September 19, 2020
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753843
 (LATE FILED)Amendment
Bill No. 1494
Amendment No. 753843
CHAMBER ACTION
Senate House
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1Representative(s) Allen offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 282.0051, Florida Statutes, is created
6to read:
7     282.0051  Information technology management.--
8     (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
9finds that the state needs an information technology
10architecture to support the business needs of individual
11agencies while optimizing the state's collective use of
12information technology through integration, coordination,
13consolidation, and sharing. It is the intent of the Legislature
14that:
15     (a)  The state shall make governmental information and
16services more accessible to citizens by developing a statewide
17internet portal presence, a state e-mail system, and state
18security protocols.
19     (b)  Each state agency shall develop and implement
20information technology in the best interest of the state by
21whatever means are cost effective and efficient, are nonvendor
22specific systems, and maximize use of shared data and resources.
23     (c)  Agency information technology investments must be
24governed responsibly, consistent with fiscal and substantive
25policies established by the Legislature, and aligned with
26business needs.
27     (2)  DEFINITIONS.--As used in this section, the term:
28     (a)  "Agency information technology investment management"
29means an analytical decisionmaking process that is used to
30systematically prioritize, select, and manage information
31technology investments for the agency.
32     (b)  "Information technology investment" means the cost
33associated with agency resources, hardware, software, or
34contracted services that are required to provide information
35technology services and to initiate approved information
36technology projects.
37     (c)  "Information technology portfolio" means the aggregate
38list of information technology investments aligned with agency
39business needs.
40     (d)  "Information technology services" means the strategic
41and nonstrategic information technology services used to enable
42agency business processes and as further defined in the
43legislative budget instructions developed pursuant to s.
44216.023.
45     (e)  "Information technology services catalog" means a
46report defining and describing each information technology
47service.
48     (f)  "Project management" means a set of disciplines
49required for planning, organizing, managing, implementing, and
50controlling organizational and fiscal resources in order to
51complete information technology projects.
52     (g)  "Service level agreement" means a written agreement
53between a service provider and the agency which describes each
54service to be provided and documents the required service
55objectives and service levels for a service. Service providers
56include external providers, internal providers, and other agency
57providers.
58     (3)  AGENCY INFORMATION TECHNOLOGY INVESTMENT MANAGEMENT
59PROCESS.--The agency information technology investment
60management process shall be used as the primary tool to support
61the information technology investment decisions of each agency.
62The agency shall adopt the model portfolio management process
63developed pursuant to s. 282.3025(2)(d) and may adjust the model
64to meet agency-specific organizational needs subject to the
65approval of the Agency Chief Information Officers Council.
66     (a)  The investment management process shall:
67     1.  Be administered by the agency head and include
68executive managers from across the agency's program areas.
69     2.  Define initiatives using a comprehensive, uniform
70format.
71     3.  Evaluate initiatives using an objective framework.
72     4.  Prioritize initiatives and match initiatives to
73resources.
74     5.  Manage the portfolio and the process proactively.
75     (b)  Agency-approved initiatives which become information
76technology projects are subject to the requirements of
77subsection (4). New initiatives requiring funding shall be
78submitted in the agency's legislative budget request pursuant to
79s. 216.023.
80     (c)  The agency shall prepare an information technology
81portfolio in a format prescribed in the legislative budget
82instructions pursuant to s. 216.023. The portfolio shall
83include, but need not be limited to:
84     1.  A summary statement of the agency's mission, goals, and
85objectives for information technology which are supported
86through the agency's information technology portfolio.
87     2.  Identification of projects and resources required to
88meet the objectives of the portfolio.
89     3.  The agency information technology services catalog with
90services linked to business processes or business needs.
91     4.  Implementation schedules estimating the time and
92funding required to implement information technology projects.
93     5.  Funding needed to implement information technology
94services identified in the information technology services
95catalog.
96     (d)  The agency shall submit its information technology
97portfolio as part of its legislative budget request in the
98manner and form prescribed in the legislative budget request
99instructions as provided in s. 216.023.
100     (4)  INFORMATION TECHNOLOGY PROJECT MANAGEMENT.--
101     (a)  Each agency shall implement the project management
102methodology developed pursuant to s. 282.3025(2)(c). The agency
103may make adjustment based on their specific organizational needs
104and subject to the approval of the Agency Chief Information
105Officers Council.
106     (b)  Information technology projects shall be administered
107according to the following requirements:
108     1.  Projects that refresh desktop units or infrastructure
109equipment with new technology that is similar to the technology
110currently in use are exempt from the project planning and
111reporting requirements in this section unless otherwise
112specified in the General Appropriations Act.
113     2.  For projects with a total cost ranging from $500,000 to
114$1,999,999, the agency must appoint a project manager to ensure
115that needed project planning and management requirements are
116fulfilled.
117     3.  For projects with a total cost ranging from $500,000 to
118$2 million which involve routine hardware or software upgrades
119for a single agency, the agency must appoint a project manager
120to timely deploy and implement the upgrade. Should the project
121be considered high-risk, the project manager shall ensure that
122needed project planning and management requirements are
123fulfilled.
124     4.  For projects with a total cost ranging from $2 million
125to $10 million, the agency must appoint a project manager to
126ensure that needed project planning and management requirements
127are fulfilled. For projects in this range which are determined
128to impact the general public or which affect an agency's
129organizational structure, business processes, or service
130delivery model, the agency must appoint a dedicated project
131manager and project management team to ensure that all project
132planning and management requirements are fulfilled.
133     5.  For any project with a total cost greater than $10
134million, the agency must appoint a dedicated project manager and
135project management team to ensure that all project planning and
136management requirements are fulfilled.
137     Section 2.  Section 20.22, Florida Statutes, is amended to
138read:
139     20.22  Department of Management Services.--There is created
140a Department of Management Services.
141     (1)  The head of the Department of Management Services is
142the Secretary of Management Services, who shall be appointed by
143the Governor, subject to confirmation by the Senate, and shall
144serve at the pleasure of the Governor.
145     (2)  The following divisions and programs within the
146Department of Management Services are established:
147     (a)  Facilities Program.
148     (b)  State Technology Program Office.
149     (c)  Workforce Program.
150     (d)1.  Support Program.
151     2.  Federal Property Assistance Program.
152     (e)  Administration Program.
153     (f)  Division of Administrative Hearings.
154     (g)  Division of Retirement.
155     (h)  Division of State Group Insurance.
156     (i)  Florida Technology Council.
157     (3)  The State Technology Office shall operate and manage
158the Technology Resource Center.
159     (3)(4)  The duties of the Chief Labor Negotiator shall be
160determined by the Secretary of Management Services, and must
161include, but need not be limited to, the representation of the
162Governor as the public employer in collective bargaining
163negotiations pursuant to the provisions of chapter 447.
164     Section 3.  Section 186.022, Florida Statutes, is repealed.
165     Section 4.  Section 216.0446, Florida Statutes, is amended
166to read:
167     216.0446  Review of information resources management
168needs.--
169     (1)  There is created within the Legislature the Technology
170Review Workgroup. The workgroup and the State Technology Office
171shall independently review and make recommendations with respect
172to the portion of agencies' long-range program plans which
173pertains to information technology resources management needs
174and with respect to agencies' legislative budget requests for
175information technology and related resources. The Technology
176Review Workgroup shall report such recommendations, together
177with the findings and conclusions on which such recommendations
178are based, to the Legislative Budget Commission. The State
179Technology Office shall report such recommendations, together
180with the findings and conclusions on which such recommendations
181are based, to the Executive Office of the Governor and to the
182chairs of the legislative appropriations committees.
183     (2)  In addition to its primary duty specified in
184subsection (1), the Technology Review Workgroup shall have
185powers and duties that include, but are not limited to, the
186following:
187     (a)  To evaluate the information resource management needs
188identified in the agency long-range program plans for
189consistency with the Statewide Information Technology Strategic
190Plan State Annual Report on Enterprise Resource Planning and
191Management and statewide policies recommended by the State
192Technology Office, and make recommendations to the Legislative
193Budget Commission.
194     (b)  To review and make recommendations to the Legislative
195Budget Commission on proposed budget amendments and agency
196transfers associated with information technology initiatives or
197projects that involve more than one agency, that have an outcome
198that impacts another agency, that exceed $500,000 in total cost
199over a 1-year period, or that are requested by the Legislative
200Budget Commission to be reviewed.
201      Section 5.  Pursuant to section 216.351, Florida Statutes,
202paragraph (c) of subsection (1) of section 216.292, Florida
203Statutes, is repealed.
204     Section 6.  Section 282.0041, Florida Statutes, is amended
205to read:
206     282.0041  Definitions.--For the purposes of this part, the
207term:
208     (1)  "Agency" means those entities described in s.
209216.011(1)(qq).
210     (2)  "Agency Annual Enterprise Resource Planning and
211Management Report" means the report prepared by each agency
212chief information officer as required by s. 282.3063.
213     (2)(3)  "Agency chief information officer" means the person
214appointed by the agency head State Technology Office to
215coordinate and manage the information technology policies and
216activities applicable to that agency.
217     (3)(4)  "Agency Chief Information Officers Council" means
218the council created in s. 282.315 to facilitate the sharing and
219coordination of information technology issues and initiatives
220among the agencies.
221     (4)  "Department" means the Department of Management
222Services.
223     (5)  "Florida Technology Council" or "council" means the
224organization created in s. 282.3025.
225     (6)(7)  "Information technology" means equipment, hardware,
226software, firmware, programs, systems, networks, infrastructure,
227media, and related material used to automatically,
228electronically, and wirelessly collect, receive, access,
229transmit, display, store, record, retrieve, analyze, evaluate,
230process, classify, manipulate, manage, assimilate, control,
231communicate, exchange, convert, converge, interface, switch, or
232disseminate information of any kind or form.
233     (7)(5)  "Information technology Enterprise resources
234management infrastructure" means the hardware, software,
235networks, data, human resources, policies, standards,
236facilities, maintenance, and related materials and services that
237are required to support the business processes of an agency or
238state enterprise.
239     (8)(6)  "Information technology Enterprise resource
240planning and management" means the planning, budgeting,
241acquiring, developing, organizing, directing, training, control,
242and related services associated with government information
243technology. The term encompasses information and related
244resources, as well as the controls associated with their
245acquisition, development, dissemination, and use.
246     (9)(8)  "Project" means an undertaking directed at the
247implementation accomplishment of information technology to
248achieve a strategic objective relating to enterprise resources
249management or a specific appropriated program.
250     (9)  "State Annual Report on Enterprise Resource Planning
251and Management" means the report prepared by the State
252Technology Office as defined in s. 282.102.
253     (10)  "Standards" means the generally accepted definitions
254for information technology which promote the use of current,
255open, nonproprietary, or non-vendor-specific technologies.
256     (11)  "State Technology Office" or "office" means the
257office created in s. 282.102.
258     (12)  "Total cost" means all costs associated with
259information technology projects or initiatives, including, but
260not limited to, value of hardware, software, service,
261maintenance, incremental personnel, and facilities. Total cost
262of a loan or gift of information technology resources to an
263agency includes the fair market value of the resources, except
264that the total cost of loans or gifts of information technology
265to state universities to be used in instruction or research does
266not include fair market value.
267     Section 7.  Section 282.005, Florida Statutes, is repealed.
268     Section 8.  Section 282.0055, Florida Statutes, is created
269to read:
270     282.0055  Limitation with respect to cabinet
271personnel.--The Florida Technology Council and the department
272may not take action affecting the supervision, control,
273management, or coordination of information technology and
274information technology personnel that any cabinet officer listed
275in s. 4, Art. IV of the State Constitution deems necessary for
276the exercise of his or her statutory or constitutional duties.
277     Section 9.  Section 282.102, Florida Statutes, is amended
278to read:
279     282.102  Creation of the State Technology Office; Powers
280and duties of the department.--There is created a State
281Technology Office within The powers and duties of the department
282include Department of Management Services. The office shall be a
283separate budget entity, and shall be headed by a Chief
284Information Officer who is appointed by the Governor and is in
285the Senior Management Service. The Chief Information Officer
286shall be an agency head for all purposes. The Department of
287Management Services shall provide administrative support and
288service to the office to the extent requested by the Chief
289Information Officer. The office may adopt policies and
290procedures regarding personnel, procurement, and transactions
291for State Technology Office personnel. The office shall have the
292following powers, duties, and functions:
293     (1)  To publish electronically the portfolio of services
294available from the department office, including pricing
295information; the policies and procedures of the department
296office governing usage of available services; and a forecast of
297the priorities and initiatives for the state communications
298system for the ensuing 2 years.
299     (2)  To adopt rules implementing policies and procedures
300providing best practices to be followed by agencies in
301acquiring, using, upgrading, modifying, replacing, or disposing
302of information technology.
303     (3)  To perform, in consultation with an agency, the
304enterprise resource planning and management for the agency.
305     (2)(4)  To advise and render aid to state agencies and
306political subdivisions of the state as to systems or methods to
307be used for organizing and meeting communications information
308technology requirements efficiently and effectively.
309     (5)  To integrate the information technology systems and
310services of state agencies.
311     (3)(6)  To adopt technical standards for the state
312communications information technology system which will assure
313the interconnection of computer networks and information systems
314of agencies.
315     (4)(7)  To assume management responsibility for any
316consolidated communications system integrated information
317technology system or service when determined jointly by the
318department and the agency office to be economically efficient or
319performance-effective.
320     (5)(8)  To enter into agreements related to information
321technology with state agencies and political subdivisions of the
322state for services provided herein.
323     (6)(9)  To use and acquire, with agency concurrence,
324communications facilities information technology now owned or
325operated by any agency.
326     (7)(10)  To purchase from or contract with information
327technology providers for communications facilities and services
328information technology, including private line services.
329     (8)(11)  To apply for, receive, and hold, and to assist
330agencies in applying for, receiving, or holding, such
331authorizations, patents, copyrights, trademarks, service marks,
332licenses, and allocations or channels and frequencies to carry
333out the purposes of this part.
334     (9)(12)  To purchase, lease, or otherwise acquire and to
335hold, sell, transfer, license, or otherwise dispose of real,
336personal, and intellectual property, including, but not limited
337to, patents, trademarks, copyrights, and service marks.
338     (10)(13)  To cooperate with any federal, state, or local
339emergency management agency in providing for emergency
340communications services.
341     (11)(14)  To delegate, as necessary, to state agencies the
342authority to purchase, lease, or otherwise acquire and to use
343communications equipment, facilities, and services information
344technology or, as necessary, to control and approve the
345purchase, lease, or acquisition and the use of all
346communications equipment, services, and facilities information
347technology, including, but not limited to, communications
348services provided as part of any other total system to be used
349by the state or any of its agencies.
350     (12)(15)  To acquire ownership, possession, custody, and
351control of existing communications equipment and facilities,
352including all right, title, interest, and equity therein, as
353necessary, to carry out the purposes of this part. However, the
354provisions of this subsection shall in no way affect the rights,
355title, interest, or equity in any such equipment or facilities
356owned by, or leased to, the state or any state agency by any
357telecommunications company.
358     (13)(16)  To adopt rules pursuant to ss. 120.536(1) and
359120.54 relating to information technology and to administer the
360provisions of this part.
361     (14)(17)  To provide a means whereby political subdivisions
362of the state may use state information technology systems upon
363such terms and under such conditions as the department office
364may establish.
365     (15)(18)  To apply for and accept federal funds for any of
366the purposes of this part as well as gifts and donations from
367individuals, foundations, and private organizations.
368     (16)(19)  To monitor issues relating to communications
369facilities and services before the Florida Public Service
370Commission and, when necessary, prepare position papers, prepare
371testimony, appear as a witness, and retain witnesses on behalf
372of state agencies in proceedings before the commission.
373     (17)(20)  Unless delegated to the agencies by the Chief
374Information Officer, to manage and control, but not intercept or
375interpret, communications within the SUNCOM Network by:
376     (a)  Establishing technical standards to physically
377interface with the SUNCOM Network.
378     (b)  Specifying how communications are transmitted within
379the SUNCOM Network.
380     (c)  Controlling the routing of communications within the
381SUNCOM Network.
382     (d)  Establishing standards, policies, and procedures for
383access to the SUNCOM Network.
384     (e)  Ensuring orderly and reliable communications services
385in accordance with the service level agreements executed with
386state agencies.
387     (18)(21)  To plan, design, and conduct experiments for
388information technology services, equipment, and technologies,
389and to implement enhancements in the state information
390technology system when in the public interest and cost-
391effective. Funding for such experiments shall be derived from
392SUNCOM Network service revenues and shall not exceed 2 percent
393of the annual budget for the SUNCOM Network for any fiscal year
394or as provided in the General Appropriations Act. New services
395offered as a result of this subsection shall not affect existing
396rates for facilities or services.
397     (19)(22)  To enter into contracts or agreements, with or
398without competitive bidding or procurement, to make available,
399on a fair, reasonable, and nondiscriminatory basis, property and
400other structures under department office control for the
401placement of new facilities by any wireless provider of mobile
402service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any
403telecommunications company as defined in s. 364.02 when it is
404determined to be practical and feasible to make such property or
405other structures available. The department office may, without
406adopting a rule, charge a just, reasonable, and
407nondiscriminatory fee for the placement of the facilities,
408payable annually, based on the fair market value of space used
409by comparable communications facilities in the state. The
410department office and a wireless provider or telecommunications
411company may negotiate the reduction or elimination of a fee in
412consideration of services provided to the department office by
413the wireless provider or telecommunications company. All such
414fees collected by the department office shall be deposited
415directly into the Law Enforcement Radio Operating Trust Fund,
416and may be used by the department office to construct, maintain,
417or support the system.
418     (20)(23)  To provide an integrated electronic system for
419deploying government products, services, and information to
420individuals and businesses which reflects cost-effective
421deployment strategies in keeping with industry standards and
422practices and includes protections and security of private
423information as well as maintenance of public records.
424     (a)  The integrated electronic system shall reflect cost-
425effective deployment strategies in keeping with industry
426standards and practices, including protections and security of
427private information as well as maintenance of public records.
428     (b)  The office shall provide a method for assessing fiscal
429accountability for the integrated electronic system and shall
430establish the organizational structure required to implement
431this system.
432     (24)  To provide administrative support to the Agency Chief
433Information Officers Council and other workgroups created by the
434Chief Information Officer.
435     (25)  To facilitate state information technology education
436and training for senior management and other agency staff.
437     (26)  To prepare, on behalf of the Executive Office of the
438Governor, memoranda on recommended guidelines and best practices
439for information resources management, when requested.
440     (27)  To prepare, publish, and disseminate the State Annual
441Report on Enterprise Resource Planning and Management under s.
442282.310.
443     (28)  To study and make a recommendation to the Governor
444and Legislature on the feasibility of implementing online voting
445in this state.
446     (29)  To facilitate the development of a network access
447point in this state, as needed.
448     (30)  To designate a State Chief Privacy Officer who shall
449be responsible for the continual review of policies, laws,
450rules, and practices of state agencies which may affect the
451privacy concerns of state residents.
452     Section 10.  Section 282.103, Florida Statutes, is amended
453to read:
454     282.103  SUNCOM Network; exemptions from the required
455use.--
456     (1)  There is created within the Department of Management
457Services State Technology Office the SUNCOM Network which shall
458be developed to serve as the state communications system for
459providing local and long-distance communications services to
460state agencies, political subdivisions of the state,
461municipalities, state universities, and nonprofit corporations
462pursuant to ss. 282.101-282.111. The SUNCOM Network shall be
463developed to transmit all types of communications signals,
464including, but not limited to, voice, data, video, image, and
465radio. State agencies shall cooperate and assist in the
466development and joint use of communications systems and
467services.
468     (2)  The department State Technology Office shall design,
469engineer, implement, manage, and operate through state
470ownership, commercial leasing, or some combination thereof, the
471facilities and equipment providing SUNCOM Network services, and
472shall develop a system of equitable billings and charges for
473communication services.
474     (3)  All state agencies and state universities are required
475to use the SUNCOM Network for agency and state university
476communications services as the services become available;
477however, no agency or university is relieved of responsibility
478for maintaining communications services necessary for effective
479management of its programs and functions. If a SUNCOM Network
480service does not meet the communications requirements of an
481agency or university, the agency or university shall notify the
482department State Technology Office in writing and detail the
483requirements for that communications service. If the department
484office is unable to meet an agency's or university's
485requirements by enhancing SUNCOM Network service, the department
486office may grant the agency or university an exemption from the
487required use of specified SUNCOM Network services.
488     Section 11.  Section 282.104, Florida Statutes, is amended
489to read:
490     282.104  Use of state SUNCOM Network by
491municipalities.--Any municipality may request the department
492State Technology Office to provide any or all of the SUNCOM
493Network's portfolio of communications services upon such terms
494and under such conditions as the department office may
495establish. The requesting municipality shall pay its share of
496installation and recurring costs according to the published
497rates for SUNCOM Network services and as invoiced by the
498department office. Such municipality shall also pay for any
499requested modifications to existing SUNCOM Network services, if
500any charges apply.
501     Section 12.  Section 282.105, Florida Statutes, is amended
502to read:
503     282.105  Use of state SUNCOM Network by nonprofit
504corporations.--
505     (1)  The department State Technology Office shall provide a
506means whereby private nonprofit corporations under contract with
507state agencies or political subdivisions of the state may use
508the state SUNCOM Network, subject to the limitations in this
509section. In order to qualify to use the state SUNCOM Network, a
510nonprofit corporation shall:
511     (a)  Expend the majority of its total direct revenues for
512the provision of contractual services to the state, a
513municipality, or a political subdivision of the state; and
514     (b)  Receive only a small portion of its total revenues
515from any source other than a state agency, a municipality, or a
516political subdivision of the state during the period of time
517SUNCOM Network services are requested.
518     (2)  Each nonprofit corporation seeking authorization to
519use the state SUNCOM Network pursuant to this section shall
520provide to the department office, upon request, proof of
521compliance with subsection (1).
522     (3)  Nonprofit corporations established pursuant to general
523law and an association of municipal governments which is wholly
524owned by the municipalities shall be eligible to use the state
525SUNCOM Network, subject to the terms and conditions of the
526department office.
527     (4)  Institutions qualified to participate in the William
528L. Boyd, IV, Florida Resident Access Grant Program pursuant to
529s. 1009.89 shall be eligible to use the state SUNCOM Network,
530subject to the terms and conditions of the department office.
531Such entities shall not be required to satisfy the other
532criteria of this section.
533     (5)  Private, nonprofit elementary and secondary schools
534shall be eligible for rates and services on the same basis as
535public schools, providing these nonpublic schools do not have an
536endowment in excess of $50 million.
537     Section 13.  Section 282.106, Florida Statutes, is amended
538to read:
539     282.106  Use of SUNCOM Network by libraries.--The
540department State Technology Office may provide SUNCOM Network
541services to any library in the state, including libraries in
542public schools, community colleges, state universities, and
543nonprofit private postsecondary educational institutions, and
544libraries owned and operated by municipalities and political
545subdivisions.
546     Section 14.  Section 282.1065, Florida Statutes, is created
547to read:
548     282.1065  Use of SUNCOM Network by hospitals.-- The
549department may provide SUNCOM Network services to hospitals or
550other facilities licensed under chapter 395 and their state
551associations who currently contract with or provide services on
552behalf of state or local governments.
553     Section 15.  Section 282.107, Florida Statutes, is amended
554to read:
555     282.107  SUNCOM Network; criteria for usage.--
556     (1)  The department State Technology Office shall
557periodically review the qualifications of subscribers using the
558state SUNCOM Network and shall terminate services provided to
559any facility not qualified pursuant to ss. 282.101-282.111 or
560rules adopted hereunder. In the event of nonpayment of invoices
561by subscribers whose SUNCOM Network invoices are paid from
562sources other than legislative appropriations, such nonpayment
563represents good and sufficient reason to terminate service.
564     (2)  The department State Technology Office shall adopt
565rules setting forth its procedures for withdrawing and restoring
566authorization to use the state SUNCOM Network. Such rules shall
567provide a minimum of 30 days' notice to affected parties prior
568to termination of voice communications service.
569     (3)  Nothing in this section shall be construed to limit or
570restrict the ability of the Florida Public Service Commission to
571set jurisdictional tariffs of telecommunications companies.
572     Section 16.  Section 282.1095, Florida Statutes, is amended
573to read:
574     282.1095  State agency law enforcement radio system and
575interoperability network.--
576     (1)  The department State Technology Office may acquire and
577implement a statewide radio communications system to serve law
578enforcement units of state agencies, and to serve local law
579enforcement agencies through mutual aid channels. The Joint Task
580Force on State Agency Law Enforcement Communications is
581established in the department State Technology Office to advise
582the department office of member-agency needs for the planning,
583designing, and establishment of the joint system. The State
584Agency Law Enforcement Radio System Trust Fund is established in
585the department State Technology Office. The trust fund shall be
586funded from surcharges collected under ss. 320.0802 and 328.72.
587     (2)(a)  The Joint Task Force on State Agency Law
588Enforcement Communications shall consist of eight members, as
589follows:
590     1.  A representative of the Division of Alcoholic Beverages
591and Tobacco of the Department of Business and Professional
592Regulation who shall be appointed by the secretary of the
593department.
594     2.  A representative of the Division of Florida Highway
595Patrol of the Department of Highway Safety and Motor Vehicles
596who shall be appointed by the executive director of the
597department.
598     3.  A representative of the Department of Law Enforcement
599who shall be appointed by the executive director of the
600department.
601     4.  A representative of the Fish and Wildlife Conservation
602Commission who shall be appointed by the executive director of
603the commission.
604     5.  A representative of the Division of Law Enforcement of
605the Department of Environmental Protection who shall be
606appointed by the secretary of the department.
607     6.  A representative of the Department of Corrections who
608shall be appointed by the secretary of the department.
609     7.  A representative of the Division of State Fire Marshal
610of the Department of Financial Services who shall be appointed
611by the State Fire Marshal.
612     8.  A representative of the Department of Transportation
613who shall be appointed by the secretary of the department.
614     (b)  Each appointed member of the joint task force shall
615serve at the pleasure of the appointing official. Any vacancy on
616the joint task force shall be filled in the same manner as the
617original appointment. Any joint task force member may, upon
618notification to the chair prior to the beginning of any
619scheduled meeting, appoint an alternative to represent the
620member on the task force and vote on task force business in his
621or her absence.
622     (c)  The joint task force shall elect a chair from among
623its members to serve a 1-year term. A vacancy in the chair of
624the joint task force must be filled for the remainder of the
625unexpired term by an election of the joint task force members.
626     (d)  The joint task force shall meet as necessary, but at
627least quarterly, at the call of the chair and at the time and
628place designated by him or her.
629     (e)  The per diem and travel expenses incurred by a member
630of the joint task force in attending its meetings and in
631attending to its affairs shall be paid pursuant to s. 112.061,
632from funds budgeted to the state agency that the member
633represents.
634     (f)  The department State Technology Office is hereby
635authorized to rent or lease space on any tower under its
636control. The department office may also rent, lease, or sublease
637ground space as necessary to locate equipment to support
638antennae on the towers. The costs for use of such space shall be
639established by the department office for each site, when it is
640determined to be practicable and feasible to make space
641available. The department office may refuse to lease space on
642any tower at any site. All moneys collected by the department
643office for such rents, leases, and subleases shall be deposited
644directly into the Law Enforcement Radio Operating Trust Fund and
645may be used by the department office to construct, maintain, or
646support the system.
647     (g)  The department State Technology Office is hereby
648authorized to rent, lease, or sublease ground space on lands
649acquired by the department office for the construction of
650privately owned or publicly owned towers. The department office
651may, as a part of such rental, lease, or sublease agreement,
652require space on said tower or towers for antennae as may be
653necessary for the construction and operation of the state agency
654law enforcement radio system or any other state need. The
655positions necessary for the department office to accomplish its
656duties under this paragraph and paragraph (f) shall be
657established in the General Appropriations Act and shall be
658funded by the Law Enforcement Radio Operating Trust Fund or
659other revenue sources.
660     (h)  The department State Technology Office may make the
661mutual aid channels in the statewide radio communications system
662available to federal agencies, state agencies, and agencies of
663the political subdivisions of the state for the purpose of
664public safety and domestic security. The department office shall
665exercise its powers and duties, as specified in this chapter, to
666plan, manage, and administer the mutual aid channels. The
667department office shall, in implementing such powers and duties,
668act in consultation and conjunction with the Department of Law
669Enforcement and the Division of Emergency Management of the
670Department of Community Affairs, and shall manage and administer
671the mutual aid channels in a manner that reasonably addresses
672the needs and concerns of the involved law enforcement agencies
673and emergency response agencies and entities.
674     (3)  Upon appropriation, moneys in the trust fund may be
675used by the department office to acquire by competitive
676procurement the equipment; software; and engineering,
677administrative, and maintenance services it needs to construct,
678operate, and maintain the statewide radio system. Moneys in the
679trust fund collected as a result of the surcharges set forth in
680ss. 320.0802 and 328.72 shall be used to help fund the costs of
681the system. Upon completion of the system, moneys in the trust
682fund may also be used by the department office to provide for
683payment of the recurring maintenance costs of the system.
684     (4)(a)  The department office shall, in conjunction with
685the Department of Law Enforcement and the Division of Emergency
686Management of the Department of Community Affairs, establish
687policies, procedures, and standards which shall be incorporated
688into a comprehensive management plan for the use and operation
689of the statewide radio communications system.
690     (b)  The joint task force, in consultation with the
691department office, shall have the authority to permit other
692state agencies to use the communications system, under terms and
693conditions established by the joint task force.
694     (5)  The department office shall provide technical support
695to the joint task force and shall bear the overall
696responsibility for the design, engineering, acquisition, and
697implementation of the statewide radio communications system and
698for ensuring the proper operation and maintenance of all system
699common equipment.
700     (6)(a)  The department State Technology Office may create
701and implement an interoperability network to enable
702interoperability between various radio communications
703technologies and to serve federal agencies, state agencies, and
704agencies of political subdivisions of the state for the purpose
705of public safety and domestic security. The department office
706shall, in conjunction with the Department of Law Enforcement and
707the Division of Emergency Management of the Department of
708Community Affairs, exercise its powers and duties pursuant to
709this chapter to plan, manage, and administer the
710interoperability network. The department office may:
711     1.  Enter into mutual aid agreements among federal
712agencies, state agencies, and political subdivisions of the
713state for the use of the interoperability network.
714     2.  Establish the cost of maintenance and operation of the
715interoperability network and charge subscribing federal and
716local law enforcement agencies for access and use of the
717network. The department State Technology Office may not charge
718state law enforcement agencies identified in paragraph (2)(a) to
719use the network.
720     3.  In consultation with the Department of Law Enforcement
721and the Division of Emergency Management of the Department of
722Community Affairs, amend and enhance the statewide radio
723communications system as necessary to implement the
724interoperability network.
725     (b)  The department State Technology Office, in
726consultation with the Joint Task Force on State Agency Law
727Enforcement Communications, and in conjunction with the
728Department of Law Enforcement and the Division of Emergency
729Management of the Department of Community Affairs, shall
730establish policies, procedures, and standards to incorporate
731into a comprehensive management plan for the use and operation
732of the interoperability network.
733     Section 17.  Section 282.111, Florida Statutes, is amended
734to read:
735     282.111  Statewide system of regional law enforcement
736communications.--
737     (1)  It is the intent and purpose of the Legislature that a
738statewide system of regional law enforcement communications be
739developed whereby maximum efficiency in the use of existing
740radio channels is achieved in order to deal more effectively
741with the apprehension of criminals and the prevention of crime
742generally. To this end, all law enforcement agencies within the
743state are directed to provide the department State Technology
744Office with any information the department office requests for
745the purpose of implementing the provisions of subsection (2).
746     (2)  The department State Technology Office is hereby
747authorized and directed to develop and maintain a statewide
748system of regional law enforcement communications. In
749formulating such a system, the department office shall divide
750the state into appropriate regions and shall develop a program
751which shall include, but not be limited to, the following
752provisions:
753     (a)  The communications requirements for each county and
754municipality comprising the region.
755     (b)  An interagency communications provision which shall
756depict the communication interfaces between municipal, county,
757and state law enforcement entities which operate within the
758region.
759     (c)  Frequency allocation and use provision which shall
760include, on an entity basis, each assigned and planned radio
761channel and the type of operation, simplex, duplex, or half-
762duplex, on each channel.
763     (3)  The department office shall adopt any necessary rules
764and regulations for implementing and coordinating the statewide
765system of regional law enforcement communications.
766     (4)  The secretary of the Department of Management Services
767Chief Information Officer of the State Technology Office or his
768or her designee is designated as the director of the statewide
769system of regional law enforcement communications and, for the
770purpose of carrying out the provisions of this section, is
771authorized to coordinate the activities of the system with other
772interested state agencies and local law enforcement agencies.
773     (5)  No law enforcement communications system shall be
774established or present system expanded without the prior
775approval of the department State Technology Office.
776     (6)  Within the limits of its capability, the Department of
777Law Enforcement is encouraged to lend assistance to the
778department State Technology Office in the development of the
779statewide system of regional law enforcement communications
780proposed by this section.
781     Section 18.  Section 282.20, Florida Statutes, is amended
782to read:
783     282.20  Technology Resource Center.--
784     (1)(a)  The Department of Management Services State
785Technology Office shall operate and manage the Technology
786Resource Center.
787     (b)  For the purposes of this section, the term:
788     1.  "Information-system utility" means a full-service
789information-processing facility offering hardware, software,
790operations, integration, networking, and consulting services.
791     2.  "Customer" means a state agency or other entity which
792is authorized to utilize the SUNCOM Network pursuant to this
793part.
794     (2)  The Technology Resource Center shall:
795     (a)  Serve the department office and other customers as an
796information-system utility.
797     (b)  Cooperate with customers to offer, develop, and
798support a wide range of services and applications needed by
799users of the Technology Resource Center.
800     (c)  Cooperate with the Florida Legal Resource Center of
801the Department of Legal Affairs and other state agencies to
802develop and provide access to repositories of legal information
803throughout the state.
804     (d)  Cooperate with the department office to facilitate
805interdepartmental networking and integration of network services
806for its customers.
807     (e)  Assist customers in testing and evaluating new and
808emerging technologies that could be used to meet the needs of
809the state.
810     (3)  The department office may contract with customers to
811provide any combination of services necessary for agencies to
812fulfill their responsibilities and to serve their users.
813     (4)  The Technology Resource Center may plan, design,
814establish pilot projects for, and conduct experiments with
815information technology resources, and may implement enhancements
816in services when such implementation is cost-effective. Funding
817for experiments and pilot projects shall be derived from service
818revenues and may not exceed 5 percent of the service revenues
819for the Technology Resource Center for any single fiscal year.
820Any experiment, pilot project, plan, or design must be approved
821by the secretary of the department Chief Information Officer.
822     (5)  Notwithstanding the provisions of s. 216.272, the
823Technology Resource Center may spend funds in the reserve
824account of the Technology Enterprise Operating Trust Fund for
825enhancements to center operations or for information technology
826resources. Any expenditure of reserve account funds must be
827approved by the secretary of the department Chief Information
828Officer. Any funds remaining in the reserve account at the end
829of the fiscal year may be carried forward and spent as approved
830by the secretary Chief Information Officer, provided that such
831approval conforms to any applicable provisions of chapter 216.
832     Section 19.  Section 282.21, Florida Statutes, is amended
833to read:
834     282.21  The State Technology Office's Electronic access
835services of the department.--The department State Technology
836Office may collect fees for providing remote electronic access
837pursuant to s. 119.07(2). The fees may be imposed on individual
838transactions or as a fixed subscription for a designated period
839of time. All fees collected under this section shall be
840deposited in the appropriate trust fund of the program or
841activity that made the remote electronic access available.
842     Section 20.  Section 282.22, Florida Statutes, is amended
843to read:
844     282.22  State Technology Office; Production, dissemination,
845and ownership of materials and products.--
846     (1)  It is the intent of the Legislature that when
847materials, products, information, and services are acquired or
848developed by or under the direction of the department State
849Technology Office, through research and development or other
850efforts, including those subject to copyright, patent, or
851trademark, they shall be made available for use by state and
852local government entities at the earliest practicable date and
853in the most economical and efficient manner possible and
854consistent with chapter 119.
855     (2)  To accomplish this objective the department may office
856is authorized to publish or partner with private sector entities
857to produce or have produced materials and products and to make
858them readily available for appropriate use. The department may
859office is authorized to charge an amount or receive value-added
860services adequate to cover the essential cost of producing and
861disseminating such materials, information, services, or products
862and is authorized to sell services.
863     (3)  If In cases in which the materials or products are of
864such nature, or the circumstances are such, that it is not
865practicable or feasible for the department office to produce or
866have produced materials and products so developed, it is
867authorized, after review and approval by the Executive Office of
868the Governor, to license, lease, assign, sell, or otherwise give
869written consent to any person, firm, or corporation for the
870manufacture or use thereof, on a royalty basis, or for such
871other consideration as the department deems office shall deem
872proper and in the best interest of the state; the department
873shall office is authorized and directed to protect same against
874improper or unlawful use or infringement and to enforce the
875collection of any sums due for the manufacture or use thereof by
876any other party.
877     (4)  All proceeds from the sale of such materials and
878products or other money collected pursuant to this section shall
879be deposited into the Grants and Donations Trust Fund of the
880department office and, when properly budgeted as approved by the
881Legislature and the Executive Office of the Governor, used to
882pay the cost of producing and disseminating materials and
883products to carry out the intent of this section.
884     Section 21.  Section 282.23, Florida Statutes, is repealed.
885     Section 22.  Section 282.3025, Florida Statutes, is created
886to read:
887     282.3025  Florida Technology Council; powers and duties.--
888     (1)  There is created a Florida Technology Council within
889the Department of Management Services. The council shall be
890headed by a State Chief Information Officer who is appointed by
891the Governor. The Department of Management Services shall
892provide administrative support and services to the council.
893     (2)  The council shall have the following powers, duties,
894and functions:
895     (a)  Develop and submit by January 15, 2006, a Statewide
896Information Technology Strategic Plan consistent with the
897provisions of s. 282.0051(1), and in consultation with the
898Agency Chief Information Officers Council. The plan must
899include, but need not be limited to, a description and
900recommendations as to how the state can deploy information
901technology that:
902     1.  Aligns state information technology resources and
903assets to achieve an enterprise perspective and focus state
904investments on initiatives that provide significant improvements
905in statewide service delivery and business operations.
906     2.  Makes state governmental information and services more
907accessible to residents and the state's clients.
908     3.  Improves governmental efficiency and cost-
909effectiveness.
910     4.  Improves security and performance of the state's
911information technology infrastructure.
912     5.  Makes recommendations for changes to the statutes which
913promote the findings of the report.
914     (b)  Develop enterprise information technology policies,
915standards, guidelines, and procedures in consultation with and
916subject to the approval of the Agency Chief Information Officers
917Council, the Technology Review Workgroup, and the department,
918relating to enterprise architecture, enterprise Internet portal,
919business continuity and disaster recovery, security, computing,
920networks, desktop equipment, and communications.
921     (c)  Recommend, in consultation with and subject to the
922approval of the Agency Chief Information Officers Council and
923the Technology Review Workgroup, a project management
924methodology for use by the agencies to meet the provisions of s.
925282.0051. The methodology shall be adopted by September 30,
9262005, for distribution to the agencies.
927     (d)  Develop, in consultation with and subject to the
928approval of the Agency Chief Information Officers Council and
929the Technology Review Workgroup, a model agency information
930technology investment management process and an information
931technology investment portfolio. The model process shall be
932adopted by September 30, 2005, for distribution to the agencies.
933      (e)  Review recommendations made by the Agency Chief
934Information Officers Council for improving information
935technology in agencies or the state and make recommendations to
936the Governor and the Legislature for consideration during
937legislative session.
938     (f)  Review each agency information technology investment
939portfolio and make recommendations to the Governor and the
940Legislature regarding opportunities consistent with s.
941282.0051(1).
942     (g)  Prepare, on behalf of the Executive Office of the
943Governor, memoranda on recommended guidelines and best practices
944for information technology, when requested.
945     (3)  The Florida Technology Council may adopt rules
946pursuant to ss. 120.536(1) and 120.54 to administer the
947provisions of this section.
948     Section 23.  Section 282.3031, Florida Statutes, is amended
949to read:
950     282.3031  Assignment of information technology planning and
951resources management responsibilities.--For purposes of ss.
952282.3032-282.322 282.303-282.322, to ensure the best management
953of state information technology resources, and notwithstanding
954other provisions of law to the contrary, the functions of
955information technology planning and resources management are
956assigned to the university boards of trustees for the
957development and implementation of planning, management,
958rulemaking, standards, and guidelines for the state
959universities; to the community college boards of trustees for
960establishing and developing rules for the community colleges; to
961the Supreme Court for the judicial branch; to each state
962attorney and public defender; and to the agency head State
963Technology Office for the agencies within the executive branch
964of state government.
965     Section 24.  Section 282.3032, Florida Statutes, is
966repealed.
967     Section 25.  Section 282.3055, Florida Statutes, is amended
968to read:
969     282.3055  Agency chief information officer; appointment;
970duties.--
971     (1)(a)  To assist the agency head State Technology Officer
972in carrying out information technology the enterprise resource
973planning and management responsibilities, the agency head Chief
974Information Officer may appoint or contract for an agency chief
975information officer. This position may be full time or part
976time.
977     (b)  The agency chief information officer must, at a
978minimum, have knowledge and experience in both management and
979information technology resources.
980     (2)  The duties of the agency chief information officer
981include, but are not limited to:
982     (a)  Coordinating and facilitating agency information
983technology enterprise resource planning and management projects
984and initiatives.
985     (b)  Preparing the an agency annual information technology
986investment portfolio report on enterprise resource planning and
987management pursuant to the provisions of s. 282.0051 s.
988282.3063.
989     (c)  Developing and implementing agency information
990technology enterprise resource planning and management policies,
991procedures, guidelines, and standards consistent with statewide
992policies, procedures, guidelines, and standards, including
993specific policies and procedures for review and approval of the
994agency's purchases of information technology resources in
995accordance with the office's policies and procedures.
996     (d)  Advising agency senior management as to the
997information technology enterprise resource planning and
998management and the information technology investment needs of
999the agency for inclusion in planning documents required by law.
1000     (e)  Staffing and supporting an agency information
1001technology investment management process.
1002     (e)  Assisting in the development and prioritization of the
1003enterprise resource planning and management schedule of the
1004agency's legislative budget request.
1005     Section 26.  Section 282.3063, Florida Statutes, is
1006repealed.
1007     Section 27.  Section 282.310, Florida Statutes, is
1008repealed.
1009     Section 28.  Section 282.315, Florida Statutes, is amended
1010to read:
1011     282.315  Agency Chief Information Officers Council;
1012creation.--The Legislature finds that enhancing communication,
1013consensus building, coordination, and facilitation of statewide
1014enterprise information technology resource planning and
1015management issues are is essential to improving state management
1016of such resources.
1017     (1)  There is created an Agency Chief Information Officers
1018Council to:
1019     (a)  Enhance communication among the agency chief
1020information officers and the Florida Technology Council by
1021sharing enterprise resource planning and management experiences
1022and exchanging ideas.
1023     (b)  Identify and recommend Facilitate the sharing of best
1024practices that are characteristic of highly successful
1025technology organizations, as well as exemplary information
1026technology applications of state agencies, and assist the
1027Florida Technology Council in the development of policies,
1028standards, guidelines, and procedures for use by all state
1029agencies.
1030     (c)  Identify efficiency opportunities among state agencies
1031to fulfill the guidelines in s. 282.3032 and make
1032recommendations for action to the Florida Technology Council.
1033     (d)  Serve as an educational forum for enterprise
1034information technology resource planning and management issues.
1035     (e)  Identify Assist the State Technology Office in
1036identifying critical statewide issues and, when appropriate,
1037make recommendations to the Florida Technology Council for
1038solving information technology enterprise resource planning and
1039management deficiencies.
1040     (2)  Members of the council shall include the agency chief
1041information officers, including the chief information officers
1042of the agencies and governmental entities enumerated in s.
1043282.3031, except that there shall be one chief information
1044officer selected by the state attorneys and one chief
1045information officer selected by the public defenders. The
1046chairs, or their designees, of the Florida Financial Management
1047Information System Coordinating Council, the Criminal and
1048Juvenile Justice Information Systems Council, and the Health
1049Information Systems Council shall represent their respective
1050organizations on the Agency Chief Information Officers Council
1051as voting members. The council shall appoint a chair, a vice
1052chair, and a secretary from its members to serve a 1-year term
1053each. The council shall establish procedures to govern council
1054business.
1055     (3)  The Florida Technology Council State Technology Office
1056shall provide administrative support to the council.
1057     Section 29.  Section 282.318, Florida Statutes, is amended
1058to read:
1059     282.318  Security of data and information technology
1060resources.--
1061     (1)  This section may be cited as the "Security of Data and
1062Information Technology Infrastructure Resources Act."
1063     (2)(a)  The State Technology Office, in consultation with
1064Each agency head, is responsible and accountable for assuring an
1065adequate level of security for all data and information
1066technology infrastructure resources of each agency and, to carry
1067out this responsibility, shall, at a minimum:
1068     1.  Designate an information security manager who shall
1069administer the security program of each agency for its data and
1070information technology resources.
1071     2.  Conduct, and periodically update, a comprehensive risk
1072analysis to determine the security threats to the data and
1073information technology infrastructure resources of each agency.
1074The risk analysis information is confidential and exempt from
1075the provisions of s. 119.07(1), except that such information
1076shall be available to the Auditor General in performing his or
1077her postauditing duties.
1078     3.  Develop, and periodically update, written internal
1079policies and procedures to assure the security of the data and
1080information technology infrastructure resources of each agency.
1081The internal policies and procedures which, if disclosed, could
1082facilitate the unauthorized modification, disclosure, or
1083destruction of data or information technology infrastructure
1084resources are confidential information and exempt from the
1085provisions of s. 119.07(1), except that such information shall
1086be available to the Auditor General in performing his or her
1087postauditing duties.
1088     4.  Implement appropriate cost-effective safeguards to
1089reduce, eliminate, or recover from the identified risks to the
1090data and information technology infrastructure resources of each
1091agency.
1092     5.  Ensure that periodic internal audits and evaluations of
1093each security program for the data and information technology
1094infrastructure resources of the agency are conducted. The
1095results of such internal audits and evaluations are confidential
1096information and exempt from the provisions of s. 119.07(1),
1097except that such information shall be available to the Auditor
1098General in performing his or her postauditing duties.
1099     6.  Include appropriate security requirements, as
1100determined by the agency State Technology Office, in
1101consultation with the Department of Law Enforcement each agency
1102head, in the written specifications for the solicitation of
1103information technology resources.
1104     (b)  In those instances in which the department State
1105Technology Office develops state contracts for use by state
1106agencies, the department office shall include appropriate
1107security requirements in the specifications for the solicitation
1108for state contracts for procuring information technology
1109infrastructure resources.
1110     Section 30.  Section 282.322, Florida Statutes, is amended
1111to read:
1112     282.322  Special monitoring process for designated
1113information resources management projects.--
1114     (1)  For each information resources management project
1115which is designated for special monitoring in the General
1116Appropriations Act, with a proviso requiring a contract with a
1117project monitor, the Technology Review Workgroup established
1118pursuant to s. 216.0446, in consultation with each affected
1119agency, shall be responsible for contracting with the project
1120monitor. Upon contract award, funds equal to the contract amount
1121shall be transferred to the Technology Review Workgroup upon
1122request and subsequent approval of a budget amendment pursuant
1123to s. 216.292. With the concurrence of the Legislative Auditing
1124Committee, the office of the Auditor General shall be the
1125project monitor for other projects designated for special
1126monitoring. However, nothing in this section precludes the
1127Auditor General from conducting such monitoring on any project
1128designated for special monitoring. In addition to monitoring and
1129reporting on significant communications between a contracting
1130agency and the appropriate federal authorities, the project
1131monitoring process shall consist of evaluating each major stage
1132of the designated project to determine whether the deliverables
1133have been satisfied and to assess the level of risks associated
1134with proceeding to the next stage of the project. The major
1135stages of each designated project shall be determined based on
1136the agency's information systems development methodology. Within
113720 days after an agency has completed a major stage of its
1138designated project or at least 90 days, the project monitor
1139shall issue a written report, including the findings and
1140recommendations for correcting deficiencies, to the agency head,
1141for review and comment. Within 20 days after receipt of the
1142project monitor's report, the agency head shall submit a written
1143statement of explanation or rebuttal concerning the findings and
1144recommendations of the project monitor, including any corrective
1145action to be taken by the agency. The project monitor shall
1146include the agency's statement in its final report, which shall
1147be forwarded, within 7 days after receipt of the agency's
1148statement, to the agency head, the inspector general's office of
1149the agency, the Executive Office of the Governor, the
1150appropriations committees of the Legislature, the Joint
1151Legislative Auditing Committee, the Technology Review Workgroup,
1152the President of the Senate, the Speaker of the House of
1153Representatives, and the Office of Program Policy Analysis and
1154Government Accountability. The Auditor General shall also
1155receive a copy of the project monitor's report for those
1156projects in which the Auditor General is not the project
1157monitor.
1158     (2)  The Enterprise Project Management Office of the State
1159Technology Office shall report any information technology
1160projects the office identifies as high-risk to the Executive
1161Office of the Governor, the President of the Senate, the Speaker
1162of the House of Representatives, and the chairs of the
1163appropriations committees. Within the limits of current
1164appropriations, the Enterprise Project Management Office shall
1165monitor and report on such high-risk information technology
1166projects, and assess the levels of risks associated with
1167proceeding to the next stage of the project.
1168     Section 31.  Paragraph (a) of subsection (3), subsections
1169(4), (5), (7), (9), (10), and (12), and paragraph (a) of
1170subsection (13) of section 365.171, Florida Statutes, are
1171amended to read:
1172     365.171  Emergency telephone number "911."--
1173     (3)  DEFINITIONS.--As used in this section:
1174     (a)  "Department Office" means the Department of Management
1175Services State Technology Office.
1176     (4)  STATE PLAN.--The department office shall develop a
1177statewide emergency telephone number "911" system plan. The plan
1178shall provide for:
1179     (a)  The establishment of the public agency emergency
1180telephone communications requirements for each entity of local
1181government in the state.
1182     (b)  A system to meet specific local government
1183requirements. Such system shall include law enforcement,
1184firefighting, and emergency medical services and may include
1185other emergency services such as poison control, suicide
1186prevention, and emergency management services.
1187     (c)  Identification of the mutual aid agreements necessary
1188to obtain an effective "911" system.
1189     (d)  A funding provision which shall identify the cost
1190necessary to implement the "911" system.
1191     (e)  A firm implementation schedule which shall include the
1192installation of the "911" system in a local community within 24
1193months after the designated agency of the local government gives
1194a firm order to the telephone utility for a "911" system.
1195
1196The department office shall be responsible for the
1197implementation and coordination of such plan. The department
1198office shall adopt any necessary rules and schedules related to
1199public agencies for implementing and coordinating such plan,
1200pursuant to chapter 120. The public agency designated in the
1201plan shall order such system within 6 months after publication
1202date of the plan if the public agency is in receipt of funds
1203appropriated by the Legislature for the implementation and
1204maintenance of the "911" system. Any jurisdiction which has
1205utilized local funding as of July 1, 1976, to begin the
1206implementation of the state plan as set forth in this section
1207shall be eligible for at least a partial reimbursement of its
1208direct cost when, and if, state funds are available for such
1209reimbursement.
1210     (5)  SYSTEM DIRECTOR.--The secretary director of the
1211department office or his or her designee is designated as the
1212director of the statewide emergency telephone number "911"
1213system and, for the purpose of carrying out the provisions of
1214this section, is authorized to coordinate the activities of the
1215system with state, county, local, and private agencies. The
1216secretary director is authorized to employ not less than five
1217persons, three of whom will be at the professional level, one at
1218the secretarial level, and one to fill a fiscal position, for
1219the purpose of carrying out the provisions of this section. The
1220secretary director in implementing the system shall consult,
1221cooperate, and coordinate with local law enforcement agencies.
1222     (7)  TELEPHONE INDUSTRY COORDINATION.--The department
1223office shall coordinate with the Florida Public Service
1224Commission which shall encourage the Florida telephone industry
1225to activate facility modification plans for a timely "911"
1226implementation.
1227     (9)  SYSTEM APPROVAL.--No emergency telephone number "911"
1228system shall be established and no present system shall be
1229expanded without prior approval of the department office.
1230     (10)  COMPLIANCE.--All public agencies shall assist the
1231department office in their efforts to carry out the intent of
1232this section, and such agencies shall comply with the developed
1233plan.
1234     (12)  FEDERAL ASSISTANCE.--The secretary of the department
1235office or his or her designee may apply for and accept federal
1236funding assistance in the development and implementation of a
1237statewide emergency telephone number "911" system.
1238     (13)  "911" FEE.--
1239     (a)  Following approval by referendum as set forth in
1240paragraph (b), or following approval by a majority vote of its
1241board of county commissioners, a county may impose a "911" fee
1242to be paid by the local exchange subscribers within its
1243boundaries served by the "911" service. Proceeds from the "911"
1244fee shall be used only for "911" expenditures as set forth in
1245subparagraph 6. The manner of imposing and collecting said
1246payment shall be as follows:
1247     1.  At the request of the county subscribing to "911"
1248service, the telephone company shall, insofar as is practicable,
1249bill the "911" fee to the local exchange subscribers served by
1250the "911" service, on an individual access line basis, at a rate
1251not to exceed 50 cents per month per line (up to a maximum of 25
1252access lines per account bill rendered). However, the fee may
1253not be assessed on any pay telephone in this state. A county
1254collecting the fee for the first time may collect the fee for no
1255longer than 36 months without initiating the acquisition of its
1256"911" equipment.
1257     2.  Fees collected by the telephone company pursuant to
1258subparagraph 1. shall be returned to the county, less the costs
1259of administration retained pursuant to paragraph (c). The county
1260shall provide a minimum of 90 days' written notice to the
1261telephone company prior to the collection of any "911" fees.
1262     3.  Any county that currently has an operational "911"
1263system or that is actively pursuing the implementation of a
1264"911" system shall establish a fund to be used exclusively for
1265receipt and expenditure of "911" fee revenues collected pursuant
1266to this section. All fees placed in said fund, and any interest
1267accrued thereupon, shall be used solely for "911" costs
1268described in subparagraph 6. The money collected and interest
1269earned in this fund shall be appropriated for "911" purposes by
1270the county commissioners and incorporated into the annual county
1271budget. Such fund shall be included within the financial audit
1272performed in accordance with s. 218.39. A report of the audit
1273shall be forwarded to the department office within 60 days of
1274its completion. A county may carry forward on an annual basis
1275unspent moneys in the fund for expenditures allowed by this
1276section, or it may reduce its fee. However, in no event shall a
1277county carry forward more than 10 percent of the "911" fee
1278billed for the prior year. The amount of moneys carried forward
1279each year may be accumulated in order to allow for capital
1280improvements described in this subsection. The carryover shall
1281be documented by resolution of the board of county commissioners
1282expressing the purpose of the carryover or by an adopted capital
1283improvement program identifying projected expansion or
1284replacement expenditures for "911" equipment and service
1285features, or both. In no event shall the "911" fee carryover
1286surplus moneys be used for any purpose other than for the "911"
1287equipment, service features, and installation charges authorized
1288in subparagraph 6. Nothing in this section shall prohibit a
1289county from using other sources of revenue for improvements,
1290replacements, or expansions of its "911" system. A county may
1291increase its fee for purposes authorized in this section.
1292However, in no case shall the fee exceed 50 cents per month per
1293line. All current "911" fees shall be reported to the department
1294office within 30 days of the start of each county's fiscal
1295period. Any fee adjustment made by a county shall be reported to
1296the department office. A county shall give the telephone company
1297a 90-day written notice of such fee adjustment.
1298     4.  The telephone company shall have no obligation to take
1299any legal action to enforce collection of the "911" fee. The
1300telephone company shall provide quarterly to the county a list
1301of the names, addresses, and telephone numbers of any and all
1302subscribers who have identified to the telephone company their
1303refusal to pay the "911" fee.
1304     5.  The county subscribing to "911" service shall remain
1305liable to the telephone company for any "911" service,
1306equipment, operation, or maintenance charge owed by the county
1307to the telephone company.
1308
1309As used in this paragraph, "telephone company" means an exchange
1310telephone service provider of "911" service or equipment to any
1311county within its certificated area.
1312     6.  It is the intent of the Legislature that the "911" fee
1313authorized by this section to be imposed by counties will not
1314necessarily provide the total funding required for establishing
1315or providing the "911" service. For purposes of this section,
1316"911" service includes the functions of database management,
1317call taking, location verification, and call transfer. The
1318following costs directly attributable to the establishment
1319and/or provision of "911" service are eligible for expenditure
1320of moneys derived from imposition of the "911" fee authorized by
1321this section: the acquisition, implementation, and maintenance
1322of Public Safety Answering Point (PSAP) equipment and "911"
1323service features, as defined in the Florida Public Service
1324Commission's lawfully approved "911" and related tariffs and/or
1325the acquisition, installation, and maintenance of other "911"
1326equipment, including call answering equipment, call transfer
1327equipment, ANI controllers, ALI controllers, ANI displays, ALI
1328displays, station instruments, "911" telecommunications systems,
1329teleprinters, logging recorders, instant playback recorders,
1330telephone devices for the deaf (TDD) used in the "911" system,
1331PSAP backup power systems, consoles, automatic call
1332distributors, and interfaces (hardware and software) for
1333computer-aided dispatch (CAD) systems; salary and associated
1334expenses for "911" call takers for that portion of their time
1335spent taking and transferring "911" calls; salary and associated
1336expenses for a county to employ a full-time equivalent "911"
1337coordinator position and a full-time equivalent staff assistant
1338position per county for the portion of their time spent
1339administrating the "911" system; training costs for PSAP call
1340takers in the proper methods and techniques used in taking and
1341transferring "911" calls; expenses required to develop and
1342maintain all information (ALI and ANI databases and other
1343information source repositories) necessary to properly inform
1344call takers as to location address, type of emergency, and other
1345information directly relevant to the "911" call-taking and
1346transferring function; and, in a county defined in s.
1347125.011(1), such expenses related to a nonemergency "311"
1348system, or similar nonemergency system, which improves the
1349overall efficiency of an existing "911" system or reduces "911"
1350emergency response time for a 2-year pilot project that ends
1351June 30, 2003. However, no wireless telephone service provider
1352shall be required to participate in this pilot project or to
1353otherwise implement a nonemergency "311" system or similar
1354nonemergency system. The "911" fee revenues shall not be used to
1355pay for any item not listed, including, but not limited to, any
1356capital or operational costs for emergency responses which occur
1357after the call transfer to the responding public safety entity
1358and the costs for constructing buildings, leasing buildings,
1359maintaining buildings, or renovating buildings, except for those
1360building modifications necessary to maintain the security and
1361environmental integrity of the PSAP and "911" equipment rooms.
1362     7.  It is the goal of the Legislature that enhanced "911"
1363service be available throughout the state. Expenditure by
1364counties of the "911" fees authorized by this section should
1365support this goal to the greatest extent feasible within the
1366context of local service needs and fiscal capability. Nothing in
1367this section shall be construed to prohibit two or more counties
1368from establishing a combined emergency "911" telephone service
1369by interlocal agreement and utilizing the "911" fees authorized
1370by this section for such combined "911" service.
1371
1372As used in this paragraph, "telephone company" means an exchange
1373telephone service provider of "911" service or equipment to any
1374county within its certificated area.
1375     Section 32.  Paragraph (d) of subsection (2), paragraph (f)
1376of subsection (3), subsection (4), paragraph (a) of subsection
1377(5), and paragraphs (c) and (d) of subsection (6) of section
1378365.172, Florida Statutes, are amended to read:
1379     365.172  Wireless emergency telephone number "E911."--
1380     (2)  FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The
1381Legislature finds and declares that:
1382     (d)  The revenues generated by the E911 fee imposed under
1383this section are required to fund the efforts of the counties,
1384the Wireless 911 Board under the Department of Management
1385Services State Technology Office, and commercial mobile radio
1386service providers to improve the public health, safety, and
1387welfare and serve a public purpose by providing emergency
1388telephone assistance through wireless communications.
1389     (3)  DEFINITIONS.--As used in this section and ss. 365.173
1390and 365.174, the term:
1391     (f)  "Department Office" means the Department of Management
1392Services State Technology Office.
1393     (4)  POWERS AND DUTIES OF THE DEPARTMENT OFFICE.--The
1394department office shall oversee the administration of the fee
1395imposed on subscribers of statewide E911 service under
1396subsection (8).
1397     (5)  THE WIRELESS 911 BOARD.--
1398     (a)  The Wireless 911 Board is established to administer,
1399with oversight by the department office, the fee imposed under
1400subsection (8), including receiving revenues derived from the
1401fee; distributing portions of such revenues to providers,
1402counties, and the department office; accounting for receipts,
1403distributions, and income derived by the funds maintained in the
1404fund; and providing annual reports to the Governor and the
1405Legislature for submission by the department office on amounts
1406collected and expended, the purposes for which expenditures have
1407been made, and the status of wireless E911 service in this
1408state. In order to advise and assist the department office in
1409carrying out the purposes of this section, the board, which
1410shall have the power of a body corporate, shall have the powers
1411enumerated in subsection (6).
1412     (6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
1413     (c)  By February 28 of each year, the board shall prepare a
1414report for submission by the department office to the Governor,
1415the President of the Senate, and the Speaker of the House of
1416Representatives which reflects, for the immediately preceding
1417calendar year, the quarterly and annual receipts and
1418disbursements of moneys in the fund, the purposes for which
1419disbursements of moneys from the fund have been made, and the
1420availability and status of implementation of E911 service in
1421this state.
1422     (d)  By February 28, 2001, the board shall undertake and
1423complete a study for submission by the department office to the
1424Governor, the President of the Senate, and the Speaker of the
1425House of Representatives which addresses:
1426     1.  The total amount of E911 fee revenues collected by each
1427provider, the total amount of expenses incurred by each provider
1428to comply with the order, and the amount of moneys on deposit in
1429the fund, all as of December 1, 2000.
1430     2.  Whether the amount of the E911 fee and the allocation
1431percentages set forth in s. 365.173 should be adjusted to comply
1432with the requirements of the order, and, if so, a recommended
1433adjustment to the E911 fee.
1434     3.  Any other issues related to providing wireless E911
1435services.
1436     Section 33.  Subsections (2), (5), (6), and (9) of section
1437445.049, Florida Statutes, are amended to read:
1438     445.049  Digital Divide Council.--
1439     (2)  DIGITAL DIVIDE COUNCIL.--The Digital Divide Council is
1440created in the Department of Management Services State
1441Technology Office. The council shall consist of:
1442     (a)  The Secretary of Management Services or his or her
1443designee chief information officer in the State Technology
1444Office.
1445     (b)  The director of the Office of Tourism, Trade, and
1446Economic Development in the Executive Office of the Governor.
1447     (c)  The president of Workforce Florida, Inc.
1448     (d)  The director of the Agency for Workforce Innovation.
1449     (e)  The chair of itflorida.com, Inc.
1450     (f)  The Commissioner of Education.
1451     (g)  The chair of the Network Access Point of the Americas.
1452     (h)  A representative of the information technology
1453industry in this state appointed by the Speaker of the House of
1454Representatives.
1455     (i)  A representative of the information technology
1456industry in this state appointed by the President of the Senate.
1457     (j)  Two members of the House of Representatives, who shall
1458be ex officio, nonvoting members of the council, appointed by
1459the Speaker of the House of Representatives, one of whom shall
1460be a member of the Republican Caucus and the other of whom shall
1461be a member of the Democratic Caucus.
1462     (k)  Two members of the Senate, who shall be ex officio,
1463nonvoting members of the council, appointed by the President of
1464the Senate, one of whom shall be a member of the Republican
1465Caucus and the other of whom shall be a member of the Democratic
1466Caucus.
1467     (5)  ADMINISTRATIVE AND TECHNICAL SUPPORT; PAYMENT OF
1468SUPPORT COSTS.--The Department of Management Services State
1469Technology Office shall provide such administrative and
1470technical support to the council as is reasonably necessary for
1471the council to effectively and timely carry out its duties and
1472responsibilities. All direct and indirect costs of providing
1473such support and performing the other duties assigned to the
1474Department of Management Services State Technology Office
1475related to design and implementation of the programs authorized
1476by this section may be paid from appropriations authorized to be
1477used for such purposes.
1478     (6)  POWERS AND DUTIES OF COUNCIL.--The council, through
1479the Department of Management Services State Technology Office,
1480is authorized and empowered to facilitate the design and
1481implementation of programs that are aimed at achieving the
1482objectives and goals stated in this section. The Department of
1483Management Services State Technology Office shall present and
1484demonstrate to the council the design characteristics and
1485functional elements of each program proposed to be implemented
1486to achieve the objectives and goals stated in this section and
1487each such program shall be reviewed and approved by the council
1488before being implemented. Such programs shall initially be
1489implemented as pilot programs in a minimum of six different
1490areas of the state to develop model programs that are likely to
1491be successful if implemented throughout the state. The areas of
1492the state where the pilot programs are implemented shall be
1493selected by the council with the objectives of testing the
1494merits of the programs in each geographic region of the state
1495and providing equal exposure of the programs to urban and rural
1496communities alike. Implementation of all such pilot and model
1497programs shall be administered by and through the local
1498workforce development boards and each such board shall
1499coordinate and confirm the ready availability and timely
1500delivery of all elements of such programs to ensure the highest
1501probability of such programs achieving their intended results.
1502     (9)  ANNUAL REPORT.--By March 1 each year, 2002, the
1503council, through the Department of Management Services State
1504Technology Office, shall report to the Executive Office of the
1505Governor, the Speaker of the House of Representatives, and the
1506President of the Senate the results of the council's monitoring,
1507reviewing, and evaluating such programs since their inception
1508and the council's recommendations as to whether such programs
1509should be continued and expanded to achieve the objectives and
1510goals stated in this section.
1511     Section 34.  This act shall take effect July 1, 2005.
1512
1513================= T I T L E  A M E N D M E N T =================
1514     Remove the entire title and insert:
1515
A bill to be entitled
1516An act relating to information technology management;
1517creating s. 282.0051, F.S.; providing legislative findings
1518and intent; providing definitions; providing each agency
1519use an information technology investment management
1520process to support investment decisions; requiring each
1521agency to submit its information technology portfolio as
1522part of its legislative budget request; requiring that
1523agencies implement and administer a project management
1524methodology; providing requirements for project
1525administration; amending s. 20.22, F.S.; establishing the
1526Technology Program in the Department of Management
1527Services; creating the Florida Technology Council;
1528removing duty of the State Technology Office to operate
1529and manage the Technology Resource Center; repealing s.
1530186.022, F.S., relating to Information technology
1531strategic plans; amending s. 216.0446, F.S.; revising
1532duties of the legislative Technology Review Workgroup to
1533remove participation of the State Technology Office;
1534conforming reference to a report; repealing s.
1535216.292(1)(c), F.S., relating to provisions authorizing
1536transfer of positions and appropriations in fiscal year
15372001-2002 for the purpose of consolidating information
1538technology resources; amending s. 282.0041, F.S.; revising
1539definitions for purposes of information resources
1540management; defining the terms "department" and "Florida
1541Technology Council"; deleting the Agency Annual Enterprise
1542Resource Planning and Management Report; deleting the
1543State Annual Report on Enterprise Resource Planning and
1544Management; providing for appointment of an agency chief
1545information officer by the agency head; repealing s.
1546282.005, F.S., relating to Legislative findings and
1547intent; creating s. 282.0055, F.S.; limiting actions by
1548the Florida Technology Council and the department which
1549affect a Cabinet officer; amending s. 282.102, F.S.;
1550removing provisions for the creation, powers, and duties
1551of the State Technology Office; removing provisions for a
1552Chief Information Officer and a State Chief Privacy
1553Officer; removing provisions relating to information
1554technology and enterprise resource management; providing
1555powers, duties, and functions of the Department of
1556Management Services for operating the statewide
1557communications system; transferring powers and duties
1558relating to communications systems from the State
1559Technology Office to the Department of Management
1560Services; authorizing the department to adopt rules;
1561authorizing the department to set a fee for placement of
1562certain telecommunications facilities on state property;
1563creating s. 282.1065, F.S.; authorizing the department to
1564provide SUNCOM services to hospitals or other facilities
1565licensed under ch. 395, F.S.; amending ss. 282.103,
1566282.104, 282.105, 282.106, 282.107, 282.1095, and 282.111,
1567F.S., relating to the SUNCOM Network, the state agency law
1568enforcement radio system and interoperability network, and
1569the statewide system of regional law enforcement
1570communications to conform references to changes made by
1571the act; amending s. 282.20, F.S.; providing for operation
1572and management of the Technology Resource Center by the
1573Department of Management Services; amending s. 282.21,
1574F.S.; authorizing the department to collect fees for
1575providing remote electronic access; removing provisions
1576for collection of such fees by the State Technology
1577Office; amending s. 282.22, F.S.; providing for
1578dissemination of materials, products, information, and
1579services acquired or developed by or under the direction
1580of the department; removing reference to the State
1581Technology Office with respect to such materials,
1582products, information, and services; repealing s. 282.23,
1583F.S., relating to establishment of a State Strategic
1584Information Technology Alliance for the acquisition and
1585use of information technology and related material;
1586creating s. 282.3025, F.S.; providing for creation,
1587powers, and duties of the Florida Technology Council
1588within the Department of Management Services; providing
1589for a State Chief Information Officer appointed by the
1590Governor; providing for development of a Statewide
1591Information Technology Strategic Plan, enterprise
1592information technology policies, standards, guidelines,
1593and procedures, a model agency information technology
1594investment management process and an information
1595technology investment portfolio, and memoranda on
1596recommended guidelines and best practices for information
1597technology; providing for review and recommendations to
1598the Governor and the Legislature regarding agency
1599information technology projects and plans; providing for
1600preparation of state reports and memoranda; providing
1601rulemaking authority; amending s. 282.3031, F.S.; deleting
1602assignment of certain information technology functions to
1603the State Technology Office; conforming terminology;
1604repealing s. 282.3032, F.S., relating to guiding
1605principles for development and implementation of
1606information systems; amending s. 282.3055, F.S.; providing
1607for appointment of the agency chief information officer by
1608the agency head; providing for staffing and supporting of
1609an agency information technology investment board;
1610conforming terminology; repealing s. 282.3063, F.S.,
1611relating to the Agency Annual Enterprise Resource Planning
1612and Management Report; repealing s. 282.310, F.S.,
1613relating to the State Annual Report on Enterprise Resource
1614Planning and Management; amending s. 282.315, F.S.;
1615revising duties of the Agency Chief Information Officers
1616Council; providing for the council to assist the Florida
1617Technology Council for certain purposes, identify
1618opportunities to meet specified information technology
1619guidelines, and make certain recommendations to the
1620Florida Technology Council; providing for the appointment
1621and terms of officers; amending s. 282.318, F.S.; changing
1622the popular name; removing responsibility of the State
1623Technology Office; providing that each agency head is
1624responsible and accountable for ensuring an adequate level
1625of security for data and information; providing for
1626certain security requirements to be determined by the
1627department; conforming terminology; amending s. 282.322,
1628F.S., removing a procedure to monitor certain information
1629resources management projects; amending ss. 365.171 and
1630365.172, F.S., relating to statewide emergency telephone
1631number systems; designating duties of the State Technology
1632Office as duties of the Department of Management Services;
1633conforming requirements with respect thereto; amending s.
1634445.049, F.S., relating to the Digital Divide Council;
1635designating duties of the State Technology Office as
1636duties of the Department of Management Services; providing
1637an effective date.


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