September 19, 2020
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163331
 (LATE FILED)Amendment
Bill No. 1494
Amendment No. 163331
CHAMBER ACTION
Senate House
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1Representative Allen offered the following:
2
3     Substitute Amendment for Amendment (753843) (with title
4amendment)
5     Remove everything after the enacting clause and insert:
6     Section 1.  Section 282.0051, Florida Statutes, is created
7to read:
8     282.0051  Information technology management.--
9     (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
10finds that the state needs an information technology
11architecture to support the business needs of individual
12agencies while optimizing the state's collective use of
13information technology through integration, coordination,
14consolidation, and sharing. It is the intent of the Legislature
15that:
16     (a)  The state shall make governmental information and
17services more accessible to citizens by developing a statewide
18internet portal presence, a state e-mail system, and state
19security protocols.
20     (b)  Each state agency shall develop and implement
21information technology in the best interest of the state by
22whatever means are cost effective and efficient, are nonvendor
23specific systems, and maximize use of shared data and resources.
24     (c)  Agency information technology investments must be
25governed responsibly, consistent with fiscal and substantive
26policies established by the Legislature, and aligned with
27business needs.
28     (2)  DEFINITIONS.--As used in this section, the term:
29     (a)  "Agency information technology investment management"
30means an analytical decisionmaking process that is used to
31systematically prioritize, select, and manage information
32technology investments for the agency.
33     (b)  "Information technology investment" means the cost
34associated with agency resources, hardware, software, or
35contracted services that are required to provide information
36technology services and to initiate approved information
37technology projects.
38     (c)  "Information technology portfolio" means the aggregate
39list of information technology investments aligned with agency
40business needs.
41     (d)  "Information technology services" means the strategic
42and nonstrategic information technology services used to enable
43agency business processes and as further defined in the
44legislative budget instructions developed pursuant to s.
45216.023.
46     (e)  "Information technology services catalog" means a
47report defining and describing each information technology
48service.
49     (f)  "Project management" means a set of disciplines
50required for planning, organizing, managing, implementing, and
51controlling organizational and fiscal resources in order to
52complete information technology projects.
53     (g)  "Service level agreement" means a written agreement
54between a service provider and the agency which describes each
55service to be provided and documents the required service
56objectives and service levels for a service. Service providers
57include external providers, internal providers, and other agency
58providers.
59     (3)  AGENCY INFORMATION TECHNOLOGY INVESTMENT MANAGEMENT
60PROCESS.--The agency information technology investment
61management process shall be used as the primary tool to support
62the information technology investment decisions of each agency.
63The agency shall adopt the model portfolio management process
64developed pursuant to s. 282.3025(2)(d) and may adjust the model
65to meet agency-specific organizational needs subject to the
66approval of the Agency Chief Information Officers Council.
67     (a)  The investment management process shall:
68     1.  Be administered by the agency head and include
69executive managers from across the agency's program areas.
70     2.  Define initiatives using a comprehensive, uniform
71format.
72     3.  Evaluate initiatives using an objective framework.
73     4.  Prioritize initiatives and match initiatives to
74resources.
75     5.  Manage the portfolio and the process proactively.
76     (b)  Agency-approved initiatives which become information
77technology projects are subject to the requirements of
78subsection (4). New initiatives requiring funding shall be
79submitted in the agency's legislative budget request pursuant to
80s. 216.023.
81     (c)  The agency shall prepare an information technology
82portfolio in a format prescribed in the legislative budget
83instructions pursuant to s. 216.023. The portfolio shall
84include, but need not be limited to:
85     1.  A summary statement of the agency's mission, goals, and
86objectives for information technology which are supported
87through the agency's information technology portfolio.
88     2.  Identification of projects and resources required to
89meet the objectives of the portfolio.
90     3.  The agency information technology services catalog with
91services linked to business processes or business needs.
92     4.  Implementation schedules estimating the time and
93funding required to implement information technology projects.
94     5.  Funding needed to implement information technology
95services identified in the information technology services
96catalog.
97     (d)  The agency shall submit its information technology
98portfolio as part of its legislative budget request in the
99manner and form prescribed in the legislative budget request
100instructions as provided in s. 216.023.
101     (4)  INFORMATION TECHNOLOGY PROJECT MANAGEMENT.--
102     (a)  Each agency shall implement the project management
103methodology developed pursuant to s. 282.3025(2)(c). The agency
104may make adjustment based on their specific organizational needs
105and subject to the approval of the Agency Chief Information
106Officers Council.
107     (b)  Information technology projects shall be administered
108according to the following requirements:
109     1.  Projects that refresh desktop units or infrastructure
110equipment with new technology that is similar to the technology
111currently in use are exempt from the project planning and
112reporting requirements in this section unless otherwise
113specified in the General Appropriations Act.
114     2.  For projects with a total cost ranging from $500,000 to
115$1,999,999, the agency must appoint a project manager to ensure
116that needed project planning and management requirements are
117fulfilled.
118     3.  For projects with a total cost ranging from $500,000 to
119$2 million which involve routine hardware or software upgrades
120for a single agency, the agency must appoint a project manager
121to timely deploy and implement the upgrade. Should the project
122be considered high-risk, the project manager shall ensure that
123needed project planning and management requirements are
124fulfilled.
125     4.  For projects with a total cost ranging from $2 million
126to $10 million, the agency must appoint a project manager to
127ensure that needed project planning and management requirements
128are fulfilled. For projects in this range which are determined
129to impact the general public or which affect an agency's
130organizational structure, business processes, or service
131delivery model, the agency must appoint a dedicated project
132manager and project management team to ensure that all project
133planning and management requirements are fulfilled.
134     5.  For any project with a total cost greater than $10
135million, the agency must appoint a dedicated project manager and
136project management team to ensure that all project planning and
137management requirements are fulfilled.
138     Section 2.  Section 20.22, Florida Statutes, is amended to
139read:
140     20.22  Department of Management Services.--There is created
141a Department of Management Services.
142     (1)  The head of the Department of Management Services is
143the Secretary of Management Services, who shall be appointed by
144the Governor, subject to confirmation by the Senate, and shall
145serve at the pleasure of the Governor.
146     (2)  The following divisions and programs within the
147Department of Management Services are established:
148     (a)  Facilities Program.
149     (b)  State Technology Program Office.
150     (c)  Workforce Program.
151     (d)1.  Support Program.
152     2.  Federal Property Assistance Program.
153     (e)  Administration Program.
154     (f)  Division of Administrative Hearings.
155     (g)  Division of Retirement.
156     (h)  Division of State Group Insurance.
157     (i)  Florida Technology Council.
158     (3)  The State Technology Office shall operate and manage
159the Technology Resource Center.
160     (3)(4)  The duties of the Chief Labor Negotiator shall be
161determined by the Secretary of Management Services, and must
162include, but need not be limited to, the representation of the
163Governor as the public employer in collective bargaining
164negotiations pursuant to the provisions of chapter 447.
165     Section 3.  Section 186.022, Florida Statutes, is repealed.
166     Section 4.  Section 216.0446, Florida Statutes, is amended
167to read:
168     216.0446  Review of information resources management
169needs.--
170     (1)  There is created within the Legislature the Technology
171Review Workgroup. The workgroup and the State Technology Office
172shall independently review and make recommendations with respect
173to the portion of agencies' long-range program plans which
174pertains to information technology resources management needs
175and with respect to agencies' legislative budget requests for
176information technology and related resources. The Technology
177Review Workgroup shall report such recommendations, together
178with the findings and conclusions on which such recommendations
179are based, to the Legislative Budget Commission. The State
180Technology Office shall report such recommendations, together
181with the findings and conclusions on which such recommendations
182are based, to the Executive Office of the Governor and to the
183chairs of the legislative appropriations committees.
184     (2)  In addition to its primary duty specified in
185subsection (1), the Technology Review Workgroup shall have
186powers and duties that include, but are not limited to, the
187following:
188     (a)  To evaluate the information resource management needs
189identified in the agency long-range program plans for
190consistency with the Statewide Information Technology Strategic
191Plan State Annual Report on Enterprise Resource Planning and
192Management and statewide policies recommended by the State
193Technology Office, and make recommendations to the Legislative
194Budget Commission.
195     (b)  To review and make recommendations to the Legislative
196Budget Commission on proposed budget amendments and agency
197transfers associated with information technology initiatives or
198projects that involve more than one agency, that have an outcome
199that impacts another agency, that exceed $500,000 in total cost
200over a 1-year period, or that are requested by the Legislative
201Budget Commission to be reviewed.
202      Section 5.  Pursuant to section 216.351, Florida Statutes,
203paragraph (c) of subsection (1) of section 216.292, Florida
204Statutes, is repealed.
205     Section 6.  Section 282.0041, Florida Statutes, is amended
206to read:
207     282.0041  Definitions.--For the purposes of this part, the
208term:
209     (1)  "Agency" means those entities described in s.
210216.011(1)(qq).
211     (2)  "Agency Annual Enterprise Resource Planning and
212Management Report" means the report prepared by each agency
213chief information officer as required by s. 282.3063.
214     (2)(3)  "Agency chief information officer" means the person
215appointed by the agency head State Technology Office to
216coordinate and manage the information technology policies and
217activities applicable to that agency.
218     (3)(4)  "Agency Chief Information Officers Council" means
219the council created in s. 282.315 to facilitate the sharing and
220coordination of information technology issues and initiatives
221among the agencies.
222     (4)  "Department" means the Department of Management
223Services.
224     (5)  "Florida Technology Council" or "council" means the
225organization created in s. 282.3025.
226     (6)(7)  "Information technology" means equipment, hardware,
227software, firmware, programs, systems, networks, infrastructure,
228media, and related material used to automatically,
229electronically, and wirelessly collect, receive, access,
230transmit, display, store, record, retrieve, analyze, evaluate,
231process, classify, manipulate, manage, assimilate, control,
232communicate, exchange, convert, converge, interface, switch, or
233disseminate information of any kind or form.
234     (7)(5)  "Information technology Enterprise resources
235management infrastructure" means the hardware, software,
236networks, data, human resources, policies, standards,
237facilities, maintenance, and related materials and services that
238are required to support the business processes of an agency or
239state enterprise.
240     (8)(6)  "Information technology Enterprise resource
241planning and management" means the planning, budgeting,
242acquiring, developing, organizing, directing, training, control,
243and related services associated with government information
244technology. The term encompasses information and related
245resources, as well as the controls associated with their
246acquisition, development, dissemination, and use.
247     (9)(8)  "Project" means an undertaking directed at the
248implementation accomplishment of information technology to
249achieve a strategic objective relating to enterprise resources
250management or a specific appropriated program.
251     (9)  "State Annual Report on Enterprise Resource Planning
252and Management" means the report prepared by the State
253Technology Office as defined in s. 282.102.
254     (10)  "Standards" means the generally accepted definitions
255for information technology which promote the use of current,
256open, nonproprietary, or non-vendor-specific technologies.
257     (11)  "State Technology Office" or "office" means the
258office created in s. 282.102.
259     (12)  "Total cost" means all costs associated with
260information technology projects or initiatives, including, but
261not limited to, value of hardware, software, service,
262maintenance, incremental personnel, and facilities. Total cost
263of a loan or gift of information technology resources to an
264agency includes the fair market value of the resources, except
265that the total cost of loans or gifts of information technology
266to state universities to be used in instruction or research does
267not include fair market value.
268     Section 7.  Section 282.005, Florida Statutes, is repealed.
269     Section 8.  Section 282.0055, Florida Statutes, is created
270to read:
271     282.0055  Limitation with respect to cabinet
272personnel.--The Florida Technology Council and the department
273may not take action affecting the supervision, control,
274management, or coordination of information technology and
275information technology personnel that any cabinet officer listed
276in s. 4, Art. IV of the State Constitution deems necessary for
277the exercise of his or her statutory or constitutional duties.
278     Section 9.  Section 282.102, Florida Statutes, is amended
279to read:
280     282.102  Creation of the State Technology Office; Powers
281and duties of the department.--There is created a State
282Technology Office within The powers and duties of the department
283include Department of Management Services. The office shall be a
284separate budget entity, and shall be headed by a Chief
285Information Officer who is appointed by the Governor and is in
286the Senior Management Service. The Chief Information Officer
287shall be an agency head for all purposes. The Department of
288Management Services shall provide administrative support and
289service to the office to the extent requested by the Chief
290Information Officer. The office may adopt policies and
291procedures regarding personnel, procurement, and transactions
292for State Technology Office personnel. The office shall have the
293following powers, duties, and functions:
294     (1)  To publish electronically the portfolio of services
295available from the department office, including pricing
296information; the policies and procedures of the department
297office governing usage of available services; and a forecast of
298the priorities and initiatives for the state communications
299system for the ensuing 2 years.
300     (2)  To adopt rules implementing policies and procedures
301providing best practices to be followed by agencies in
302acquiring, using, upgrading, modifying, replacing, or disposing
303of information technology.
304     (3)  To perform, in consultation with an agency, the
305enterprise resource planning and management for the agency.
306     (2)(4)  To advise and render aid to state agencies and
307political subdivisions of the state as to systems or methods to
308be used for organizing and meeting communications information
309technology requirements efficiently and effectively.
310     (5)  To integrate the information technology systems and
311services of state agencies.
312     (3)(6)  To adopt technical standards for the state
313communications information technology system which will assure
314the interconnection of computer networks and information systems
315of agencies.
316     (4)(7)  To assume management responsibility for any
317consolidated communications system integrated information
318technology system or service when determined jointly by the
319department and the agency office to be economically efficient or
320performance-effective.
321     (5)(8)  To enter into agreements related to information
322technology with state agencies and political subdivisions of the
323state for services provided herein.
324     (6)(9)  To use and acquire, with agency concurrence,
325communications facilities information technology now owned or
326operated by any agency.
327     (7)(10)  To purchase from or contract with information
328technology providers for communications facilities and services
329information technology, including private line services.
330     (8)(11)  To apply for, receive, and hold, and to assist
331agencies in applying for, receiving, or holding, such
332authorizations, patents, copyrights, trademarks, service marks,
333licenses, and allocations or channels and frequencies to carry
334out the purposes of this part.
335     (9)(12)  To purchase, lease, or otherwise acquire and to
336hold, sell, transfer, license, or otherwise dispose of real,
337personal, and intellectual property, including, but not limited
338to, patents, trademarks, copyrights, and service marks.
339     (10)(13)  To cooperate with any federal, state, or local
340emergency management agency in providing for emergency
341communications services.
342     (11)(14)  To delegate, as necessary, to state agencies the
343authority to purchase, lease, or otherwise acquire and to use
344communications equipment, facilities, and services information
345technology or, as necessary, to control and approve the
346purchase, lease, or acquisition and the use of all
347communications equipment, services, and facilities information
348technology, including, but not limited to, communications
349services provided as part of any other total system to be used
350by the state or any of its agencies.
351     (12)(15)  To acquire ownership, possession, custody, and
352control of existing communications equipment and facilities,
353including all right, title, interest, and equity therein, as
354necessary, to carry out the purposes of this part. However, the
355provisions of this subsection shall in no way affect the rights,
356title, interest, or equity in any such equipment or facilities
357owned by, or leased to, the state or any state agency by any
358telecommunications company.
359     (13)(16)  To adopt rules pursuant to ss. 120.536(1) and
360120.54 relating to information technology and to administer the
361provisions of this part.
362     (14)(17)  To provide a means whereby political subdivisions
363of the state may use state information technology systems upon
364such terms and under such conditions as the department office
365may establish.
366     (15)(18)  To apply for and accept federal funds for any of
367the purposes of this part as well as gifts and donations from
368individuals, foundations, and private organizations.
369     (16)(19)  To monitor issues relating to communications
370facilities and services before the Florida Public Service
371Commission and, when necessary, prepare position papers, prepare
372testimony, appear as a witness, and retain witnesses on behalf
373of state agencies in proceedings before the commission.
374     (17)(20)  Unless delegated to the agencies by the Chief
375Information Officer, to manage and control, but not intercept or
376interpret, communications within the SUNCOM Network by:
377     (a)  Establishing technical standards to physically
378interface with the SUNCOM Network.
379     (b)  Specifying how communications are transmitted within
380the SUNCOM Network.
381     (c)  Controlling the routing of communications within the
382SUNCOM Network.
383     (d)  Establishing standards, policies, and procedures for
384access to the SUNCOM Network.
385     (e)  Ensuring orderly and reliable communications services
386in accordance with the service level agreements executed with
387state agencies.
388     (18)(21)  To plan, design, and conduct experiments for
389information technology services, equipment, and technologies,
390and to implement enhancements in the state information
391technology system when in the public interest and cost-
392effective. Funding for such experiments shall be derived from
393SUNCOM Network service revenues and shall not exceed 2 percent
394of the annual budget for the SUNCOM Network for any fiscal year
395or as provided in the General Appropriations Act. New services
396offered as a result of this subsection shall not affect existing
397rates for facilities or services.
398     (19)(22)  To enter into contracts or agreements, with or
399without competitive bidding or procurement, to make available,
400on a fair, reasonable, and nondiscriminatory basis, property and
401other structures under department office control for the
402placement of new facilities by any wireless provider of mobile
403service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any
404telecommunications company as defined in s. 364.02 when it is
405determined to be practical and feasible to make such property or
406other structures available. The department office may, without
407adopting a rule, charge a just, reasonable, and
408nondiscriminatory fee for the placement of the facilities,
409payable annually, based on the fair market value of space used
410by comparable communications facilities in the state. The
411department office and a wireless provider or telecommunications
412company may negotiate the reduction or elimination of a fee in
413consideration of services provided to the department office by
414the wireless provider or telecommunications company. All such
415fees collected by the department office shall be deposited
416directly into the Law Enforcement Radio Operating Trust Fund,
417and may be used by the department office to construct, maintain,
418or support the system.
419     (20)(23)  To provide an integrated electronic system for
420deploying government products, services, and information to
421individuals and businesses which reflects cost-effective
422deployment strategies in keeping with industry standards and
423practices and includes protections and security of private
424information as well as maintenance of public records.
425     (a)  The integrated electronic system shall reflect cost-
426effective deployment strategies in keeping with industry
427standards and practices, including protections and security of
428private information as well as maintenance of public records.
429     (b)  The office shall provide a method for assessing fiscal
430accountability for the integrated electronic system and shall
431establish the organizational structure required to implement
432this system.
433     (24)  To provide administrative support to the Agency Chief
434Information Officers Council and other workgroups created by the
435Chief Information Officer.
436     (25)  To facilitate state information technology education
437and training for senior management and other agency staff.
438     (26)  To prepare, on behalf of the Executive Office of the
439Governor, memoranda on recommended guidelines and best practices
440for information resources management, when requested.
441     (27)  To prepare, publish, and disseminate the State Annual
442Report on Enterprise Resource Planning and Management under s.
443282.310.
444     (28)  To study and make a recommendation to the Governor
445and Legislature on the feasibility of implementing online voting
446in this state.
447     (29)  To facilitate the development of a network access
448point in this state, as needed.
449     (30)  To designate a State Chief Privacy Officer who shall
450be responsible for the continual review of policies, laws,
451rules, and practices of state agencies which may affect the
452privacy concerns of state residents.
453     Section 10.  Section 282.103, Florida Statutes, is amended
454to read:
455     282.103  SUNCOM Network; exemptions from the required
456use.--
457     (1)  There is created within the Department of Management
458Services State Technology Office the SUNCOM Network which shall
459be developed to serve as the state communications system for
460providing local and long-distance communications services to
461state agencies, political subdivisions of the state,
462municipalities, state universities, and nonprofit corporations
463pursuant to ss. 282.101-282.111. The SUNCOM Network shall be
464developed to transmit all types of communications signals,
465including, but not limited to, voice, data, video, image, and
466radio. State agencies shall cooperate and assist in the
467development and joint use of communications systems and
468services.
469     (2)  The department State Technology Office shall design,
470engineer, implement, manage, and operate through state
471ownership, commercial leasing, or some combination thereof, the
472facilities and equipment providing SUNCOM Network services, and
473shall develop a system of equitable billings and charges for
474communication services.
475     (3)  All state agencies and state universities are required
476to use the SUNCOM Network for agency and state university
477communications services as the services become available;
478however, no agency or university is relieved of responsibility
479for maintaining communications services necessary for effective
480management of its programs and functions. If a SUNCOM Network
481service does not meet the communications requirements of an
482agency or university, the agency or university shall notify the
483department State Technology Office in writing and detail the
484requirements for that communications service. If the department
485office is unable to meet an agency's or university's
486requirements by enhancing SUNCOM Network service, the department
487office may grant the agency or university an exemption from the
488required use of specified SUNCOM Network services.
489     Section 11.  Section 282.104, Florida Statutes, is amended
490to read:
491     282.104  Use of state SUNCOM Network by
492municipalities.--Any municipality may request the department
493State Technology Office to provide any or all of the SUNCOM
494Network's portfolio of communications services upon such terms
495and under such conditions as the department office may
496establish. The requesting municipality shall pay its share of
497installation and recurring costs according to the published
498rates for SUNCOM Network services and as invoiced by the
499department office. Such municipality shall also pay for any
500requested modifications to existing SUNCOM Network services, if
501any charges apply.
502     Section 12.  Section 282.105, Florida Statutes, is amended
503to read:
504     282.105  Use of state SUNCOM Network by nonprofit
505corporations.--
506     (1)  The department State Technology Office shall provide a
507means whereby private nonprofit corporations under contract with
508state agencies or political subdivisions of the state may use
509the state SUNCOM Network, subject to the limitations in this
510section. In order to qualify to use the state SUNCOM Network, a
511nonprofit corporation shall:
512     (a)  Expend the majority of its total direct revenues for
513the provision of contractual services to the state, a
514municipality, or a political subdivision of the state; and
515     (b)  Receive only a small portion of its total revenues
516from any source other than a state agency, a municipality, or a
517political subdivision of the state during the period of time
518SUNCOM Network services are requested.
519     (2)  Each nonprofit corporation seeking authorization to
520use the state SUNCOM Network pursuant to this section shall
521provide to the department office, upon request, proof of
522compliance with subsection (1).
523     (3)  Nonprofit corporations established pursuant to general
524law and an association of municipal governments which is wholly
525owned by the municipalities shall be eligible to use the state
526SUNCOM Network, subject to the terms and conditions of the
527department office.
528     (4)  Institutions qualified to participate in the William
529L. Boyd, IV, Florida Resident Access Grant Program pursuant to
530s. 1009.89 shall be eligible to use the state SUNCOM Network,
531subject to the terms and conditions of the department office.
532Such entities shall not be required to satisfy the other
533criteria of this section.
534     (5)  Private, nonprofit elementary and secondary schools
535shall be eligible for rates and services on the same basis as
536public schools, providing these nonpublic schools do not have an
537endowment in excess of $50 million.
538     Section 13.  Section 282.106, Florida Statutes, is amended
539to read:
540     282.106  Use of SUNCOM Network by libraries.--The
541department State Technology Office may provide SUNCOM Network
542services to any library in the state, including libraries in
543public schools, community colleges, state universities, and
544nonprofit private postsecondary educational institutions, and
545libraries owned and operated by municipalities and political
546subdivisions.
547     Section 14.  Section 282.1065, Florida Statutes, is created
548to read:
549     282.1065  Use of SUNCOM Network by hospitals.-- The
550department may provide SUNCOM Network services to hospitals or
551other facilities licensed under chapter 395 and their state
552associations who currently contract with or provide services on
553behalf of state or local governments.
554     Section 15.  Section 282.107, Florida Statutes, is amended
555to read:
556     282.107  SUNCOM Network; criteria for usage.--
557     (1)  The department State Technology Office shall
558periodically review the qualifications of subscribers using the
559state SUNCOM Network and shall terminate services provided to
560any facility not qualified pursuant to ss. 282.101-282.111 or
561rules adopted hereunder. In the event of nonpayment of invoices
562by subscribers whose SUNCOM Network invoices are paid from
563sources other than legislative appropriations, such nonpayment
564represents good and sufficient reason to terminate service.
565     (2)  The department State Technology Office shall adopt
566rules setting forth its procedures for withdrawing and restoring
567authorization to use the state SUNCOM Network. Such rules shall
568provide a minimum of 30 days' notice to affected parties prior
569to termination of voice communications service.
570     (3)  Nothing in this section shall be construed to limit or
571restrict the ability of the Florida Public Service Commission to
572set jurisdictional tariffs of telecommunications companies.
573     Section 16.  Section 282.1095, Florida Statutes, is amended
574to read:
575     282.1095  State agency law enforcement radio system and
576interoperability network.--
577     (1)  The department State Technology Office may acquire and
578implement a statewide radio communications system to serve law
579enforcement units of state agencies, and to serve local law
580enforcement agencies through mutual aid channels. The Joint Task
581Force on State Agency Law Enforcement Communications is
582established in the department State Technology Office to advise
583the department office of member-agency needs for the planning,
584designing, and establishment of the joint system. The State
585Agency Law Enforcement Radio System Trust Fund is established in
586the department State Technology Office. The trust fund shall be
587funded from surcharges collected under ss. 320.0802 and 328.72.
588     (2)(a)  The Joint Task Force on State Agency Law
589Enforcement Communications shall consist of eight members, as
590follows:
591     1.  A representative of the Division of Alcoholic Beverages
592and Tobacco of the Department of Business and Professional
593Regulation who shall be appointed by the secretary of the
594department.
595     2.  A representative of the Division of Florida Highway
596Patrol of the Department of Highway Safety and Motor Vehicles
597who shall be appointed by the executive director of the
598department.
599     3.  A representative of the Department of Law Enforcement
600who shall be appointed by the executive director of the
601department.
602     4.  A representative of the Fish and Wildlife Conservation
603Commission who shall be appointed by the executive director of
604the commission.
605     5.  A representative of the Division of Law Enforcement of
606the Department of Environmental Protection who shall be
607appointed by the secretary of the department.
608     6.  A representative of the Department of Corrections who
609shall be appointed by the secretary of the department.
610     7.  A representative of the Division of State Fire Marshal
611of the Department of Financial Services who shall be appointed
612by the State Fire Marshal.
613     8.  A representative of the Department of Transportation
614who shall be appointed by the secretary of the department.
615     (b)  Each appointed member of the joint task force shall
616serve at the pleasure of the appointing official. Any vacancy on
617the joint task force shall be filled in the same manner as the
618original appointment. Any joint task force member may, upon
619notification to the chair prior to the beginning of any
620scheduled meeting, appoint an alternative to represent the
621member on the task force and vote on task force business in his
622or her absence.
623     (c)  The joint task force shall elect a chair from among
624its members to serve a 1-year term. A vacancy in the chair of
625the joint task force must be filled for the remainder of the
626unexpired term by an election of the joint task force members.
627     (d)  The joint task force shall meet as necessary, but at
628least quarterly, at the call of the chair and at the time and
629place designated by him or her.
630     (e)  The per diem and travel expenses incurred by a member
631of the joint task force in attending its meetings and in
632attending to its affairs shall be paid pursuant to s. 112.061,
633from funds budgeted to the state agency that the member
634represents.
635     (f)  The department State Technology Office is hereby
636authorized to rent or lease space on any tower under its
637control. The department office may also rent, lease, or sublease
638ground space as necessary to locate equipment to support
639antennae on the towers. The costs for use of such space shall be
640established by the department office for each site, when it is
641determined to be practicable and feasible to make space
642available. The department office may refuse to lease space on
643any tower at any site. All moneys collected by the department
644office for such rents, leases, and subleases shall be deposited
645directly into the Law Enforcement Radio Operating Trust Fund and
646may be used by the department office to construct, maintain, or
647support the system.
648     (g)  The department State Technology Office is hereby
649authorized to rent, lease, or sublease ground space on lands
650acquired by the department office for the construction of
651privately owned or publicly owned towers. The department office
652may, as a part of such rental, lease, or sublease agreement,
653require space on said tower or towers for antennae as may be
654necessary for the construction and operation of the state agency
655law enforcement radio system or any other state need. The
656positions necessary for the department office to accomplish its
657duties under this paragraph and paragraph (f) shall be
658established in the General Appropriations Act and shall be
659funded by the Law Enforcement Radio Operating Trust Fund or
660other revenue sources.
661     (h)  The department State Technology Office may make the
662mutual aid channels in the statewide radio communications system
663available to federal agencies, state agencies, and agencies of
664the political subdivisions of the state for the purpose of
665public safety and domestic security. The department office shall
666exercise its powers and duties, as specified in this chapter, to
667plan, manage, and administer the mutual aid channels. The
668department office shall, in implementing such powers and duties,
669act in consultation and conjunction with the Department of Law
670Enforcement and the Division of Emergency Management of the
671Department of Community Affairs, and shall manage and administer
672the mutual aid channels in a manner that reasonably addresses
673the needs and concerns of the involved law enforcement agencies
674and emergency response agencies and entities.
675     (3)  Upon appropriation, moneys in the trust fund may be
676used by the department office to acquire by competitive
677procurement the equipment; software; and engineering,
678administrative, and maintenance services it needs to construct,
679operate, and maintain the statewide radio system. Moneys in the
680trust fund collected as a result of the surcharges set forth in
681ss. 320.0802 and 328.72 shall be used to help fund the costs of
682the system. Upon completion of the system, moneys in the trust
683fund may also be used by the department office to provide for
684payment of the recurring maintenance costs of the system.
685     (4)(a)  The department office shall, in conjunction with
686the Department of Law Enforcement and the Division of Emergency
687Management of the Department of Community Affairs, establish
688policies, procedures, and standards which shall be incorporated
689into a comprehensive management plan for the use and operation
690of the statewide radio communications system.
691     (b)  The joint task force, in consultation with the
692department office, shall have the authority to permit other
693state agencies to use the communications system, under terms and
694conditions established by the joint task force.
695     (5)  The department office shall provide technical support
696to the joint task force and shall bear the overall
697responsibility for the design, engineering, acquisition, and
698implementation of the statewide radio communications system and
699for ensuring the proper operation and maintenance of all system
700common equipment.
701     (6)(a)  The department State Technology Office may create
702and implement an interoperability network to enable
703interoperability between various radio communications
704technologies and to serve federal agencies, state agencies, and
705agencies of political subdivisions of the state for the purpose
706of public safety and domestic security. The department office
707shall, in conjunction with the Department of Law Enforcement and
708the Division of Emergency Management of the Department of
709Community Affairs, exercise its powers and duties pursuant to
710this chapter to plan, manage, and administer the
711interoperability network. The department office may:
712     1.  Enter into mutual aid agreements among federal
713agencies, state agencies, and political subdivisions of the
714state for the use of the interoperability network.
715     2.  Establish the cost of maintenance and operation of the
716interoperability network and charge subscribing federal and
717local law enforcement agencies for access and use of the
718network. The department State Technology Office may not charge
719state law enforcement agencies identified in paragraph (2)(a) to
720use the network.
721     3.  In consultation with the Department of Law Enforcement
722and the Division of Emergency Management of the Department of
723Community Affairs, amend and enhance the statewide radio
724communications system as necessary to implement the
725interoperability network.
726     (b)  The department State Technology Office, in
727consultation with the Joint Task Force on State Agency Law
728Enforcement Communications, and in conjunction with the
729Department of Law Enforcement and the Division of Emergency
730Management of the Department of Community Affairs, shall
731establish policies, procedures, and standards to incorporate
732into a comprehensive management plan for the use and operation
733of the interoperability network.
734     Section 17.  Section 282.111, Florida Statutes, is amended
735to read:
736     282.111  Statewide system of regional law enforcement
737communications.--
738     (1)  It is the intent and purpose of the Legislature that a
739statewide system of regional law enforcement communications be
740developed whereby maximum efficiency in the use of existing
741radio channels is achieved in order to deal more effectively
742with the apprehension of criminals and the prevention of crime
743generally. To this end, all law enforcement agencies within the
744state are directed to provide the department State Technology
745Office with any information the department office requests for
746the purpose of implementing the provisions of subsection (2).
747     (2)  The department State Technology Office is hereby
748authorized and directed to develop and maintain a statewide
749system of regional law enforcement communications. In
750formulating such a system, the department office shall divide
751the state into appropriate regions and shall develop a program
752which shall include, but not be limited to, the following
753provisions:
754     (a)  The communications requirements for each county and
755municipality comprising the region.
756     (b)  An interagency communications provision which shall
757depict the communication interfaces between municipal, county,
758and state law enforcement entities which operate within the
759region.
760     (c)  Frequency allocation and use provision which shall
761include, on an entity basis, each assigned and planned radio
762channel and the type of operation, simplex, duplex, or half-
763duplex, on each channel.
764     (3)  The department office shall adopt any necessary rules
765and regulations for implementing and coordinating the statewide
766system of regional law enforcement communications.
767     (4)  The secretary of the Department of Management Services
768Chief Information Officer of the State Technology Office or his
769or her designee is designated as the director of the statewide
770system of regional law enforcement communications and, for the
771purpose of carrying out the provisions of this section, is
772authorized to coordinate the activities of the system with other
773interested state agencies and local law enforcement agencies.
774     (5)  No law enforcement communications system shall be
775established or present system expanded without the prior
776approval of the department State Technology Office.
777     (6)  Within the limits of its capability, the Department of
778Law Enforcement is encouraged to lend assistance to the
779department State Technology Office in the development of the
780statewide system of regional law enforcement communications
781proposed by this section.
782     Section 18.  Section 282.20, Florida Statutes, is amended
783to read:
784     282.20  Technology Resource Center.--
785     (1)(a)  The Department of Management Services State
786Technology Office shall operate and manage the Technology
787Resource Center.
788     (b)  For the purposes of this section, the term:
789     1.  "Information-system utility" means a full-service
790information-processing facility offering hardware, software,
791operations, integration, networking, and consulting services.
792     2.  "Customer" means a state agency or other entity which
793is authorized to utilize the SUNCOM Network pursuant to this
794part.
795     (2)  The Technology Resource Center shall:
796     (a)  Serve the department office and other customers as an
797information-system utility.
798     (b)  Cooperate with customers to offer, develop, and
799support a wide range of services and applications needed by
800users of the Technology Resource Center.
801     (c)  Cooperate with the Florida Legal Resource Center of
802the Department of Legal Affairs and other state agencies to
803develop and provide access to repositories of legal information
804throughout the state.
805     (d)  Cooperate with the department office to facilitate
806interdepartmental networking and integration of network services
807for its customers.
808     (e)  Assist customers in testing and evaluating new and
809emerging technologies that could be used to meet the needs of
810the state.
811     (3)  The department office may contract with customers to
812provide any combination of services necessary for agencies to
813fulfill their responsibilities and to serve their users.
814     (4)  The Technology Resource Center may plan, design,
815establish pilot projects for, and conduct experiments with
816information technology resources, and may implement enhancements
817in services when such implementation is cost-effective. Funding
818for experiments and pilot projects shall be derived from service
819revenues and may not exceed 5 percent of the service revenues
820for the Technology Resource Center for any single fiscal year.
821Any experiment, pilot project, plan, or design must be approved
822by the secretary of the department Chief Information Officer.
823     (5)  Notwithstanding the provisions of s. 216.272, the
824Technology Resource Center may spend funds in the reserve
825account of the Technology Enterprise Operating Trust Fund for
826enhancements to center operations or for information technology
827resources. Any expenditure of reserve account funds must be
828approved by the secretary of the department Chief Information
829Officer. Any funds remaining in the reserve account at the end
830of the fiscal year may be carried forward and spent as approved
831by the secretary Chief Information Officer, provided that such
832approval conforms to any applicable provisions of chapter 216.
833     Section 19.  Section 282.21, Florida Statutes, is amended
834to read:
835     282.21  The State Technology Office's Electronic access
836services of the department.--The department State Technology
837Office may collect fees for providing remote electronic access
838pursuant to s. 119.07(2). The fees may be imposed on individual
839transactions or as a fixed subscription for a designated period
840of time. All fees collected under this section shall be
841deposited in the appropriate trust fund of the program or
842activity that made the remote electronic access available.
843     Section 20.  Section 282.22, Florida Statutes, is amended
844to read:
845     282.22  State Technology Office; Production, dissemination,
846and ownership of materials and products.--
847     (1)  It is the intent of the Legislature that when
848materials, products, information, and services are acquired or
849developed by or under the direction of the department State
850Technology Office, through research and development or other
851efforts, including those subject to copyright, patent, or
852trademark, they shall be made available for use by state and
853local government entities at the earliest practicable date and
854in the most economical and efficient manner possible and
855consistent with chapter 119.
856     (2)  To accomplish this objective the department may office
857is authorized to publish or partner with private sector entities
858to produce or have produced materials and products and to make
859them readily available for appropriate use. The department may
860office is authorized to charge an amount or receive value-added
861services adequate to cover the essential cost of producing and
862disseminating such materials, information, services, or products
863and is authorized to sell services.
864     (3)  If In cases in which the materials or products are of
865such nature, or the circumstances are such, that it is not
866practicable or feasible for the department office to produce or
867have produced materials and products so developed, it is
868authorized, after review and approval by the Executive Office of
869the Governor, to license, lease, assign, sell, or otherwise give
870written consent to any person, firm, or corporation for the
871manufacture or use thereof, on a royalty basis, or for such
872other consideration as the department deems office shall deem
873proper and in the best interest of the state; the department
874shall office is authorized and directed to protect same against
875improper or unlawful use or infringement and to enforce the
876collection of any sums due for the manufacture or use thereof by
877any other party.
878     (4)  All proceeds from the sale of such materials and
879products or other money collected pursuant to this section shall
880be deposited into the Grants and Donations Trust Fund of the
881department office and, when properly budgeted as approved by the
882Legislature and the Executive Office of the Governor, used to
883pay the cost of producing and disseminating materials and
884products to carry out the intent of this section.
885     Section 21.  Section 282.23, Florida Statutes, is repealed.
886     Section 22.  Section 282.3025, Florida Statutes, is created
887to read:
888     282.3025  Florida Technology Council; powers and duties.--
889     (1)  There is created a Florida Technology Council within
890the Department of Management Services. The council shall be
891headed by a State Chief Information Officer who is appointed by
892the Governor. The Department of Management Services shall
893provide administrative support and services to the council.
894     (2)  The council shall have the following powers, duties,
895and functions:
896     (a)  Develop and submit by January 15, 2006, a Statewide
897Information Technology Strategic Plan consistent with the
898provisions of s. 282.0051(1), and in consultation with the
899Agency Chief Information Officers Council. The plan must
900include, but need not be limited to, a description and
901recommendations as to how the state can deploy information
902technology that:
903     1.  Aligns state information technology resources and
904assets to achieve an enterprise perspective and focus state
905investments on initiatives that provide significant improvements
906in statewide service delivery and business operations.
907     2.  Makes state governmental information and services more
908accessible to residents and the state's clients.
909     3.  Improves governmental efficiency and cost-
910effectiveness.
911     4.  Improves security and performance of the state's
912information technology infrastructure.
913     5.  Makes recommendations for changes to the statutes which
914promote the findings of the report.
915     (b)  Develop enterprise information technology policies,
916standards, guidelines, and procedures in consultation with and
917subject to the approval of the Agency Chief Information Officers
918Council and the department, and in consultation with the
919Technology Review Workgroup, relating to enterprise
920architecture, enterprise Internet portal, business continuity
921and disaster recovery, security, computing, networks, desktop
922equipment, and communications.
923     (c)  Recommend, in consultation with the Agency Chief
924Information Officers Council and the Technology Review
925Workgroup, and subject to the approval of the Agency Chief
926Information Officers Council, a project management methodology
927for use by the agencies to meet the provisions of s. 282.0051.
928The methodology shall be adopted by September 30, 2005, for
929distribution to the agencies.
930     (d)  Develop, in consultation with the Agency Chief
931Information Officers Council and the Technology Review
932Workgroup, and subject to the approval of the Agency Chief
933Information Officers Council, a model agency information
934technology investment management process and an information
935technology investment portfolio. The model process shall be
936adopted by September 30, 2005, for distribution to the agencies.
937      (e)  Review recommendations made by the Agency Chief
938Information Officers Council for improving information
939technology in agencies or the state and make recommendations to
940the Governor and the Legislature for consideration during
941legislative session.
942     (f)  Review each agency information technology investment
943portfolio and make recommendations to the Governor and the
944Legislature regarding opportunities consistent with s.
945282.0051(1).
946     (g)  Prepare, on behalf of the Executive Office of the
947Governor, memoranda on recommended guidelines and best practices
948for information technology, when requested.
949     (3)  The Florida Technology Council may adopt rules
950pursuant to ss. 120.536(1) and 120.54 to administer the
951provisions of this section.
952     Section 23.  Section 282.3031, Florida Statutes, is amended
953to read:
954     282.3031  Assignment of information technology planning and
955resources management responsibilities.--For purposes of ss.
956282.3032-282.322 282.303-282.322, to ensure the best management
957of state information technology resources, and notwithstanding
958other provisions of law to the contrary, the functions of
959information technology planning and resources management are
960assigned to the university boards of trustees for the
961development and implementation of planning, management,
962rulemaking, standards, and guidelines for the state
963universities; to the community college boards of trustees for
964establishing and developing rules for the community colleges; to
965the Supreme Court for the judicial branch; to each state
966attorney and public defender; and to the agency head State
967Technology Office for the agencies within the executive branch
968of state government.
969     Section 24.  Section 282.3032, Florida Statutes, is
970repealed.
971     Section 25.  Section 282.3055, Florida Statutes, is amended
972to read:
973     282.3055  Agency chief information officer; appointment;
974duties.--
975     (1)(a)  To assist the agency head State Technology Officer
976in carrying out information technology the enterprise resource
977planning and management responsibilities, the agency head Chief
978Information Officer may appoint or contract for an agency chief
979information officer. This position may be full time or part
980time.
981     (b)  The agency chief information officer must, at a
982minimum, have knowledge and experience in both management and
983information technology resources.
984     (2)  The duties of the agency chief information officer
985include, but are not limited to:
986     (a)  Coordinating and facilitating agency information
987technology enterprise resource planning and management projects
988and initiatives.
989     (b)  Preparing the an agency annual information technology
990investment portfolio report on enterprise resource planning and
991management pursuant to the provisions of s. 282.0051 s.
992282.3063.
993     (c)  Developing and implementing agency information
994technology enterprise resource planning and management policies,
995procedures, guidelines, and standards consistent with statewide
996policies, procedures, guidelines, and standards, including
997specific policies and procedures for review and approval of the
998agency's purchases of information technology resources in
999accordance with the office's policies and procedures.
1000     (d)  Advising agency senior management as to the
1001information technology enterprise resource planning and
1002management and the information technology investment needs of
1003the agency for inclusion in planning documents required by law.
1004     (e)  Staffing and supporting an agency information
1005technology investment management process.
1006     (e)  Assisting in the development and prioritization of the
1007enterprise resource planning and management schedule of the
1008agency's legislative budget request.
1009     Section 26.  Section 282.3063, Florida Statutes, is
1010repealed.
1011     Section 27.  Section 282.310, Florida Statutes, is
1012repealed.
1013     Section 28.  Section 282.315, Florida Statutes, is amended
1014to read:
1015     282.315  Agency Chief Information Officers Council;
1016creation.--The Legislature finds that enhancing communication,
1017consensus building, coordination, and facilitation of statewide
1018enterprise information technology resource planning and
1019management issues are is essential to improving state management
1020of such resources.
1021     (1)  There is created an Agency Chief Information Officers
1022Council to:
1023     (a)  Enhance communication among the agency chief
1024information officers and the Florida Technology Council by
1025sharing enterprise resource planning and management experiences
1026and exchanging ideas.
1027     (b)  Identify and recommend Facilitate the sharing of best
1028practices that are characteristic of highly successful
1029technology organizations, as well as exemplary information
1030technology applications of state agencies, and assist the
1031Florida Technology Council in the development of policies,
1032standards, guidelines, and procedures for use by all state
1033agencies.
1034     (c)  Identify efficiency opportunities among state agencies
1035to fulfill the guidelines in s. 282.3032 and make
1036recommendations for action to the Florida Technology Council.
1037     (d)  Serve as an educational forum for enterprise
1038information technology resource planning and management issues.
1039     (e)  Identify Assist the State Technology Office in
1040identifying critical statewide issues and, when appropriate,
1041make recommendations to the Florida Technology Council for
1042solving information technology enterprise resource planning and
1043management deficiencies.
1044     (2)  Members of the council shall include the agency chief
1045information officers, including the chief information officers
1046of the agencies and governmental entities enumerated in s.
1047282.3031, except that there shall be one chief information
1048officer selected by the state attorneys and one chief
1049information officer selected by the public defenders. The
1050chairs, or their designees, of the Florida Financial Management
1051Information System Coordinating Council, the Criminal and
1052Juvenile Justice Information Systems Council, and the Health
1053Information Systems Council shall represent their respective
1054organizations on the Agency Chief Information Officers Council
1055as voting members. The council shall appoint a chair, a vice
1056chair, and a secretary from its members to serve a 1-year term
1057each. The council shall establish procedures to govern council
1058business.
1059     (3)  The Florida Technology Council State Technology Office
1060shall provide administrative support to the council.
1061     Section 29.  Section 282.318, Florida Statutes, is amended
1062to read:
1063     282.318  Security of data and information technology
1064resources.--
1065     (1)  This section may be cited as the "Security of Data and
1066Information Technology Infrastructure Resources Act."
1067     (2)(a)  The State Technology Office, in consultation with
1068Each agency head, is responsible and accountable for assuring an
1069adequate level of security for all data and information
1070technology infrastructure resources of each agency and, to carry
1071out this responsibility, shall, at a minimum:
1072     1.  Designate an information security manager who shall
1073administer the security program of each agency for its data and
1074information technology resources.
1075     2.  Conduct, and periodically update, a comprehensive risk
1076analysis to determine the security threats to the data and
1077information technology infrastructure resources of each agency.
1078The risk analysis information is confidential and exempt from
1079the provisions of s. 119.07(1), except that such information
1080shall be available to the Auditor General in performing his or
1081her postauditing duties.
1082     3.  Develop, and periodically update, written internal
1083policies and procedures to assure the security of the data and
1084information technology infrastructure resources of each agency.
1085The internal policies and procedures which, if disclosed, could
1086facilitate the unauthorized modification, disclosure, or
1087destruction of data or information technology infrastructure
1088resources are confidential information and exempt from the
1089provisions of s. 119.07(1), except that such information shall
1090be available to the Auditor General in performing his or her
1091postauditing duties.
1092     4.  Implement appropriate cost-effective safeguards to
1093reduce, eliminate, or recover from the identified risks to the
1094data and information technology infrastructure resources of each
1095agency.
1096     5.  Ensure that periodic internal audits and evaluations of
1097each security program for the data and information technology
1098infrastructure resources of the agency are conducted. The
1099results of such internal audits and evaluations are confidential
1100information and exempt from the provisions of s. 119.07(1),
1101except that such information shall be available to the Auditor
1102General in performing his or her postauditing duties.
1103     6.  Include appropriate security requirements, as
1104determined by the agency State Technology Office, in
1105consultation with the Department of Law Enforcement each agency
1106head, in the written specifications for the solicitation of
1107information technology resources.
1108     (b)  In those instances in which the department State
1109Technology Office develops state contracts for use by state
1110agencies, the department office shall include appropriate
1111security requirements in the specifications for the solicitation
1112for state contracts for procuring information technology
1113infrastructure resources.
1114     Section 30.  Section 282.322, Florida Statutes, is amended
1115to read:
1116     282.322  Special monitoring process for designated
1117information resources management projects.--
1118     (1)  For each information resources management project
1119which is designated for special monitoring in the General
1120Appropriations Act, with a proviso requiring a contract with a
1121project monitor, the Technology Review Workgroup established
1122pursuant to s. 216.0446, in consultation with each affected
1123agency, shall be responsible for contracting with the project
1124monitor. Upon contract award, funds equal to the contract amount
1125shall be transferred to the Technology Review Workgroup upon
1126request and subsequent approval of a budget amendment pursuant
1127to s. 216.292. With the concurrence of the Legislative Auditing
1128Committee, the office of the Auditor General shall be the
1129project monitor for other projects designated for special
1130monitoring. However, nothing in this section precludes the
1131Auditor General from conducting such monitoring on any project
1132designated for special monitoring. In addition to monitoring and
1133reporting on significant communications between a contracting
1134agency and the appropriate federal authorities, the project
1135monitoring process shall consist of evaluating each major stage
1136of the designated project to determine whether the deliverables
1137have been satisfied and to assess the level of risks associated
1138with proceeding to the next stage of the project. The major
1139stages of each designated project shall be determined based on
1140the agency's information systems development methodology. Within
114120 days after an agency has completed a major stage of its
1142designated project or at least 90 days, the project monitor
1143shall issue a written report, including the findings and
1144recommendations for correcting deficiencies, to the agency head,
1145for review and comment. Within 20 days after receipt of the
1146project monitor's report, the agency head shall submit a written
1147statement of explanation or rebuttal concerning the findings and
1148recommendations of the project monitor, including any corrective
1149action to be taken by the agency. The project monitor shall
1150include the agency's statement in its final report, which shall
1151be forwarded, within 7 days after receipt of the agency's
1152statement, to the agency head, the inspector general's office of
1153the agency, the Executive Office of the Governor, the
1154appropriations committees of the Legislature, the Joint
1155Legislative Auditing Committee, the Technology Review Workgroup,
1156the President of the Senate, the Speaker of the House of
1157Representatives, and the Office of Program Policy Analysis and
1158Government Accountability. The Auditor General shall also
1159receive a copy of the project monitor's report for those
1160projects in which the Auditor General is not the project
1161monitor.
1162     (2)  The Enterprise Project Management Office of the State
1163Technology Office shall report any information technology
1164projects the office identifies as high-risk to the Executive
1165Office of the Governor, the President of the Senate, the Speaker
1166of the House of Representatives, and the chairs of the
1167appropriations committees. Within the limits of current
1168appropriations, the Enterprise Project Management Office shall
1169monitor and report on such high-risk information technology
1170projects, and assess the levels of risks associated with
1171proceeding to the next stage of the project.
1172     Section 31.  Paragraph (a) of subsection (3), subsections
1173(4), (5), (7), (9), (10), and (12), and paragraph (a) of
1174subsection (13) of section 365.171, Florida Statutes, are
1175amended to read:
1176     365.171  Emergency telephone number "911."--
1177     (3)  DEFINITIONS.--As used in this section:
1178     (a)  "Department Office" means the Department of Management
1179Services State Technology Office.
1180     (4)  STATE PLAN.--The department office shall develop a
1181statewide emergency telephone number "911" system plan. The plan
1182shall provide for:
1183     (a)  The establishment of the public agency emergency
1184telephone communications requirements for each entity of local
1185government in the state.
1186     (b)  A system to meet specific local government
1187requirements. Such system shall include law enforcement,
1188firefighting, and emergency medical services and may include
1189other emergency services such as poison control, suicide
1190prevention, and emergency management services.
1191     (c)  Identification of the mutual aid agreements necessary
1192to obtain an effective "911" system.
1193     (d)  A funding provision which shall identify the cost
1194necessary to implement the "911" system.
1195     (e)  A firm implementation schedule which shall include the
1196installation of the "911" system in a local community within 24
1197months after the designated agency of the local government gives
1198a firm order to the telephone utility for a "911" system.
1199
1200The department office shall be responsible for the
1201implementation and coordination of such plan. The department
1202office shall adopt any necessary rules and schedules related to
1203public agencies for implementing and coordinating such plan,
1204pursuant to chapter 120. The public agency designated in the
1205plan shall order such system within 6 months after publication
1206date of the plan if the public agency is in receipt of funds
1207appropriated by the Legislature for the implementation and
1208maintenance of the "911" system. Any jurisdiction which has
1209utilized local funding as of July 1, 1976, to begin the
1210implementation of the state plan as set forth in this section
1211shall be eligible for at least a partial reimbursement of its
1212direct cost when, and if, state funds are available for such
1213reimbursement.
1214     (5)  SYSTEM DIRECTOR.--The secretary director of the
1215department office or his or her designee is designated as the
1216director of the statewide emergency telephone number "911"
1217system and, for the purpose of carrying out the provisions of
1218this section, is authorized to coordinate the activities of the
1219system with state, county, local, and private agencies. The
1220secretary director is authorized to employ not less than five
1221persons, three of whom will be at the professional level, one at
1222the secretarial level, and one to fill a fiscal position, for
1223the purpose of carrying out the provisions of this section. The
1224secretary director in implementing the system shall consult,
1225cooperate, and coordinate with local law enforcement agencies.
1226     (7)  TELEPHONE INDUSTRY COORDINATION.--The department
1227office shall coordinate with the Florida Public Service
1228Commission which shall encourage the Florida telephone industry
1229to activate facility modification plans for a timely "911"
1230implementation.
1231     (9)  SYSTEM APPROVAL.--No emergency telephone number "911"
1232system shall be established and no present system shall be
1233expanded without prior approval of the department office.
1234     (10)  COMPLIANCE.--All public agencies shall assist the
1235department office in their efforts to carry out the intent of
1236this section, and such agencies shall comply with the developed
1237plan.
1238     (12)  FEDERAL ASSISTANCE.--The secretary of the department
1239office or his or her designee may apply for and accept federal
1240funding assistance in the development and implementation of a
1241statewide emergency telephone number "911" system.
1242     (13)  "911" FEE.--
1243     (a)  Following approval by referendum as set forth in
1244paragraph (b), or following approval by a majority vote of its
1245board of county commissioners, a county may impose a "911" fee
1246to be paid by the local exchange subscribers within its
1247boundaries served by the "911" service. Proceeds from the "911"
1248fee shall be used only for "911" expenditures as set forth in
1249subparagraph 6. The manner of imposing and collecting said
1250payment shall be as follows:
1251     1.  At the request of the county subscribing to "911"
1252service, the telephone company shall, insofar as is practicable,
1253bill the "911" fee to the local exchange subscribers served by
1254the "911" service, on an individual access line basis, at a rate
1255not to exceed 50 cents per month per line (up to a maximum of 25
1256access lines per account bill rendered). However, the fee may
1257not be assessed on any pay telephone in this state. A county
1258collecting the fee for the first time may collect the fee for no
1259longer than 36 months without initiating the acquisition of its
1260"911" equipment.
1261     2.  Fees collected by the telephone company pursuant to
1262subparagraph 1. shall be returned to the county, less the costs
1263of administration retained pursuant to paragraph (c). The county
1264shall provide a minimum of 90 days' written notice to the
1265telephone company prior to the collection of any "911" fees.
1266     3.  Any county that currently has an operational "911"
1267system or that is actively pursuing the implementation of a
1268"911" system shall establish a fund to be used exclusively for
1269receipt and expenditure of "911" fee revenues collected pursuant
1270to this section. All fees placed in said fund, and any interest
1271accrued thereupon, shall be used solely for "911" costs
1272described in subparagraph 6. The money collected and interest
1273earned in this fund shall be appropriated for "911" purposes by
1274the county commissioners and incorporated into the annual county
1275budget. Such fund shall be included within the financial audit
1276performed in accordance with s. 218.39. A report of the audit
1277shall be forwarded to the department office within 60 days of
1278its completion. A county may carry forward on an annual basis
1279unspent moneys in the fund for expenditures allowed by this
1280section, or it may reduce its fee. However, in no event shall a
1281county carry forward more than 10 percent of the "911" fee
1282billed for the prior year. The amount of moneys carried forward
1283each year may be accumulated in order to allow for capital
1284improvements described in this subsection. The carryover shall
1285be documented by resolution of the board of county commissioners
1286expressing the purpose of the carryover or by an adopted capital
1287improvement program identifying projected expansion or
1288replacement expenditures for "911" equipment and service
1289features, or both. In no event shall the "911" fee carryover
1290surplus moneys be used for any purpose other than for the "911"
1291equipment, service features, and installation charges authorized
1292in subparagraph 6. Nothing in this section shall prohibit a
1293county from using other sources of revenue for improvements,
1294replacements, or expansions of its "911" system. A county may
1295increase its fee for purposes authorized in this section.
1296However, in no case shall the fee exceed 50 cents per month per
1297line. All current "911" fees shall be reported to the department
1298office within 30 days of the start of each county's fiscal
1299period. Any fee adjustment made by a county shall be reported to
1300the department office. A county shall give the telephone company
1301a 90-day written notice of such fee adjustment.
1302     4.  The telephone company shall have no obligation to take
1303any legal action to enforce collection of the "911" fee. The
1304telephone company shall provide quarterly to the county a list
1305of the names, addresses, and telephone numbers of any and all
1306subscribers who have identified to the telephone company their
1307refusal to pay the "911" fee.
1308     5.  The county subscribing to "911" service shall remain
1309liable to the telephone company for any "911" service,
1310equipment, operation, or maintenance charge owed by the county
1311to the telephone company.
1312
1313As used in this paragraph, "telephone company" means an exchange
1314telephone service provider of "911" service or equipment to any
1315county within its certificated area.
1316     6.  It is the intent of the Legislature that the "911" fee
1317authorized by this section to be imposed by counties will not
1318necessarily provide the total funding required for establishing
1319or providing the "911" service. For purposes of this section,
1320"911" service includes the functions of database management,
1321call taking, location verification, and call transfer. The
1322following costs directly attributable to the establishment
1323and/or provision of "911" service are eligible for expenditure
1324of moneys derived from imposition of the "911" fee authorized by
1325this section: the acquisition, implementation, and maintenance
1326of Public Safety Answering Point (PSAP) equipment and "911"
1327service features, as defined in the Florida Public Service
1328Commission's lawfully approved "911" and related tariffs and/or
1329the acquisition, installation, and maintenance of other "911"
1330equipment, including call answering equipment, call transfer
1331equipment, ANI controllers, ALI controllers, ANI displays, ALI
1332displays, station instruments, "911" telecommunications systems,
1333teleprinters, logging recorders, instant playback recorders,
1334telephone devices for the deaf (TDD) used in the "911" system,
1335PSAP backup power systems, consoles, automatic call
1336distributors, and interfaces (hardware and software) for
1337computer-aided dispatch (CAD) systems; salary and associated
1338expenses for "911" call takers for that portion of their time
1339spent taking and transferring "911" calls; salary and associated
1340expenses for a county to employ a full-time equivalent "911"
1341coordinator position and a full-time equivalent staff assistant
1342position per county for the portion of their time spent
1343administrating the "911" system; training costs for PSAP call
1344takers in the proper methods and techniques used in taking and
1345transferring "911" calls; expenses required to develop and
1346maintain all information (ALI and ANI databases and other
1347information source repositories) necessary to properly inform
1348call takers as to location address, type of emergency, and other
1349information directly relevant to the "911" call-taking and
1350transferring function; and, in a county defined in s.
1351125.011(1), such expenses related to a nonemergency "311"
1352system, or similar nonemergency system, which improves the
1353overall efficiency of an existing "911" system or reduces "911"
1354emergency response time for a 2-year pilot project that ends
1355June 30, 2003. However, no wireless telephone service provider
1356shall be required to participate in this pilot project or to
1357otherwise implement a nonemergency "311" system or similar
1358nonemergency system. The "911" fee revenues shall not be used to
1359pay for any item not listed, including, but not limited to, any
1360capital or operational costs for emergency responses which occur
1361after the call transfer to the responding public safety entity
1362and the costs for constructing buildings, leasing buildings,
1363maintaining buildings, or renovating buildings, except for those
1364building modifications necessary to maintain the security and
1365environmental integrity of the PSAP and "911" equipment rooms.
1366     7.  It is the goal of the Legislature that enhanced "911"
1367service be available throughout the state. Expenditure by
1368counties of the "911" fees authorized by this section should
1369support this goal to the greatest extent feasible within the
1370context of local service needs and fiscal capability. Nothing in
1371this section shall be construed to prohibit two or more counties
1372from establishing a combined emergency "911" telephone service
1373by interlocal agreement and utilizing the "911" fees authorized
1374by this section for such combined "911" service.
1375
1376As used in this paragraph, "telephone company" means an exchange
1377telephone service provider of "911" service or equipment to any
1378county within its certificated area.
1379     Section 32.  Paragraph (d) of subsection (2), paragraph (f)
1380of subsection (3), subsection (4), paragraph (a) of subsection
1381(5), and paragraphs (c) and (d) of subsection (6) of section
1382365.172, Florida Statutes, are amended to read:
1383     365.172  Wireless emergency telephone number "E911."--
1384     (2)  FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The
1385Legislature finds and declares that:
1386     (d)  The revenues generated by the E911 fee imposed under
1387this section are required to fund the efforts of the counties,
1388the Wireless 911 Board under the Department of Management
1389Services State Technology Office, and commercial mobile radio
1390service providers to improve the public health, safety, and
1391welfare and serve a public purpose by providing emergency
1392telephone assistance through wireless communications.
1393     (3)  DEFINITIONS.--As used in this section and ss. 365.173
1394and 365.174, the term:
1395     (f)  "Department Office" means the Department of Management
1396Services State Technology Office.
1397     (4)  POWERS AND DUTIES OF THE DEPARTMENT OFFICE.--The
1398department office shall oversee the administration of the fee
1399imposed on subscribers of statewide E911 service under
1400subsection (8).
1401     (5)  THE WIRELESS 911 BOARD.--
1402     (a)  The Wireless 911 Board is established to administer,
1403with oversight by the department office, the fee imposed under
1404subsection (8), including receiving revenues derived from the
1405fee; distributing portions of such revenues to providers,
1406counties, and the department office; accounting for receipts,
1407distributions, and income derived by the funds maintained in the
1408fund; and providing annual reports to the Governor and the
1409Legislature for submission by the department office on amounts
1410collected and expended, the purposes for which expenditures have
1411been made, and the status of wireless E911 service in this
1412state. In order to advise and assist the department office in
1413carrying out the purposes of this section, the board, which
1414shall have the power of a body corporate, shall have the powers
1415enumerated in subsection (6).
1416     (6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
1417     (c)  By February 28 of each year, the board shall prepare a
1418report for submission by the department office to the Governor,
1419the President of the Senate, and the Speaker of the House of
1420Representatives which reflects, for the immediately preceding
1421calendar year, the quarterly and annual receipts and
1422disbursements of moneys in the fund, the purposes for which
1423disbursements of moneys from the fund have been made, and the
1424availability and status of implementation of E911 service in
1425this state.
1426     (d)  By February 28, 2001, the board shall undertake and
1427complete a study for submission by the department office to the
1428Governor, the President of the Senate, and the Speaker of the
1429House of Representatives which addresses:
1430     1.  The total amount of E911 fee revenues collected by each
1431provider, the total amount of expenses incurred by each provider
1432to comply with the order, and the amount of moneys on deposit in
1433the fund, all as of December 1, 2000.
1434     2.  Whether the amount of the E911 fee and the allocation
1435percentages set forth in s. 365.173 should be adjusted to comply
1436with the requirements of the order, and, if so, a recommended
1437adjustment to the E911 fee.
1438     3.  Any other issues related to providing wireless E911
1439services.
1440     Section 33.  Subsections (2), (5), (6), and (9) of section
1441445.049, Florida Statutes, are amended to read:
1442     445.049  Digital Divide Council.--
1443     (2)  DIGITAL DIVIDE COUNCIL.--The Digital Divide Council is
1444created in the Department of Management Services State
1445Technology Office. The council shall consist of:
1446     (a)  The Secretary of Management Services or his or her
1447designee chief information officer in the State Technology
1448Office.
1449     (b)  The director of the Office of Tourism, Trade, and
1450Economic Development in the Executive Office of the Governor.
1451     (c)  The president of Workforce Florida, Inc.
1452     (d)  The director of the Agency for Workforce Innovation.
1453     (e)  The chair of itflorida.com, Inc.
1454     (f)  The Commissioner of Education.
1455     (g)  The chair of the Network Access Point of the Americas.
1456     (h)  A representative of the information technology
1457industry in this state appointed by the Speaker of the House of
1458Representatives.
1459     (i)  A representative of the information technology
1460industry in this state appointed by the President of the Senate.
1461     (j)  Two members of the House of Representatives, who shall
1462be ex officio, nonvoting members of the council, appointed by
1463the Speaker of the House of Representatives, one of whom shall
1464be a member of the Republican Caucus and the other of whom shall
1465be a member of the Democratic Caucus.
1466     (k)  Two members of the Senate, who shall be ex officio,
1467nonvoting members of the council, appointed by the President of
1468the Senate, one of whom shall be a member of the Republican
1469Caucus and the other of whom shall be a member of the Democratic
1470Caucus.
1471     (5)  ADMINISTRATIVE AND TECHNICAL SUPPORT; PAYMENT OF
1472SUPPORT COSTS.--The Department of Management Services State
1473Technology Office shall provide such administrative and
1474technical support to the council as is reasonably necessary for
1475the council to effectively and timely carry out its duties and
1476responsibilities. All direct and indirect costs of providing
1477such support and performing the other duties assigned to the
1478Department of Management Services State Technology Office
1479related to design and implementation of the programs authorized
1480by this section may be paid from appropriations authorized to be
1481used for such purposes.
1482     (6)  POWERS AND DUTIES OF COUNCIL.--The council, through
1483the Department of Management Services State Technology Office,
1484is authorized and empowered to facilitate the design and
1485implementation of programs that are aimed at achieving the
1486objectives and goals stated in this section. The Department of
1487Management Services State Technology Office shall present and
1488demonstrate to the council the design characteristics and
1489functional elements of each program proposed to be implemented
1490to achieve the objectives and goals stated in this section and
1491each such program shall be reviewed and approved by the council
1492before being implemented. Such programs shall initially be
1493implemented as pilot programs in a minimum of six different
1494areas of the state to develop model programs that are likely to
1495be successful if implemented throughout the state. The areas of
1496the state where the pilot programs are implemented shall be
1497selected by the council with the objectives of testing the
1498merits of the programs in each geographic region of the state
1499and providing equal exposure of the programs to urban and rural
1500communities alike. Implementation of all such pilot and model
1501programs shall be administered by and through the local
1502workforce development boards and each such board shall
1503coordinate and confirm the ready availability and timely
1504delivery of all elements of such programs to ensure the highest
1505probability of such programs achieving their intended results.
1506     (9)  ANNUAL REPORT.--By March 1 each year, 2002, the
1507council, through the Department of Management Services State
1508Technology Office, shall report to the Executive Office of the
1509Governor, the Speaker of the House of Representatives, and the
1510President of the Senate the results of the council's monitoring,
1511reviewing, and evaluating such programs since their inception
1512and the council's recommendations as to whether such programs
1513should be continued and expanded to achieve the objectives and
1514goals stated in this section.
1515     Section 34.  For fiscal year 2005-2006, 16 positions are
1516authorized and $2.0 million are appropriated from recurring
1517General Revenue to the Florida Technology Council in the
1518Department of Management Services to provide for personnel and
1519other expenses necessary to implement the provisions of this
1520act. The Executive Office of the Governor shall place these
1521positions and funds in reserve until such time as the Department
1522of Management Services submits an expenditure plan for approval
1523to the Executive Office of the Governor, the House Fiscal
1524Council, and the Senate Ways and Means Committee, pursuant to
1525the provisions of s. 216.177, Florida Statutes.
1526     Section 35.  This act shall take effect July 1, 2005.
1527
1528
1529================ T I T L E  A M E N D M E N T =============
1530     Remove the entire title and insert:
1531
A bill to be entitled
1532An act relating to information technology management;
1533creating s. 282.0051, F.S.; providing legislative findings
1534and intent; providing definitions; providing each agency
1535use an information technology investment management
1536process to support investment decisions; requiring each
1537agency to submit its information technology portfolio as
1538part of its legislative budget request; requiring that
1539agencies implement and administer a project management
1540methodology; providing requirements for project
1541administration; amending s. 20.22, F.S.; establishing the
1542Technology Program in the Department of Management
1543Services; creating the Florida Technology Council;
1544removing duty of the State Technology Office to operate
1545and manage the Technology Resource Center; repealing s.
1546186.022, F.S., relating to Information technology
1547strategic plans; amending s. 216.0446, F.S.; revising
1548duties of the legislative Technology Review Workgroup to
1549remove participation of the State Technology Office;
1550conforming reference to a report; repealing s.
1551216.292(1)(c), F.S., relating to provisions authorizing
1552transfer of positions and appropriations in fiscal year
15532001-2002 for the purpose of consolidating information
1554technology resources; amending s. 282.0041, F.S.; revising
1555definitions for purposes of information resources
1556management; defining the terms "department" and "Florida
1557Technology Council"; deleting the Agency Annual Enterprise
1558Resource Planning and Management Report; deleting the
1559State Annual Report on Enterprise Resource Planning and
1560Management; providing for appointment of an agency chief
1561information officer by the agency head; repealing s.
1562282.005, F.S., relating to Legislative findings and
1563intent; creating s. 282.0055, F.S.; limiting actions by
1564the Florida Technology Council and the department which
1565affect a Cabinet officer; amending s. 282.102, F.S.;
1566removing provisions for the creation, powers, and duties
1567of the State Technology Office; removing provisions for a
1568Chief Information Officer and a State Chief Privacy
1569Officer; removing provisions relating to information
1570technology and enterprise resource management; providing
1571powers, duties, and functions of the Department of
1572Management Services for operating the statewide
1573communications system; transferring powers and duties
1574relating to communications systems from the State
1575Technology Office to the Department of Management
1576Services; authorizing the department to adopt rules;
1577authorizing the department to set a fee for placement of
1578certain telecommunications facilities on state property;
1579creating s. 282.1065, F.S.; authorizing the department to
1580provide SUNCOM services to hospitals or other facilities
1581licensed under ch. 395, F.S.; amending ss. 282.103,
1582282.104, 282.105, 282.106, 282.107, 282.1095, and 282.111,
1583F.S., relating to the SUNCOM Network, the state agency law
1584enforcement radio system and interoperability network, and
1585the statewide system of regional law enforcement
1586communications to conform references to changes made by
1587the act; amending s. 282.20, F.S.; providing for operation
1588and management of the Technology Resource Center by the
1589Department of Management Services; amending s. 282.21,
1590F.S.; authorizing the department to collect fees for
1591providing remote electronic access; removing provisions
1592for collection of such fees by the State Technology
1593Office; amending s. 282.22, F.S.; providing for
1594dissemination of materials, products, information, and
1595services acquired or developed by or under the direction
1596of the department; removing reference to the State
1597Technology Office with respect to such materials,
1598products, information, and services; repealing s. 282.23,
1599F.S., relating to establishment of a State Strategic
1600Information Technology Alliance for the acquisition and
1601use of information technology and related material;
1602creating s. 282.3025, F.S.; providing for creation,
1603powers, and duties of the Florida Technology Council
1604within the Department of Management Services; providing
1605for a State Chief Information Officer appointed by the
1606Governor; providing for development of a Statewide
1607Information Technology Strategic Plan, enterprise
1608information technology policies, standards, guidelines,
1609and procedures, a model agency information technology
1610investment management process and an information
1611technology investment portfolio, and memoranda on
1612recommended guidelines and best practices for information
1613technology; providing for review and recommendations to
1614the Governor and the Legislature regarding agency
1615information technology projects and plans; providing for
1616preparation of state reports and memoranda; providing
1617rulemaking authority; amending s. 282.3031, F.S.; deleting
1618assignment of certain information technology functions to
1619the State Technology Office; conforming terminology;
1620repealing s. 282.3032, F.S., relating to guiding
1621principles for development and implementation of
1622information systems; amending s. 282.3055, F.S.; providing
1623for appointment of the agency chief information officer by
1624the agency head; providing for staffing and supporting of
1625an agency information technology investment board;
1626conforming terminology; repealing s. 282.3063, F.S.,
1627relating to the Agency Annual Enterprise Resource Planning
1628and Management Report; repealing s. 282.310, F.S.,
1629relating to the State Annual Report on Enterprise Resource
1630Planning and Management; amending s. 282.315, F.S.;
1631revising duties of the Agency Chief Information Officers
1632Council; providing for the council to assist the Florida
1633Technology Council for certain purposes, identify
1634opportunities to meet specified information technology
1635guidelines, and make certain recommendations to the
1636Florida Technology Council; providing for the appointment
1637and terms of officers; amending s. 282.318, F.S.; changing
1638the popular name; removing responsibility of the State
1639Technology Office; providing that each agency head is
1640responsible and accountable for ensuring an adequate level
1641of security for data and information; providing for
1642certain security requirements to be determined by the
1643department; conforming terminology; amending s. 282.322,
1644F.S., removing a procedure to monitor certain information
1645resources management projects; amending ss. 365.171 and
1646365.172, F.S., relating to statewide emergency telephone
1647number systems; designating duties of the State Technology
1648Office as duties of the Department of Management Services;
1649conforming requirements with respect thereto; amending s.
1650445.049, F.S., relating to the Digital Divide Council;
1651designating duties of the State Technology Office as
1652duties of the Department of Management Services; providing
1653an appropriation and authorizing positions; requiring
1654certain notice with respect to budget actions; providing
1655an effective date.


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