the hardware, software,

27  networks, data, human resources, policies, standards,

28  facilities, maintenance, and related materials and services

29  that are required to support the business processes of an

30  agency or state enterprise.

31  


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 1         (8)(6)  "Information technology Enterprise resource

 2  planning and management" means the planning, budgeting,

 3  acquiring, developing, organizing, directing, training,

 4  control, and related services associated with government

 5  information technology. The term encompasses information and

 6  related resources, as well as the controls associated with

 7  their acquisition, development, dissemination, and use.

 8         (9)(8)  "Project" means an undertaking directed at the

 9  implementation accomplishment of information technology to

10  achieve a strategic objective relating to enterprise resources

11  management or a specific appropriated program.

12         (9)  "State Annual Report on Enterprise Resource

13  Planning and Management" means the report prepared by the

14  State Technology Office as defined in s. 282.102.

15         (10)  "Standards" means the generally accepted

16  definitions for information technology which promotes the use

17  of current and, open, nonproprietary, or non-vendor-specific

18  technologies.

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

20  office created in s. 282.102.

21         (12)  "Total cost" means all costs associated with

22  information technology projects or initiatives, including, but

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

24  maintenance, incremental personnel, and facilities. Total cost

25  of a loan or gift of information technology resources to an

26  agency includes the fair market value of the resources, except

27  that the total cost of loans or gifts of information

28  technology to state universities to be used in instruction or

29  research does not include fair market value.

30         Section 7.  Section 282.005, Florida Statutes, is

31  repealed.


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 1         Section 8.  Section 282.0055, Florida Statutes, is

 2  created to read:

 3         282.0055  Limitation with respect to cabinet

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

 5  may not take action affecting the supervision, control,

 6  management, or coordination of information technology and

 7  information technology personnel that any cabinet officer

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

 9  necessary for the exercise of his or her statutory or

10  constitutional duties.

11         Section 9.  Section 282.102, Florida Statutes, is

12  amended to read:

13         282.102  Creation of the State Technology Office;

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

15  Technology Office within The powers and duties of the

16  department include Department of Management Services. The

17  office shall be a separate budget entity, and shall be headed

18  by a Chief Information Officer who is appointed by the

19  Governor and is in the Senior Management Service. The Chief

20  Information Officer shall be an agency head for all purposes.

21  The Department of Management Services shall provide

22  administrative support and service to the office to the extent

23  requested by the Chief Information Officer. The office may

24  adopt policies and procedures regarding personnel,

25  procurement, and transactions for State Technology Office

26  personnel. The office shall have the following powers, duties,

27  and functions:

28         (1)  To publish electronically the portfolio of

29  services available from the department office, including

30  pricing information; the policies and procedures of the

31  department office governing usage of available services; and a


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 1  forecast of the priorities and initiatives for the state

 2  communications system for the ensuing 2 years.

 3         (2)  To adopt rules implementing policies and

 4  procedures providing best practices to be followed by agencies

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

 6  disposing of information technology.

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

 8  enterprise resource planning and management for the agency.

 9         (2)(4)  To advise and render aid to state agencies and

10  political subdivisions of the state as to systems or methods

11  to be used for organizing and meeting communications

12  information technology requirements efficiently and

13  effectively.

14         (5)  To integrate the information technology systems

15  and services of state agencies.

16         (3)(6)  To adopt technical standards for the state

17  communications information technology system which will assure

18  the interconnection of computer networks and information

19  systems of agencies.

20         (4)(7)  To assume management responsibility for any

21  consolidated communications system integrated information

22  technology system or service when determined jointly by the

23  department and the agency office to be economically efficient

24  or performance-effective.

25         (5)(8)  To enter into agreements related to information

26  technology with state agencies and political subdivisions of

27  the state for services provided herein.

28         (6)(9)  To use and acquire, with agency concurrence,

29  communications facilities information technology now owned or

30  operated by any agency.

31  


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 1         (7)(10)  To purchase from or contract with information

 2  technology providers for communications facilities and

 3  services information technology, including private line

 4  services.

 5         (8)(11)  To apply for, receive, and hold, and to assist

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

 7  authorizations, patents, copyrights, trademarks, service

 8  marks, licenses, and allocations or channels and frequencies

 9  to carry out the purposes of this part.

10         (9)(12)  To purchase, lease, or otherwise acquire and

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

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

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

14  marks.

15         (10)(13)  To cooperate with any federal, state, or

16  local emergency management agency in providing for emergency

17  communications services.

18         (11)(14)  To delegate, as necessary, to state agencies

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

20  use communications equipment, facilities, and services

21  information technology or, as necessary, to control and

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

23  communications equipment, services, and facilities information

24  technology, including, but not limited to, communications

25  services provided as part of any other total system to be used

26  by the state or any of its agencies.

27         (12)(15)  To acquire ownership, possession, custody,

28  and control of existing communications equipment and

29  facilities, including all right, title, interest, and equity

30  therein, as necessary, to carry out the purposes of this part.

31  However, the provisions of this subsection shall in no way


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 1  affect the rights, title, interest, or equity in any such

 2  equipment or facilities owned by, or leased to, the state or

 3  any state agency by any telecommunications company.

 4         (13)(16)  To adopt rules pursuant to ss. 120.536(1) and

 5  120.54 relating to information technology and to administer

 6  the provisions of this part.

 7         (14)(17)  To provide a means whereby political

 8  subdivisions of the state may use state information technology

 9  systems upon such terms and under such conditions as the

10  department office may establish.

11         (15)(18)  To apply for and accept federal funds for any

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

13  from individuals, foundations, and private organizations.

14         (16)(19)  To monitor issues relating to communications

15  facilities and services before the Florida Public Service

16  Commission and, when necessary, prepare position papers,

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

18  on behalf of state agencies in proceedings before the

19  commission.

20         (17)(20)  Unless delegated to the agencies by the Chief

21  Information Officer, to manage and control, but not intercept

22  or interpret, communications within the SUNCOM Network by:

23         (a)  Establishing technical standards to physically

24  interface with the SUNCOM Network.

25         (b)  Specifying how communications are transmitted

26  within the SUNCOM Network.

27         (c)  Controlling the routing of communications within

28  the SUNCOM Network.

29         (d)  Establishing standards, policies, and procedures

30  for access to the SUNCOM Network.

31  


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 1         (e)  Ensuring orderly and reliable communications

 2  services in accordance with the service level agreements

 3  executed with state agencies.

 4         (18)(21)  To plan, design, and conduct experiments for

 5  information technology services, equipment, and technologies,

 6  and to implement enhancements in the state information

 7  technology system when in the public interest and

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

 9  from SUNCOM Network service revenues and shall not exceed 2

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

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

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

13  affect existing rates for facilities or services.

14         (19)(22)  To enter into contracts or agreements, with

15  or without competitive bidding or procurement, to make

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

17  property and other structures under department office control

18  for the placement of new facilities by any wireless provider

19  of mobile service as defined in 47 U.S.C. s. 153(n) or s.

20  332(d) and any telecommunications company as defined in s.

21  364.02 when it is determined to be practical and feasible to

22  make such property or other structures available. The

23  department office may, without adopting a rule, charge a just,

24  reasonable, and nondiscriminatory fee for the placement of the

25  facilities, payable annually, based on the fair market value

26  of space used by comparable communications facilities in the

27  state. The department office and a wireless provider or

28  telecommunications company may negotiate the reduction or

29  elimination of a fee in consideration of services provided to

30  the department office by the wireless provider or

31  telecommunications company. All such fees collected by the


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 1  department office shall be deposited directly into the Law

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

 3  department office to construct, maintain, or support the

 4  system.

 5         (20)(23)  To provide an integrated electronic system

 6  for deploying government products, services, and information

 7  to individuals and businesses which reflects cost-effective

 8  deployment strategies in keeping with industry standards and

 9  practices and includes protections and security of private

10  information as well as maintenance of public records.

11         (a)  The integrated electronic system shall reflect

12  cost-effective deployment strategies in keeping with industry

13  standards and practices, including protections and security of

14  private information as well as maintenance of public records.

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

16  fiscal accountability for the integrated electronic system and

17  shall establish the organizational structure required to

18  implement this system.

19         (24)  To provide administrative support to the Agency

20  Chief Information Officers Council and other workgroups

21  created by the Chief Information Officer.

22         (25)  To facilitate state information technology

23  education and training for senior management and other agency

24  staff.

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

26  the Governor, memoranda on recommended guidelines and best

27  practices for information resources management, when

28  requested.

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

30  Annual Report on Enterprise Resource Planning and Management

31  under s. 282.310.


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

 2  Governor and Legislature on the feasibility of implementing

 3  online voting in this state.

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

 5  point in this state, as needed.

 6         (30)  To designate a State Chief Privacy Officer who

 7  shall be responsible for the continual review of policies,

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

 9  the privacy concerns of state residents.

10         Section 10.  Section 282.103, Florida Statutes, is

11  amended to read:

12         282.103  SUNCOM Network; exemptions from the required

13  use.--

14         (1)  There is created within the Department of

15  Management Services State Technology Office the SUNCOM Network

16  which shall be developed to serve as the state communications

17  system for providing local and long-distance communications

18  services to state agencies, political subdivisions of the

19  state, municipalities, state universities, and nonprofit

20  corporations pursuant to ss. 282.101-282.111. The SUNCOM

21  Network shall be developed to transmit all types of

22  communications signals, including, but not limited to, voice,

23  data, video, image, and radio. State agencies shall cooperate

24  and assist in the development and joint use of communications

25  systems and services.

26         (2)  The department State Technology Office shall

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

28  ownership, commercial leasing, or some combination thereof,

29  the facilities and equipment providing SUNCOM Network

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

31  charges for communication services.


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 1         (3)  All state agencies and state universities are

 2  required to use the SUNCOM Network for agency and state

 3  university communications services as the services become

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

 5  responsibility for maintaining communications services

 6  necessary for effective management of its programs and

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

 8  communications requirements of an agency or university, the

 9  agency or university shall notify the department State

10  Technology Office in writing and detail the requirements for

11  that communications service. If the department office is

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

13  enhancing SUNCOM Network service, the department office may

14  grant the agency or university an exemption from the required

15  use of specified SUNCOM Network services.

16         Section 11.  Section 282.104, Florida Statutes, is

17  amended to read:

18         282.104  Use of state SUNCOM Network by

19  municipalities.--Any municipality may request the department

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

21  Network's portfolio of communications services upon such terms

22  and under such conditions as the department office may

23  establish. The requesting municipality shall pay its share of

24  installation and recurring costs according to the published

25  rates for SUNCOM Network services and as invoiced by the

26  department office. Such municipality shall also pay for any

27  requested modifications to existing SUNCOM Network services,

28  if any charges apply.

29         Section 12.  Section 282.105, Florida Statutes, is

30  amended to read:

31  


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 1         282.105  Use of state SUNCOM Network by nonprofit

 2  corporations.--

 3         (1)  The department State Technology Office shall

 4  provide a means whereby private nonprofit corporations under

 5  contract with state agencies or political subdivisions of the

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

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

 8  state SUNCOM Network, a nonprofit corporation shall:

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

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

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

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

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

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

15  SUNCOM Network services are requested.

16         (2)  Each nonprofit corporation seeking authorization

17  to use the state SUNCOM Network pursuant to this section shall

18  provide to the department office, upon request, proof of

19  compliance with subsection (1).

20         (3)  Nonprofit corporations established pursuant to

21  general law and an association of municipal governments which

22  is wholly owned by the municipalities shall be eligible to use

23  the state SUNCOM Network, subject to the terms and conditions

24  of the department office.

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  


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 1         (5)  Private, nonprofit elementary and secondary

 2  schools shall be eligible for rates and services on the same

 3  basis as public schools, providing these nonpublic schools do

 4  not have an endowment in excess of $50 million.

 5         Section 13.  Section 282.106, Florida Statutes, is

 6  amended to read:

 7         282.106  Use of SUNCOM Network by libraries.--The

 8  department State Technology Office may provide SUNCOM Network

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

10  public schools, community colleges, state universities, and

11  nonprofit private postsecondary educational institutions, and

12  libraries owned and operated by municipalities and political

13  subdivisions.

14         Section 14.  Section 282.1065, Florida Statutes, is

15  created to read:

16         282.1065  Use of SUNCOM Network by hospitals.--The

17  department may provide SUNCOM Network services to hospitals or

18  other facilities licensed under chapter 395 and their state

19  associations who currently contract with or provide services

20  on behalf of state or local governments.

21         Section 15.  Section 282.107, Florida Statutes, is

22  amended to read:

23         282.107  SUNCOM Network; criteria for usage.--

24         (1)  The department State Technology Office shall

25  periodically review the qualifications of subscribers using

26  the state SUNCOM Network and shall terminate services provided

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

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

29  invoices by subscribers whose SUNCOM Network invoices are paid

30  from sources other than legislative appropriations, such

31  


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 1  nonpayment represents good and sufficient reason to terminate

 2  service.

 3         (2)  The department State Technology Office shall adopt

 4  rules setting forth its procedures for withdrawing and

 5  restoring authorization to use the state SUNCOM Network. Such

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

 7  parties prior to termination of voice communications service.

 8         (3)  Nothing in this section shall be construed to

 9  limit or restrict the ability of the Florida Public Service

10  Commission to set jurisdictional tariffs of telecommunications

11  companies.

12         Section 16.  Section 282.1095, Florida Statutes, is

13  amended to read:

14         282.1095  State agency law enforcement radio system and

15  interoperability network.--

16         (1)  The department State Technology Office may acquire

17  and implement a statewide radio communications system to serve

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

19  law enforcement agencies through mutual aid channels. The

20  Joint Task Force on State Agency Law Enforcement

21  Communications is established in the department State

22  Technology Office to advise the department office of

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

24  establishment of the joint system. The State Agency Law

25  Enforcement Radio System Trust Fund is established in the

26  department State Technology Office. The trust fund shall be

27  funded from surcharges collected under ss. 320.0802 and

28  328.72.

29         (2)(a)  The Joint Task Force on State Agency Law

30  Enforcement Communications shall consist of eight members, as

31  follows:


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 1         1.  A representative of the Division of Alcoholic

 2  Beverages and Tobacco of the Department of Business and

 3  Professional Regulation who shall be appointed by the

 4  secretary of the department.

 5         2.  A representative of the Division of Florida Highway

 6  Patrol of the Department of Highway Safety and Motor Vehicles

 7  who shall be appointed by the executive director of the

 8  department.

 9         3.  A representative of the Department of Law

10  Enforcement who shall be appointed by the executive director

11  of the department.

12         4.  A representative of the Fish and Wildlife

13  Conservation Commission who shall be appointed by the

14  executive director of the commission.

15         5.  A representative of the Division of Law Enforcement

16  of the Department of Environmental Protection who shall be

17  appointed by the secretary of the department.

18         6.  A representative of the Department of Corrections

19  who shall be appointed by the secretary of the department.

20         7.  A representative of the Division of State Fire

21  Marshal of the Department of Financial Services who shall be

22  appointed by the State Fire Marshal.

23         8.  A representative of the Department of

24  Transportation who shall be appointed by the secretary of the

25  department.

26         (b)  Each appointed member of the joint task force

27  shall serve at the pleasure of the appointing official. Any

28  vacancy on the joint task force shall be filled in the same

29  manner as the original appointment. Any joint task force

30  member may, upon notification to the chair prior to the

31  beginning of any scheduled meeting, appoint an alternative to


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 1  represent the member on the task force and vote on task force

 2  business in his or her absence.

 3         (c)  The joint task force shall elect a chair from

 4  among its members to serve a 1-year term. A vacancy in the

 5  chair of the joint task force must be filled for the remainder

 6  of the unexpired term by an election of the joint task force

 7  members.

 8         (d)  The joint task force shall meet as necessary, but

 9  at least quarterly, at the call of the chair and at the time

10  and place designated by him or her.

11         (e)  The per diem and travel expenses incurred by a

12  member of the joint task force in attending its meetings and

13  in attending to its affairs shall be paid pursuant to s.

14  112.061, from funds budgeted to the state agency that the

15  member represents.

16         (f)  The department State Technology Office is hereby

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

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

19  sublease ground space as necessary to locate equipment to

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

21  space shall be established by the department office for each

22  site, when it is determined to be practicable and feasible to

23  make space available. The department office may refuse to

24  lease space on any tower at any site. All moneys collected by

25  the department office for such rents, leases, and subleases

26  shall be deposited directly into the Law Enforcement Radio

27  Operating Trust Fund and may be used by the department office

28  to construct, maintain, or support the system.

29         (g)  The department State Technology Office is hereby

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

31  acquired by the department office for the construction of


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 1  privately owned or publicly owned towers. The department

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

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

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

 5  state agency law enforcement radio system or any other state

 6  need. The positions necessary for the department office to

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

 8  shall be established in the General Appropriations Act and

 9  shall be funded by the Law Enforcement Radio Operating Trust

10  Fund or other revenue sources.

11         (h)  The department State Technology Office may make

12  the mutual aid channels in the statewide radio communications

13  system available to federal agencies, state agencies, and

14  agencies of the political subdivisions of the state for the

15  purpose of public safety and domestic security. The department

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

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

18  channels. The department office shall, in implementing such

19  powers and duties, act in consultation and conjunction with

20  the Department of Law Enforcement and the Division of

21  Emergency Management of the Department of Community Affairs,

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

23  manner that reasonably addresses the needs and concerns of the

24  involved law enforcement agencies and emergency response

25  agencies and entities.

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

27  be used by the department office to acquire by competitive

28  procurement the equipment; software; and engineering,

29  administrative, and maintenance services it needs to

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

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


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

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

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

 4  department office to provide for payment of the recurring

 5  maintenance costs of the system.

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

 7  with the Department of Law Enforcement and the Division of

 8  Emergency Management of the Department of Community Affairs,

 9  establish policies, procedures, and standards which shall be

10  incorporated into a comprehensive management plan for the use

11  and operation of the statewide radio communications system.

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

13  department office, shall have the authority to permit other

14  state agencies to use the communications system, under terms

15  and conditions established by the joint task force.

16         (5)  The department office shall provide technical

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

18  responsibility for the design, engineering, acquisition, and

19  implementation of the statewide radio communications system

20  and for ensuring the proper operation and maintenance of all

21  system common equipment.

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

23  create and implement an interoperability network to enable

24  interoperability between various radio communications

25  technologies and to serve federal agencies, state agencies,

26  and agencies of political subdivisions of the state for the

27  purpose of public safety and domestic security. The department

28  office shall, in conjunction with the Department of Law

29  Enforcement and the Division of Emergency Management of the

30  Department of Community Affairs, exercise its powers and

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


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 1  administer the interoperability network. The department office

 2  may:

 3         1.  Enter into mutual aid agreements among federal

 4  agencies, state agencies, and political subdivisions of the

 5  state for the use of the interoperability network.

 6         2.  Establish the cost of maintenance and operation of

 7  the interoperability network and charge subscribing federal

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

 9  network. The department State Technology Office may not charge

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

11  to use the network.

12         3.  In consultation with the Department of Law

13  Enforcement and the Division of Emergency Management of the

14  Department of Community Affairs, amend and enhance the

15  statewide radio communications system as necessary to

16  implement the interoperability network.

17         (b)  The department State Technology Office, in

18  consultation with the Joint Task Force on State Agency Law

19  Enforcement Communications, and in conjunction with the

20  Department of Law Enforcement and the Division of Emergency

21  Management of the Department of Community Affairs, shall

22  establish policies, procedures, and standards to incorporate

23  into a comprehensive management plan for the use and operation

24  of the interoperability network.

25         Section 17.  Section 282.111, Florida Statutes, is

26  amended to read:

27         282.111  Statewide system of regional law enforcement

28  communications.--

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

30  that a statewide system of regional law enforcement

31  communications be developed whereby maximum efficiency in the


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

 2  more effectively with the apprehension of criminals and the

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

 4  enforcement agencies within the state are directed to provide

 5  the department State Technology Office with any information

 6  the department office requests for the purpose of implementing

 7  the provisions of subsection (2).

 8         (2)  The department State Technology Office is hereby

 9  authorized and directed to develop and maintain a statewide

10  system of regional law enforcement communications. In

11  formulating such a system, the department office shall divide

12  the state into appropriate regions and shall develop a program

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

14  provisions:

15         (a)  The communications requirements for each county

16  and municipality comprising the region.

17         (b)  An interagency communications provision which

18  shall depict the communication interfaces between municipal,

19  county, and state law enforcement entities which operate

20  within the region.

21         (c)  Frequency allocation and use provision which shall

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

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

24  half-duplex, on each channel.

25         (3)  The department office shall adopt any necessary

26  rules and regulations for implementing and coordinating the

27  statewide system of regional law enforcement communications.

28         (4)  The secretary of the Department of Management

29  Services Chief Information Officer of the State Technology

30  Office or his or her designee is designated as the director of

31  the statewide system of regional law enforcement


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 1  communications and, for the purpose of carrying out the

 2  provisions of this section, is authorized to coordinate the

 3  activities of the system with other interested state agencies

 4  and local law enforcement agencies.

 5         (5)  No law enforcement communications system shall be

 6  established or present system expanded without the prior

 7  approval of the department State Technology Office .

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

 9  Department of Law Enforcement is encouraged to lend assistance

10  to the department State Technology Office in the development

11  of the statewide system of regional law enforcement

12  communications proposed by this section.

13         Section 18.  Section 282.20, Florida Statutes, is

14  amended to read:

15         282.20  Technology Resource Center.--

16         (1)(a)  The Department of Management Services State

17  Technology Office shall operate and manage the Technology

18  Resource Center.

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

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

21  information-processing facility offering hardware, software,

22  operations, integration, networking, and consulting services.

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

24  which is authorized to utilize the SUNCOM Network pursuant to

25  this part.

26         (2)  The Technology Resource Center shall:

27         (a)  Serve the department office and other customers as

28  an information-system utility.

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

30  support a wide range of services and applications needed by

31  users of the Technology Resource Center.


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 1         (c)  Cooperate with the Florida Legal Resource Center

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

 3  develop and provide access to repositories of legal

 4  information throughout the state.

 5         (d)  Cooperate with the department office to facilitate

 6  interdepartmental networking and integration of network

 7  services for its customers.

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

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

10  the state.

11         (3)  The department office may contract with customers

12  to provide any combination of services necessary for agencies

13  to fulfill their responsibilities and to serve their users.

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

15  establish pilot projects for, and conduct experiments with

16  information technology resources, and may implement

17  enhancements in services when such implementation is

18  cost-effective. Funding for experiments and pilot projects

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

20  percent of the service revenues for the Technology Resource

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

22  project, plan, or design must be approved by the secretary of

23  the department Chief Information Officer.

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

25  Technology Resource Center may spend funds in the reserve

26  account of the Technology Enterprise Operating Trust Fund for

27  enhancements to center operations or for information

28  technology resources. Any expenditure of reserve account funds

29  must be approved by the secretary of the department Chief

30  Information Officer. Any funds remaining in the reserve

31  account at the end of the fiscal year may be carried forward


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 1  and spent as approved by the secretary Chief Information

 2  Officer, provided that such approval conforms to any

 3  applicable provisions of chapter 216.

 4         Section 19.  Section 282.21, Florida Statutes, is

 5  amended to read:

 6         282.21  The State Technology Office's Electronic access

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

 8  Office may collect fees for providing remote electronic access

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

10  individual transactions or as a fixed subscription for a

11  designated period of time. All fees collected under this

12  section shall be deposited in the appropriate trust fund of

13  the program or activity that made the remote electronic access

14  available.

15         Section 20.  Section 282.22, Florida Statutes, is

16  amended to read:

17         282.22  State Technology Office; Production,

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

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

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

21  developed by or under the direction of the department State

22  Technology Office, through research and development or other

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

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

25  local government entities at the earliest practicable date and

26  in the most economical and efficient manner possible and

27  consistent with chapter 119.

28         (2)  To accomplish this objective the department may

29  office is authorized to publish or partner with private sector

30  entities to produce or have produced materials and products

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


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 1  department may office is authorized to charge an amount or

 2  receive value-added services adequate to cover the essential

 3  cost of producing and disseminating such materials,

 4  information, services, or products and is authorized to sell

 5  services.

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

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

 8  practicable or feasible for the department office to produce

 9  or have produced materials and products so developed, it is

10  authorized, after review and approval by the Executive Office

11  of the Governor, to license, lease, assign, sell, or otherwise

12  give written consent to any person, firm, or corporation for

13  the manufacture or use thereof, on a royalty basis, or for

14  such other consideration as the department deems office shall

15  deem proper and in the best interest of the state; the

16  department shall office is authorized and directed to protect

17  same against improper or unlawful use or infringement and to

18  enforce the collection of any sums due for the manufacture or

19  use thereof by any other party.

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

21  products or other money collected pursuant to this section

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

23  the department office and, when properly budgeted as approved

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

25  used to pay the cost of producing and disseminating materials

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

27         Section 21.  Section 282.23, Florida Statutes, is

28  repealed.

29         Section 22.  Section 282.3025, Florida Statutes, is

30  created to read:

31  


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 1         282.3025  Florida Technology Council; powers and

 2  duties.--

 3         (1)  There is created a Florida Technology Council

 4  within the Department of Management Services. The council

 5  shall be headed by a State Chief Information Officer who is

 6  appointed by the Governor. The Department of Management

 7  Services shall provide administrative support and services to

 8  the council.

 9         (2)  The council shall have the following powers,

10  duties, and functions:

11         (a)  Develop and submit by January 15, 2006, a

12  Statewide Information Technology Strategic Plan consistent

13  with the provisions of s. 282.0051(1), and in consultation

14  with the Agency Chief Information Officers Council. The plan

15  must include, but need not be limited to, a description and

16  recommendations as to how the state can deploy information

17  technology that:

18         1.  Aligns state information technology resources and

19  assets to achieve an enterprise perspective and focus state

20  investments on initiatives that provide significant

21  improvements in statewide service delivery and business

22  operations.

23         2.  Makes state governmental information and services

24  more accessible to residents and the state's clients.

25         3.  Improves governmental efficiency and

26  cost-effectiveness.

27         4.  Improves security and performance of the state's

28  information technology infrastructure.

29         5.  Makes recommendations for changes to the statutes

30  which promote the findings of the report.

31  


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 1         (b)  Develop enterprise information technology

 2  policies, standards, guidelines, and procedures in

 3  consultation with and subject to the approval of the Agency

 4  Chief Information Officers Council and the department, and in

 5  consultation with the Technology Review Workgroup, relating to

 6  enterprise architecture, enterprise Internet portal, business

 7  continuity and disaster recovery, security, computing,

 8  networks, desktop equipment, and communications.

 9         (c)  Recommend, in consultation with the Agency Chief

10  Information Officers Council and the Technology Review

11  Workgroup, and subject to the approval of the Agency Chief

12  Information Officers Council, a project management methodology

13  for use by the agencies to meet the provisions of s. 282.0051.

14  The methodology shall be adopted by September 30, 2005, for

15  distribution to the agencies.

16         (d)  Develop, in consultation with the Agency Chief

17  Information Officers Council and the Technology Review

18  Workgroup, and subject to the approval of the Agency Chief

19  Information Officers Council, a model agency information

20  technology investment management process and an information

21  technology investment portfolio. The model process shall be

22  adopted by September 30, 2005, for distribution to the

23  agencies.

24         (e)  Review recommendations made by the Agency Chief

25  Information Officers Council for improving information

26  technology in agencies or the state and make recommendations

27  to the Governor and the Legislature for consideration during

28  legislative session.

29         (f)  Review each agency information technology

30  investment portfolio and make recommendations to the Governor

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 1  and the Legislature regarding opportunities consistent with s.

 2  282.0051(1).

 3         (g)  Prepare, on behalf of the Executive Office of the

 4  Governor, memoranda on recommended guidelines and best

 5  practices for information technology, when requested.

 6         (3)  The Florida Technology Council may adopt rules

 7  pursuant to ss. 120.536(1) and 120.54 to administer the

 8  provisions of this section.

 9         Section 23.  Section 282.3031, Florida Statutes, is

10  amended to read:

11         282.3031  Assignment of information technology planning

12  and resources management responsibilities.--For purposes of

13  ss. 282.3032-282.322 282.303-282.322, to ensure the best

14  management of state information technology resources, and

15  notwithstanding other provisions of law to the contrary, the

16  functions of information technology planning and resources

17  management are assigned to the university boards of trustees

18  for the development and implementation of planning,

19  management, rulemaking, standards, and guidelines for the

20  state universities; to the community college boards of

21  trustees for establishing and developing rules for the

22  community colleges; to the Supreme Court for the judicial

23  branch; to each state attorney and public defender; and to the

24  agency head State Technology Office for the agencies within

25  the executive branch of state government.

26         Section 24.  Section 282.3032, Florida Statutes, is

27  repealed.

28         Section 25.  Section 282.3055, Florida Statutes, is

29  amended to read:

30         282.3055  Agency chief information officer;

31  appointment; duties.--


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 1         (1)(a)  To assist the agency head State Technology

 2  Officer in carrying out information technology the enterprise

 3  resource planning and management responsibilities, the agency

 4  head Chief Information Officer may appoint or contract for an

 5  agency chief information officer. This position may be full

 6  time or part time.

 7         (b)  The agency chief information officer must, at a

 8  minimum, have knowledge and experience in both management and

 9  information technology resources.

10         (2)  The duties of the agency chief information officer

11  include, but are not limited to:

12         (a)  Coordinating and facilitating agency information

13  technology enterprise resource planning and management

14  projects and initiatives.

15         (b)  Preparing the an agency annual information

16  technology investment portfolio report on enterprise resource

17  planning and management pursuant to the provisions of s.

18  282.0051 s. 282.3063.

19         (c)  Developing and implementing agency information

20  technology enterprise resource planning and management

21  policies, procedures, guidelines, and standards consistent

22  with statewide policies, procedures, guidelines, and

23  standards, including specific policies and procedures for

24  review and approval of the agency's purchases of information

25  technology resources in accordance with the office's policies

26  and procedures.

27         (d)  Advising agency senior management as to the

28  information technology enterprise resource planning and

29  management and the information technology investment needs of

30  the agency for inclusion in planning documents required by

31  law.


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 1         (e)  Staffing and supporting an agency information

 2  technology investment management process.

 3         (e)  Assisting in the development and prioritization of

 4  the enterprise resource planning and management schedule of

 5  the agency's legislative budget request.

 6         Section 26.  Section 282.3063, Florida Statutes, is

 7  repealed.

 8         Section 27.  Section 282.310, Florida Statutes, is

 9  repealed.

10         Section 28.  Section 282.315, Florida Statutes, is

11  amended to read:

12         282.315  Agency Chief Information Officers Council;

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

14  consensus building, coordination, and facilitation of

15  statewide enterprise information technology resource planning

16  and management issues are is essential to improving state

17  management of such resources.

18         (1)  There is created an Agency Chief Information

19  Officers Council to:

20         (a)  Enhance communication among the agency chief

21  information officers and the Florida Technology Council by

22  sharing enterprise resource planning and management

23  experiences and exchanging ideas.

24         (b)  Identify and recommend Facilitate the sharing of

25  best practices that are characteristic of highly successful

26  technology organizations, as well as exemplary information

27  technology applications of state agencies, and assist the

28  Florida Technology Council in the development of policies,

29  standards, guidelines, and procedures for use by all state

30  agencies.

31  


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 1         (c)  Identify efficiency opportunities among state

 2  agencies to fulfill the guidelines in s. 282.3032 and make

 3  recommendations for action to the Florida Technology Council.

 4         (d)  Serve as an educational forum for enterprise

 5  information technology resource planning and management

 6  issues.

 7         (e)  Identify Assist the State Technology Office in

 8  identifying critical statewide issues and, when appropriate,

 9  make recommendations to the Florida Technology Council for

10  solving information technology enterprise resource planning

11  and management deficiencies.

12         (2)  Members of the council shall include the agency

13  chief information officers, including the chief information

14  officers of the agencies and governmental entities enumerated

15  in s. 282.3031, except that there shall be one chief

16  information officer selected by the state attorneys and one

17  chief information officer selected by the public defenders.

18  The chairs, or their designees, of the Florida Financial

19  Management Information System Coordinating Council, the

20  Criminal and Juvenile Justice Information Systems Council, and

21  the Health Information Systems Council shall represent their

22  respective organizations on the Agency Chief Information

23  Officers Council as voting members. The council shall appoint

24  a chair, a vice chair, and a secretary from its members to

25  serve a 1-year term each. The council shall establish

26  procedures to govern council business.

27         (3)  The Florida Technology Council State Technology

28  Office shall provide administrative support to the council.

29         Section 29.  Section 282.318, Florida Statutes, is

30  amended to read:

31  


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 1         282.318  Security of data and information technology

 2  resources.--

 3         (1)  This section may be cited as the "Security of Data

 4  and Information Technology Infrastructure Resources Act."

 5         (2)(a)  The State Technology Office, in consultation

 6  with Each agency head, is responsible and accountable for

 7  assuring an adequate level of security for all data and

 8  information technology infrastructure resources of each agency

 9  and, to carry out this responsibility, shall, at a minimum:

10         1.  Designate an information security manager who shall

11  administer the security program of each agency for its data

12  and information technology resources.

13         2.  Conduct, and periodically update, a comprehensive

14  risk analysis to determine the security threats to the data

15  and information technology infrastructure resources of each

16  agency. The risk analysis information is confidential and

17  exempt from the provisions of s. 119.07(1), except that such

18  information shall be available to the Auditor General in

19  performing his or her postauditing duties.

20         3.  Develop, and periodically update, written internal

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

22  information technology infrastructure resources of each

23  agency. The internal policies and procedures which, if

24  disclosed, could facilitate the unauthorized modification,

25  disclosure, or destruction of data or information technology

26  infrastructure resources are confidential information and

27  exempt from the provisions of s. 119.07(1), except that such

28  information shall be available to the Auditor General in

29  performing his or her postauditing duties.

30         4.  Implement appropriate cost-effective safeguards to

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


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 1  data and information technology infrastructure resources of

 2  each agency.

 3         5.  Ensure that periodic internal audits and

 4  evaluations of each security program for the data and

 5  information technology infrastructure resources of the agency

 6  are conducted. The results of such internal audits and

 7  evaluations are confidential information and exempt from the

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

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

10  postauditing duties.

11         6.  Include appropriate security requirements, as

12  determined by the agency State Technology Office, in

13  consultation with the Department of Law Enforcement each

14  agency head, in the written specifications for the

15  solicitation of information technology resources.

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

17  Technology Office develops state contracts for use by state

18  agencies, the department office shall include appropriate

19  security requirements in the specifications for the

20  solicitation for state contracts for procuring information

21  technology infrastructure resources.

22         Section 30.  Section 282.322, Florida Statutes, is

23  amended to read:

24         282.322  Special monitoring process for designated

25  information resources management projects.--

26         (1)  For each information resources management project

27  which is designated for special monitoring in the General

28  Appropriations Act, with a proviso requiring a contract with a

29  project monitor, the Technology Review Workgroup established

30  pursuant to s. 216.0446, in consultation with each affected

31  agency, shall be responsible for contracting with the project


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 1  monitor. Upon contract award, funds equal to the contract

 2  amount shall be transferred to the Technology Review Workgroup

 3  upon request and subsequent approval of a budget amendment

 4  pursuant to s. 216.292. With the concurrence of the

 5  Legislative Auditing Committee, the office of the Auditor

 6  General shall be the project monitor for other projects

 7  designated for special monitoring. However, nothing in this

 8  section precludes the Auditor General from conducting such

 9  monitoring on any project designated for special monitoring.

10  In addition to monitoring and reporting on significant

11  communications between a contracting agency and the

12  appropriate federal authorities, the project monitoring

13  process shall consist of evaluating each major stage of the

14  designated project to determine whether the deliverables have

15  been satisfied and to assess the level of risks associated

16  with proceeding to the next stage of the project. The major

17  stages of each designated project shall be determined based on

18  the agency's information systems development methodology.

19  Within 20 days after an agency has completed a major stage of

20  its designated project or at least 90 days, the project

21  monitor shall issue a written report, including the findings

22  and recommendations for correcting deficiencies, to the agency

23  head, for review and comment. Within 20 days after receipt of

24  the project monitor's report, the agency head shall submit a

25  written statement of explanation or rebuttal concerning the

26  findings and recommendations of the project monitor, including

27  any corrective action to be taken by the agency. The project

28  monitor shall include the agency's statement in its final

29  report, which shall be forwarded, within 7 days after receipt

30  of the agency's statement, to the agency head, the inspector

31  general's office of the agency, the Executive Office of the


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 1  Governor, the appropriations committees of the Legislature,

 2  the Joint Legislative Auditing Committee, the Technology

 3  Review Workgroup, the President of the Senate, the Speaker of

 4  the House of Representatives, and the Office of Program Policy

 5  Analysis and Government Accountability. The Auditor General

 6  shall also receive a copy of the project monitor's report for

 7  those projects in which the Auditor General is not the project

 8  monitor.

 9         (2)  The Enterprise Project Management Office of the

10  State Technology Office shall report any information

11  technology projects the office identifies as high-risk to the

12  Executive Office of the Governor, the President of the Senate,

13  the Speaker of the House of Representatives, and the chairs of

14  the appropriations committees. Within the limits of current

15  appropriations, the Enterprise Project Management Office shall

16  monitor and report on such high-risk information technology

17  projects, and assess the levels of risks associated with

18  proceeding to the next stage of the project.

19         Section 31.  Paragraph (a) of subsection (3),

20  subsections (4), (5), (7), (9), (10), and (12), and paragraph

21  (a) of subsection (13) of section 365.171, Florida Statutes,

22  are amended to read:

23         365.171  Emergency telephone number "911."--

24         (3)  DEFINITIONS.--As used in this section:

25         (a)  "Department Office" means the Department of

26  Management Services State Technology Office.

27         (4)  STATE PLAN.--The department office shall develop a

28  statewide emergency telephone number "911" system plan. The

29  plan shall provide for:

30  

31  


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 1         (a)  The establishment of the public agency emergency

 2  telephone communications requirements for each entity of local

 3  government in the state.

 4         (b)  A system to meet specific local government

 5  requirements. Such system shall include law enforcement,

 6  firefighting, and emergency medical services and may include

 7  other emergency services such as poison control, suicide

 8  prevention, and emergency management services.

 9         (c)  Identification of the mutual aid agreements

10  necessary to obtain an effective "911" system.

11         (d)  A funding provision which shall identify the cost

12  necessary to implement the "911" system.

13         (e)  A firm implementation schedule which shall include

14  the installation of the "911" system in a local community

15  within 24 months after the designated agency of the local

16  government gives a firm order to the telephone utility for a

17  "911" system.

18  

19  The department office shall be responsible for the

20  implementation and coordination of such plan. The department

21  office shall adopt any necessary rules and schedules related

22  to public agencies for implementing and coordinating such

23  plan, pursuant to chapter 120. The public agency designated in

24  the plan shall order such system within 6 months after

25  publication date of the plan if the public agency is in

26  receipt of funds appropriated by the Legislature for the

27  implementation and maintenance of the "911" system. Any

28  jurisdiction which has utilized local funding as of July 1,

29  1976, to begin the implementation of the state plan as set

30  forth in this section shall be eligible for at least a partial

31  


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 1  reimbursement of its direct cost when, and if, state funds are

 2  available for such reimbursement.

 3         (5)  SYSTEM DIRECTOR.--The secretary director of the

 4  department office or his or her designee is designated as the

 5  director of the statewide emergency telephone number "911"

 6  system and, for the purpose of carrying out the provisions of

 7  this section, is authorized to coordinate the activities of

 8  the system with state, county, local, and private agencies.

 9  The secretary director is authorized to employ not less than

10  five persons, three of whom will be at the professional level,

11  one at the secretarial level, and one to fill a fiscal

12  position, for the purpose of carrying out the provisions of

13  this section. The secretary director  in implementing the

14  system shall consult, cooperate, and coordinate with local law

15  enforcement agencies.

16         (7)  TELEPHONE INDUSTRY COORDINATION.--The department

17  office shall coordinate with the Florida Public Service

18  Commission which shall encourage the Florida telephone

19  industry to activate facility modification plans for a timely

20  "911" implementation.

21         (9)  SYSTEM APPROVAL.--No emergency telephone number

22  "911" system shall be established and no present system shall

23  be expanded without prior approval of the department office.

24         (10)  COMPLIANCE.--All public agencies shall assist the

25  department office in their efforts to carry out the intent of

26  this section, and such agencies shall comply with the

27  developed plan.

28         (12)  FEDERAL ASSISTANCE.--The secretary of the

29  department office or his or her designee may apply for and

30  accept federal funding assistance in the development and

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 1  implementation of a statewide emergency telephone number "911"

 2  system.

 3         (13)  "911" FEE.--

 4         (a)  Following approval by referendum as set forth in

 5  paragraph (b), or following approval by a majority vote of its

 6  board of county commissioners, a county may impose a "911" fee

 7  to be paid by the local exchange subscribers within its

 8  boundaries served by the "911" service. Proceeds from the

 9  "911" fee shall be used only for "911" expenditures as set

10  forth in subparagraph 6. The manner of imposing and collecting

11  said payment shall be as follows:

12         1.  At the request of the county subscribing to "911"

13  service, the telephone company shall, insofar as is

14  practicable, bill the "911" fee to the local exchange

15  subscribers served by the "911" service, on an individual

16  access line basis, at a rate not to exceed 50 cents per month

17  per line (up to a maximum of 25 access lines per account bill

18  rendered). However, the fee may not be assessed on any pay

19  telephone in this state. A county collecting the fee for the

20  first time may collect the fee for no longer than 36 months

21  without initiating the acquisition of its "911" equipment.

22         2.  Fees collected by the telephone company pursuant to

23  subparagraph 1. shall be returned to the county, less the

24  costs of administration retained pursuant to paragraph (c).

25  The county shall provide a minimum of 90 days' written notice

26  to the telephone company prior to the collection of any "911"

27  fees.

28         3.  Any county that currently has an operational "911"

29  system or that is actively pursuing the implementation of a

30  "911" system shall establish a fund to be used exclusively for

31  receipt and expenditure of "911" fee revenues collected


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 1  pursuant to this section. All fees placed in said fund, and

 2  any interest accrued thereupon, shall be used solely for "911"

 3  costs described in subparagraph 6. The money collected and

 4  interest earned in this fund shall be appropriated for "911"

 5  purposes by the county commissioners and incorporated into the

 6  annual county budget. Such fund shall be included within the

 7  financial audit performed in accordance with s. 218.39. A

 8  report of the audit shall be forwarded to the department

 9  office within 60 days of its completion. A county may carry

10  forward on an annual basis unspent moneys in the fund for

11  expenditures allowed by this section, or it may reduce its

12  fee. However, in no event shall a county carry forward more

13  than 10 percent of the "911" fee billed for the prior year.

14  The amount of moneys carried forward each year may be

15  accumulated in order to allow for capital improvements

16  described in this subsection. The carryover shall be

17  documented by resolution of the board of county commissioners

18  expressing the purpose of the carryover or by an adopted

19  capital improvement program identifying projected expansion or

20  replacement expenditures for "911" equipment and service

21  features, or both. In no event shall the "911" fee carryover

22  surplus moneys be used for any purpose other than for the

23  "911" equipment, service features, and installation charges

24  authorized in subparagraph 6. Nothing in this section shall

25  prohibit a county from using other sources of revenue for

26  improvements, replacements, or expansions of its "911" system.

27  A county may increase its fee for purposes authorized in this

28  section. However, in no case shall the fee exceed 50 cents per

29  month per line. All current "911" fees shall be reported to

30  the department office within 30 days of the start of each

31  county's fiscal period. Any fee adjustment made by a county


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 1  shall be reported to the department office. A county shall

 2  give the telephone company a 90-day written notice of such fee

 3  adjustment.

 4         4.  The telephone company shall have no obligation to

 5  take any legal action to enforce collection of the "911" fee.

 6  The telephone company shall provide quarterly to the county a

 7  list of the names, addresses, and telephone numbers of any and

 8  all subscribers who have identified to the telephone company

 9  their refusal to pay the "911" fee.

10         5.  The county subscribing to "911" service shall

11  remain liable to the telephone company for any "911" service,

12  equipment, operation, or maintenance charge owed by the county

13  to the telephone company.

14  

15  As used in this paragraph, "telephone company" means an

16  exchange telephone service provider of "911" service or

17  equipment to any county within its certificated area.

18         6.  It is the intent of the Legislature that the "911"

19  fee authorized by this section to be imposed by counties will

20  not necessarily provide the total funding required for

21  establishing or providing the "911" service. For purposes of

22  this section, "911" service includes the functions of database

23  management, call taking, location verification, and call

24  transfer. The following costs directly attributable to the

25  establishment and/or provision of "911" service are eligible

26  for expenditure of moneys derived from imposition of the "911"

27  fee authorized by this section: the acquisition,

28  implementation, and maintenance of Public Safety Answering

29  Point (PSAP) equipment and "911" service features, as defined

30  in the Florida Public Service Commission's lawfully approved

31  "911" and related tariffs and/or the acquisition,


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 1  installation, and maintenance of other "911" equipment,

 2  including call answering equipment, call transfer equipment,

 3  ANI controllers, ALI controllers, ANI displays, ALI displays,

 4  station instruments, "911" telecommunications systems,

 5  teleprinters, logging recorders, instant playback recorders,

 6  telephone devices for the deaf (TDD) used in the "911" system,

 7  PSAP backup power systems, consoles, automatic call

 8  distributors, and interfaces (hardware and software) for

 9  computer-aided dispatch (CAD) systems; salary and associated

10  expenses for "911" call takers for that portion of their time

11  spent taking and transferring "911" calls; salary and

12  associated expenses for a county to employ a full-time

13  equivalent "911" coordinator position and a full-time

14  equivalent staff assistant position per county for the portion

15  of their time spent administrating the "911" system; training

16  costs for PSAP call takers in the proper methods and

17  techniques used in taking and transferring "911" calls;

18  expenses required to develop and maintain all information (ALI

19  and ANI databases and other information source repositories)

20  necessary to properly inform call takers as to location

21  address, type of emergency, and other information directly

22  relevant to the "911" call-taking and transferring function;

23  and, in a county defined in s. 125.011(1), such expenses

24  related to a nonemergency "311" system, or similar

25  nonemergency system, which improves the overall efficiency of

26  an existing "911" system or reduces "911" emergency response

27  time for a 2-year pilot project that ends June 30, 2003.

28  However, no wireless telephone service provider shall be

29  required to participate in this pilot project or to otherwise

30  implement a nonemergency "311" system or similar nonemergency

31  system. The "911" fee revenues shall not be used to pay for


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 1  any item not listed, including, but not limited to, any

 2  capital or operational costs for emergency responses which

 3  occur after the call transfer to the responding public safety

 4  entity and the costs for constructing buildings, leasing

 5  buildings, maintaining buildings, or renovating buildings,

 6  except for those building modifications necessary to maintain

 7  the security and environmental integrity of the PSAP and "911"

 8  equipment rooms.

 9         7.  It is the goal of the Legislature that enhanced

10  "911" service be available throughout the state. Expenditure

11  by counties of the "911" fees authorized by this section

12  should support this goal to the greatest extent feasible

13  within the context of local service needs and fiscal

14  capability. Nothing in this section shall be construed to

15  prohibit two or more counties from establishing a combined

16  emergency "911" telephone service by interlocal agreement and

17  utilizing the "911" fees authorized by this section for such

18  combined "911" service.

19  

20  As used in this paragraph, "telephone company" means an

21  exchange telephone service provider of "911" service or

22  equipment to any county within its certificated area.

23         Section 32.  Paragraph (d) of subsection (2), paragraph

24  (f) of subsection (3), subsection (4), paragraph (a) of

25  subsection (5), and paragraphs (c) and (d) of subsection (6)

26  of section 365.172, Florida Statutes, are amended to read:

27         365.172  Wireless emergency telephone number "E911."--

28         (2)  FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The

29  Legislature finds and declares that:

30         (d)  The revenues generated by the E911 fee imposed

31  under this section are required to fund the efforts of the


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 1  counties, the Wireless 911 Board under the Department of

 2  Management Services State Technology Office, and commercial

 3  mobile radio service providers to improve the public health,

 4  safety, and welfare and serve a public purpose by providing

 5  emergency telephone assistance through wireless

 6  communications.

 7         (3)  DEFINITIONS.--As used in this section and ss.

 8  365.173 and 365.174, the term:

 9         (f)  "Department Office" means the Department of

10  Management Services State Technology Office.

11         (4)  POWERS AND DUTIES OF THE DEPARTMENT OFFICE.--The

12  department office shall oversee the administration of the fee

13  imposed on subscribers of statewide E911 service under

14  subsection (8).

15         (5)  THE WIRELESS 911 BOARD.--

16         (a)  The Wireless 911 Board is established to

17  administer, with oversight by the department office, the fee

18  imposed under subsection (8), including receiving revenues

19  derived from the fee; distributing portions of such revenues

20  to providers, counties, and the department office; accounting

21  for receipts, distributions, and income derived by the funds

22  maintained in the fund; and providing annual reports to the

23  Governor and the Legislature for submission by the department

24  office on amounts collected and expended, the purposes for

25  which expenditures have been made, and the status of wireless

26  E911 service in this state. In order to advise and assist the

27  department office in carrying out the purposes of this

28  section, the board, which shall have the power of a body

29  corporate, shall have the powers enumerated in subsection (6).

30         (6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--

31  


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 1         (c)  By February 28 of each year, the board shall

 2  prepare a report for submission by the department office to

 3  the Governor, the President of the Senate, and the Speaker of

 4  the House of Representatives which reflects, for the

 5  immediately preceding calendar year, the quarterly and annual

 6  receipts and disbursements of moneys in the fund, the purposes

 7  for which disbursements of moneys from the fund have been

 8  made, and the availability and status of implementation of

 9  E911 service in this state.

10         (d)  By February 28, 2001, the board shall undertake

11  and complete a study for submission by the department office

12  to the Governor, the President of the Senate, and the Speaker

13  of the House of Representatives which addresses:

14         1.  The total amount of E911 fee revenues collected by

15  each provider, the total amount of expenses incurred by each

16  provider to comply with the order, and the amount of moneys on

17  deposit in the fund, all as of December 1, 2000.

18         2.  Whether the amount of the E911 fee and the

19  allocation percentages set forth in s. 365.173 should be

20  adjusted to comply with the requirements of the order, and, if

21  so, a recommended adjustment to the E911 fee.

22         3.  Any other issues related to providing wireless E911

23  services.

24         Section 33.  Subsections (2), (5), (6), and (9) of

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

26         445.049  Digital Divide Council.--

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

28  Council is created in the Department of Management Services

29  State Technology Office. The council shall consist of:

30  

31  


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

 2  designee chief information officer in the State Technology

 3  Office.

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

 5  Economic Development in the Executive Office of the Governor.

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

 7         (d)  The director of the Agency for Workforce

 8  Innovation.

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

10         (f)  The Commissioner of Education.

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

12  Americas.

13         (h)  A representative of the information technology

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

15  of Representatives.

16         (i)  A representative of the information technology

17  industry in this state appointed by the President of the

18  Senate.

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

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

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

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

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

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

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

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

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

28  the Democratic Caucus.

29         (5)  ADMINISTRATIVE AND TECHNICAL SUPPORT; PAYMENT OF

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

31  Technology Office shall provide such administrative and


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 1  technical support to the council as is reasonably necessary

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

 3  and responsibilities. All direct and indirect costs of

 4  providing such support and performing the other duties

 5  assigned to the Department of Management Services State

 6  Technology Office related to design and implementation of the

 7  programs authorized by this section may be paid from

 8  appropriations authorized to be used for such purposes.

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

10  through the Department of Management Services State Technology

11  Office, is authorized and empowered to facilitate the design

12  and implementation of programs that are aimed at achieving the

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

14  Management Services State Technology Office shall present and

15  demonstrate to the council the design characteristics and

16  functional elements of each program proposed to be implemented

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

18  each such program shall be reviewed and approved by the

19  council before being implemented. Such programs shall

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

21  different areas of the state to develop model programs that

22  are likely to be successful if implemented throughout the

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

24  implemented shall be selected by the council with the

25  objectives of testing the merits of the programs in each

26  geographic region of the state and providing equal exposure of

27  the programs to urban and rural communities alike.

28  Implementation of all such pilot and model programs shall be

29  administered by and through the local workforce development

30  boards and each such board shall coordinate and confirm the

31  ready availability and timely delivery of all elements of such


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 1  programs to ensure the highest probability of such programs

 2  achieving their intended results.

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

 4  council, through the Department of Management Services State

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

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

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

 8  monitoring, reviewing, and evaluating such programs since

 9  their inception and the council's recommendations as to

10  whether such programs should be continued and expanded to

11  achieve the objectives and goals stated in this section.

12         Section 34.  For fiscal year 2005-2006, 16 positions

13  are authorized and $2.0 million are appropriated from

14  recurring General Revenue to the Florida Technology Council in

15  the Department of Management Services to provide for personnel

16  and other expenses necessary to implement the provisions of

17  this act. The Executive Office of the Governor shall place

18  these positions and funds in reserve until such time as the

19  Department of Management Services submits an expenditure plan

20  for approval to the Executive Office of the Governor, the

21  House Fiscal Council, and the Senate Ways and Means Committee,

22  pursuant to the provisions of s. 216.177, Florida Statutes.

23         Section 35.  This act shall take effect July 1, 2005.

24  

25  

26  

27  

28  

29  

30  

31  


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