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Amendment CaShTmL-693854.HTM
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1494
                        Barcode 693854
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Governmental Oversight and Productivity
12  (Argenziano) recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 9, between lines 20 and 21,
16  
17  insert:  
18         Section 2.  Subsections (2) and (3) of section 20.22,
19  Florida Statutes, are amended to read:
20         20.22  Department of Management Services.--There is
21  created a Department of Management Services.
22         (2)  The following divisions and programs within the
23  Department of Management Services are established:
24         (a)  Facilities Program.
25         (b)  State Technology Program Office.
26         (c)  Workforce Program.
27         (d)1.  Support Program.
28         2.  Federal Property Assistance Program.
29         (e)  Administration Program.
30         (f)  Division of Administrative Hearings.
31         (g)  Division of Retirement.
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 (h) Division of State Group Insurance. 2 (3) The State Technology Program Office shall operate 3 and manage the Technology Resource Center. 4 Section 3. Subsection (5) of section 20.23, Florida 5 Statutes, is amended to read: 6 20.23 Department of Transportation.--There is created 7 a Department of Transportation which shall be a decentralized 8 agency. 9 (5) Notwithstanding the provisions of s. 110.205, the 10 Department of Management Services is authorized to exempt 11 positions within the Department of Transportation which are 12 comparable to positions within the Senior Management Service 13 pursuant to s. 110.205(2)(i) s. 110.205(2)(j) or positions 14 which are comparable to positions in the Selected Exempt 15 Service under s. 110.205(2)(k) s. 110.205(2)(m). 16 Section 4. Subsection (2) of section 20.255, Florida 17 Statutes, is amended to read: 18 20.255 Department of Environmental Protection.--There 19 is created a Department of Environmental Protection. 20 (2)(a) There shall be three deputy secretaries who are 21 to be appointed by and shall serve at the pleasure of the 22 secretary. The secretary may assign any deputy secretary the 23 responsibility to supervise, coordinate, and formulate policy 24 for any division, office, or district. The following special 25 offices are established and headed by managers, each of whom 26 is to be appointed by and serve at the pleasure of the 27 secretary: 28 1. Office of Chief of Staff, 29 2. Office of General Counsel, 30 3. Office of Inspector General, 31 4. Office of External Affairs, 2 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 5. Office of Legislative and Government Affairs, and 2 6. Office of Greenways and Trails. 3 (b) There shall be six administrative districts 4 involved in regulatory matters of waste management, water 5 resource management, wetlands, and air resources, which shall 6 be headed by managers, each of whom is to be appointed by and 7 serve at the pleasure of the secretary. Divisions of the 8 department may have one assistant or two deputy division 9 directors, as required to facilitate effective operation. 10 11 The managers of all divisions and offices specifically named 12 in this section and the directors of the six administrative 13 districts are exempt from part II of chapter 110 and are 14 included in the Senior Management Service in accordance with 15 s. 110.205(2)(i) s. 110.205(2)(j). 16 Section 5. Subsection (2) of section 110.191, Florida 17 Statutes, is amended to read: 18 110.191 State employee leasing.-- 19 (2) Positions that which are in the Senior Management 20 Service System or the Selected Exempt Service System on the 21 day before the state employee lease agreement takes effect 22 shall remain in the respective system if the duties performed 23 by the position during the assignment of the state employee 24 lease agreement are comparable as determined by the 25 department. Those Senior Management Service System or 26 Selected Exempt Service System positions which are not 27 determined comparable by the department and positions which 28 are in other pay plans on the day before the lease agreement 29 takes effect shall have the same salaries and benefits 30 provided to employees of the Office of the Governor pursuant 31 to s. 110.205(2)(j)2 s. 110.205(2)(l)2. 3 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 Section 6. Paragraphs (e) and (w) of subsection (2) of 2 section 110.205, Florida Statutes, are repealed. 3 Section 7. Section 186.022, Florida Statutes, is 4 amended to read: 5 186.022 Information technology strategic plans.--By 6 June 1 of each year, the Financial Management Information 7 Board, the Criminal and Juvenile Justice Information Systems 8 Council, and the Health Information Systems Council shall each 9 develop and submit to the State Technology Office an 10 information technology strategic plan to the Executive Office 11 of the Governor in a form and manner prescribed in written 12 instructions prepared by from the State Technology Office in 13 consultation with the Executive Office of the Governor in 14 consultation with and the legislative appropriations 15 committees. The Executive Office of the Governor State 16 Technology Office shall review each such strategic plan and 17 may provide comments within 30 days shall determine whether 18 each such plan is consistent with the State Annual Report on 19 Enterprise Resource Planning and Management and statewide 20 policies adopted by the State Technology Office, and by July 1 21 of each year shall develop and transmit to each such board and 22 council a written expression of its findings, conclusions, and 23 required changes, if any, with respect to each such strategic 24 plan. If revisions are any change to any such strategic plan 25 is required, each affected board and council has 30 days shall 26 revise its strategic plan to the extent necessary to 27 incorporate the revisions such required changes and shall 28 resubmit its strategic plan to the Executive Office of the 29 Governor State Technology Office for final approval and 30 acceptance. 31 Section 8. Subsection (4) of section 216.013, Florida 4 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 Statutes, is amended to read: 2 216.013 Long-range program plan.-- 3 (4) The Executive Office of the Governor shall review 4 the long-range program plans for executive agencies to ensure 5 that they are consistent with the state's goals and objectives 6 and other requirements as specified in the written 7 instructions and that they provide the framework and context 8 for the agency's budget request. In its review, the Executive 9 Office of the Governor shall consider statewide policies and 10 the state's plan for facility needs pursuant to s. 216.0158. 11 Based on the results of the review, the Executive Office of 12 the Governor may require an agency to revise the plan. The 13 Executive Office of the Governor shall review the long-range 14 program plans for executive agencies to ensure that they are 15 consistent with the state's goals and objectives and other 16 requirements as specified in the written instructions and that 17 they provide the framework and context for the agency's budget 18 request. 19 Section 9. Subsection (1) and paragraph (a) of 20 subsection (2) of section 216.0446, Florida Statutes, are 21 amended to read: 22 216.0446 Review of information resources management 23 needs.-- 24 (1) There is created within the Legislature the 25 Technology Review Workgroup. The workgroup and the State 26 Technology Office shall independently review and make 27 recommendations with respect to the portion of agencies' 28 long-range program plans which pertains to information 29 resources management needs and with respect to agencies' 30 legislative budget requests for information technology and 31 related resources. The Technology Review Workgroup shall 5 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 report such recommendations, together with the findings and 2 conclusions on which such recommendations are based, to the 3 Legislative Budget Commission. The State Technology Office 4 shall report such recommendations, together with the findings 5 and conclusions on which such recommendations are based, to 6 the Executive Office of the Governor and to the chairs of the 7 legislative appropriations committees. 8 (2) In addition to its primary duty specified in 9 subsection (1), the Technology Review Workgroup shall have 10 powers and duties that include, but are not limited to, the 11 following: 12 (a) To evaluate the information resource management 13 needs identified in the agency long-range program plans for 14 consistency with the State Annual Report on Enterprise 15 Resource Planning and Management and statewide policies 16 recommended by the State Technology Office, and make 17 recommendations to the Legislative Budget Commission. 18 Section 10. Paragraph (c) of subsection (1) of section 19 216.292, Florida Statutes, is repealed. 20 Section 11. Section 282.0041, Florida Statutes, is 21 amended to read: 22 282.0041 Definitions.--For the purposes of this part, 23 the term: 24 (1) "Agency" means those entities described in s. 25 216.011(1)(qq). 26 (2) "Agency Annual Enterprise Resource Planning and 27 Management Report" means the report prepared by each Agency 28 Chief Information Officer as required by s. 282.3063. 29 (3) "Agency Chief Information Officer" means the 30 person appointed by the State Technology Office to coordinate 31 and manage the information technology policies and activities 6 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 applicable to that agency. 2 (2)(4) "Agency Chief Information Officers Council" 3 means the council created in s. 282.315 to facilitate the 4 sharing and coordination of information technology issues and 5 initiatives among the agencies. 6 (3) "Department" means the Department of Management 7 Services. 8 (4)(5) "Enterprise resources management 9 infrastructure" means the hardware, software, networks, data, 10 human resources, policies, standards, facilities, maintenance, 11 and related materials and services that are required to 12 support the business processes of an agency or state 13 enterprise. 14 (5)(6) "Enterprise resource planning and management" 15 means the planning, budgeting, acquiring, developing, 16 organizing, directing, training, control, and related services 17 associated with government information technology. The term 18 encompasses information and related resources, as well as the 19 controls associated with their acquisition, development, 20 dissemination, and use. 21 (6)(7) "Information technology" means equipment, 22 hardware, software, firmware, programs, systems, networks, 23 infrastructure, media, and related material used to 24 automatically, electronically, and wirelessly collect, 25 receive, access, transmit, display, store, record, retrieve, 26 analyze, evaluate, process, classify, manipulate, manage, 27 assimilate, control, communicate, exchange, convert, converge, 28 interface, switch, or disseminate information of any kind or 29 form. 30 (7)(8) "Project" means an undertaking directed at the 31 accomplishment of a strategic objective relating to enterprise 7 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 resources management or a specific appropriated program. 2 (9) "State Annual Report on Enterprise Resource 3 Planning and Management" means the report prepared by the 4 State Technology Office as defined in s. 282.102. 5 (8)(10) "Standards" means the use of current, open, 6 nonproprietary, or non-vendor-specific technologies. 7 (11) "State Technology Office" or "office" means the 8 office created in s. 282.102. 9 (9)(12) "Total cost" means all costs associated with 10 information technology projects or initiatives, including, but 11 not limited to, value of hardware, software, service, 12 maintenance, incremental personnel, and facilities. Total 13 cost of a loan or gift of information technology resources to 14 an agency includes the fair market value of the resources, 15 except that the total cost of loans or gifts of information 16 technology to state universities to be used in instruction or 17 research does not include fair market value. 18 Section 12. Section 282.005, Florida Statutes, is 19 amended to read: 20 282.005 Legislative findings and intent.--The 21 Legislature finds that: 22 (1) Information is a strategic asset of the state, 23 and, as such, it should be managed as a valuable state 24 resource. 25 (2) The state makes significant investments in 26 information technology in order to manage information and to 27 provide services to its citizens. 28 (3) An office must be created to provide support and 29 guidance to enhance the state's use and management of 30 information technology and to design, procure, and deploy, on 31 behalf of the state, information technology. 8 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 (4) The cost-effective deployment of information 2 technology by state agencies can best be managed by a Chief 3 Information Officer. 4 (3)(5) The head of each agency, in consultation with 5 the department, State Technology Office has primary 6 responsibility and accountability for the planning, budgeting, 7 acquisition, development, implementation, use, and management 8 of information technology within the agency state. The State 9 Technology Office shall use the state's information technology 10 in the best interest of the state as a whole and shall 11 contribute to and make use of shared data and related 12 resources whenever appropriate. Each agency head has primary 13 responsibility and accountability for setting agency 14 priorities, identifying business needs, and determining agency 15 services and programs to be developed as provided by law. The 16 department State Technology Office, through service level 17 agreements with each agency, shall provide the information 18 technology needed for the agency to accomplish its mission. 19 (4)(6) The expanding need for, use of, and dependence 20 on information technology requires focused management 21 attention and managerial accountability by state agencies and 22 the state as a whole. 23 (5)(7) The state, through the State Technology Office, 24 shall provide, by whatever means is most cost-effective and 25 efficient, the information technology, enterprise resource 26 planning and management, and enterprise resource management 27 infrastructure needed to collect, store, and process the 28 state's data and information, provide connectivity, and 29 facilitate the exchange of data and information among both 30 public and private parties. 31 (6)(8) A necessary part of the state's information 9 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 technology infrastructure is a statewide communications system 2 for all types of signals, including, but not limited to, 3 voice, data, video, radio, telephone, wireless, and image. 4 (7)(9) To ensure the best management of the state's 5 information technology and notwithstanding other provisions of 6 law to the contrary, the functions of information technology 7 are assigned to the university boards of trustees for the 8 development and implementation of planning, management, 9 rulemaking, standards, and guidelines for the state 10 universities; to the community college boards of trustees for 11 establishing and developing rules for the community colleges; 12 to the Supreme Court, for the judicial branch; to each state 13 attorney and public defender; and to the State Technology 14 Office for the executive branch of state government. 15 (8)(10) The department State Technology Office shall 16 take no action affecting the supervision, control, management, 17 or coordination of information technology and information 18 technology personnel that any cabinet officer listed in s. 4, 19 Art. IV of the State Constitution deems necessary for the 20 exercise of his or her statutory or constitutional duties. 21 Section 13. Section 282.102, Florida Statutes, is 22 amended to read: 23 282.102 Creation of the State Technology Office; 24 Powers and duties of the department.--There is created a State 25 Technology Office within The powers and duties of the 26 department include of Management Services. The office shall be 27 a separate budget entity, and shall be headed by a Chief 28 Information Officer who is appointed by the Governor and is in 29 the Senior Management Service. The Chief Information Officer 30 shall be an agency head for all purposes. The Department of 31 Management Services shall provide administrative support and 10 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 service to the office to the extent requested by the Chief 2 Information Officer. The office may adopt policies and 3 procedures regarding personnel, procurement, and transactions 4 for State Technology Office personnel. The office shall have 5 the following powers, duties, and functions: 6 (1) To publish electronically the portfolio of 7 services available from the office, including pricing 8 information; the policies and procedures of the office 9 governing usage of available services; and a forecast of the 10 priorities and initiatives for the state communications system 11 for the ensuing 2 years. 12 (2) To adopt rules implementing policies and 13 procedures providing best practices to be followed by agencies 14 in acquiring, using, upgrading, modifying, replacing, or 15 disposing of information technology. 16 (3) To perform, in consultation with an agency, the 17 enterprise resource planning and management for the agency. 18 (2)(4) To advise and render aid to state agencies and 19 political subdivisions of the state as to systems or methods 20 to be used for organizing and meeting information technology 21 requirements efficiently and effectively. 22 (5) To integrate the information technology systems 23 and services of state agencies. 24 (3)(6) To adopt technical standards for the state 25 information technology system which will assure the 26 interconnection of computer networks and information systems 27 of agencies and allow for their integration. 28 (4)(7) To assume management responsibility for any 29 integrated information technology system or service when 30 determined by the department and recommended by the 31 Legislature office to be economically efficient or 11 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 performance-effective. 2 (5)(8) To enter into agreements related to information 3 technology with state agencies and political subdivisions of 4 the state. 5 (6)(9) To use and acquire, with agency concurrence, 6 information technology now owned or operated by any agency. 7 (7)(10) To purchase from or contract with information 8 technology providers for information technology, including 9 private line services. 10 (8)(11) To apply for, receive, and hold, and to assist 11 agencies in applying for, receiving, or holding, such 12 authorizations, patents, copyrights, trademarks, service 13 marks, licenses, and allocations or channels and frequencies 14 to carry out the purposes of this part. 15 (9)(12) To purchase, lease, or otherwise acquire and 16 to hold, sell, transfer, license, or otherwise dispose of 17 real, personal, and intellectual property, including, but not 18 limited to, patents, trademarks, copyrights, and service 19 marks. 20 (10)(13) To cooperate with any federal, state, or 21 local emergency management agency in providing for emergency 22 communications services. 23 (11)(14) To delegate, as necessary, to state agencies 24 the authority to purchase, lease, or otherwise acquire and to 25 use information technology or, as necessary, to control and 26 approve the purchase, lease, or acquisition and the use of all 27 information technology, including, but not limited to, 28 communications services provided as part of any other total 29 system to be used by the state or any of its agencies. 30 (12)(15) To acquire ownership, possession, custody, 31 and control of existing communications equipment and 12 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 facilities, including all right, title, interest, and equity 2 therein, as necessary, to carry out the purposes of this part. 3 However, the provisions of this subsection shall in no way 4 affect the rights, title, interest, or equity in any such 5 equipment or facilities owned by, or leased to, the state or 6 any state agency by any telecommunications company. 7 (13)(16) To adopt rules pursuant to ss. 120.536(1) and 8 120.54 relating to information technology and to administer 9 the provisions of this part. 10 (14)(17) To provide a means whereby political 11 subdivisions of the state may use state information technology 12 systems upon such terms and under such conditions as the 13 office may establish. 14 (15)(18) To apply for and accept federal funds for any 15 of the purposes of this part as well as gifts and donations 16 from individuals, foundations, and private organizations. 17 (16)(19) To monitor issues relating to communications 18 facilities and services before the Florida Public Service 19 Commission and, when necessary, prepare position papers, 20 prepare testimony, appear as a witness, and retain witnesses 21 on behalf of state agencies in proceedings before the 22 commission. 23 (17)(20) Unless delegated to the agencies by the 24 department Chief Information Officer, to manage and control, 25 but not intercept or interpret, communications within the 26 SUNCOM Network by: 27 (a) Establishing technical standards to physically 28 interface with the SUNCOM Network. 29 (b) Specifying how communications are transmitted 30 within the SUNCOM Network. 31 (c) Controlling the routing of communications within 13 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 the SUNCOM Network. 2 (d) Establishing standards, policies, and procedures 3 for access to the SUNCOM Network. 4 (e) Ensuring orderly and reliable communications 5 services in accordance with the service level agreements 6 executed with state agencies. 7 (18)(21) To plan, design, and conduct experiments for 8 information technology services, equipment, and technologies, 9 and to implement enhancements in the state information 10 technology system when in the public interest and 11 cost-effective. Funding for such experiments shall be derived 12 from SUNCOM Network service revenues and shall not exceed 2 13 percent of the annual budget for the SUNCOM Network for any 14 fiscal year or as provided in the General Appropriations Act. 15 New services offered as a result of this subsection shall not 16 affect existing rates for facilities or services. 17 (19)(22) To enter into contracts or agreements, with 18 or without competitive bidding or procurement, to make 19 available, on a fair, reasonable, and nondiscriminatory basis, 20 property and other structures under office control for the 21 placement of new facilities by any wireless provider of mobile 22 service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any 23 telecommunications company as defined in s. 364.02 when it is 24 determined to be practical and feasible to make such property 25 or other structures available. The department office may, 26 without adopting a rule, charge a just, reasonable, and 27 nondiscriminatory fee for the placement of the facilities, 28 payable annually, based on the fair market value of space used 29 by comparable communications facilities in the state. The 30 department office and a wireless provider or 31 telecommunications company may negotiate the reduction or 14 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 elimination of a fee in consideration of services provided to 2 the department office by the wireless provider or 3 telecommunications company. All such fees collected by the 4 department office shall be deposited directly into the Law 5 Enforcement Radio Operating Trust Fund, and may be used by the 6 department office to construct, maintain, or support the 7 system. 8 (20)(23) To provide an integrated electronic system 9 for deploying government products, services, and information 10 to individuals and businesses which reflects cost-effective 11 deployment strategies in keeping with industry standards and 12 practices and includes protections and security of private 13 information, as well as maintenance of public records. 14 (a) The integrated electronic system shall reflect 15 cost-effective deployment strategies in keeping with industry 16 standards and practices, including protections and security of 17 private information as well as maintenance of public records. 18 (b) The office shall provide a method for assessing 19 fiscal accountability for the integrated electronic system and 20 shall establish the organizational structure required to 21 implement this system. 22 (21)(24) To provide administrative support to the 23 Agency Chief Information Officers Council and other workgroups 24 created by the Chief Information Officer. 25 (22)(25) To facilitate state information technology 26 education and training for senior management and other agency 27 staff. 28 (23)(26) To prepare, on behalf of the Executive Office 29 of the Governor, memoranda on recommended guidelines and best 30 practices for information resources management, when 31 requested. 15 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 (27) To prepare, publish, and disseminate the State 2 Annual Report on Enterprise Resource Planning and Management 3 under s. 282.310. 4 (28) To study and make a recommendation to the 5 Governor and Legislature on the feasibility of implementing 6 online voting in this state. 7 (29) To facilitate the development of a network access 8 point in this state, as needed. 9 (24)(30) To designate a State Chief Privacy Officer 10 who shall be responsible for the continual review of policies, 11 laws, rules, and practices of state agencies which may affect 12 the privacy concerns of state residents. 13 Section 14. Section 282.103, Florida Statutes, is 14 amended to read: 15 282.103 SUNCOM Network; exemptions from the required 16 use.-- 17 (1) There is created within the department State 18 Technology Office the SUNCOM Network, which shall be developed 19 to serve as the state communications system for providing 20 local and long-distance communications services to state 21 agencies, political subdivisions of the state, municipalities, 22 state universities, and nonprofit corporations pursuant to ss. 23 282.101-282.111. The SUNCOM Network shall be developed to 24 transmit all types of communications signals, including, but 25 not limited to, voice, data, video, image, and radio. State 26 agencies shall cooperate and assist in the development and 27 joint use of communications systems and services. 28 (2) The department State Technology Office shall 29 design, engineer, implement, manage, and operate through state 30 ownership, commercial leasing, or some combination thereof, 31 the facilities and equipment providing SUNCOM Network 16 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 services, and shall develop a system of equitable billings and 2 charges for communication services. 3 (3) All state agencies and state universities are 4 required to use the SUNCOM Network for agency and state 5 university communications services as the services become 6 available; however, no agency or university is relieved of 7 responsibility for maintaining communications services 8 necessary for effective management of its programs and 9 functions. If a SUNCOM Network service does not meet the 10 communications requirements of an agency or university, the 11 agency or university shall notify the department State 12 Technology Office in writing and detail the requirements for 13 that communications service. If the department office is 14 unable to meet an agency's or university's requirements by 15 enhancing SUNCOM Network service, the department office may 16 grant the agency or university an exemption from the required 17 use of specified SUNCOM Network services. 18 Section 15. Section 282.104, Florida Statutes, is 19 amended to read: 20 282.104 Use of state SUNCOM Network by 21 municipalities.--Any municipality may request the department 22 State Technology Office to provide any or all of the SUNCOM 23 Network's portfolio of communications services upon such terms 24 and under such conditions as the department office may 25 establish. The requesting municipality shall pay its share of 26 installation and recurring costs according to the published 27 rates for SUNCOM Network services and as invoiced by the 28 department office. Such municipality shall also pay for any 29 requested modifications to existing SUNCOM Network services, 30 if any charges apply. 31 Section 16. Subsections (1) and (4) of section 17 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 282.105, Florida Statutes, are amended to read: 2 282.105 Use of state SUNCOM Network by nonprofit 3 corporations.-- 4 (1) The department State Technology Office shall 5 provide a means whereby private nonprofit corporations under 6 contract with state agencies or political subdivisions of the 7 state may use the state SUNCOM Network, subject to the 8 limitations in this section. In order to qualify to use the 9 state SUNCOM Network, a nonprofit corporation shall: 10 (a) Expend the majority of its total direct revenues 11 for the provision of contractual services to the state, a 12 municipality, or a political subdivision of the state; and 13 (b) Receive only a small portion of its total revenues 14 from any source other than a state agency, a municipality, or 15 a political subdivision of the state during the period of time 16 SUNCOM Network services are requested. 17 (4) Institutions qualified to participate in the 18 William L. Boyd, IV, Florida Resident Access Grant Program 19 pursuant to s. 1009.89 shall be eligible to use the state 20 SUNCOM Network, subject to the terms and conditions of the 21 department office. Such entities shall not be required to 22 satisfy the other criteria of this section. 23 Section 17. Section 282.106, Florida Statutes, is 24 amended to read: 25 282.106 Use of SUNCOM Network by libraries.--The 26 department State Technology Office may provide SUNCOM Network 27 services to any library in the state, including libraries in 28 public schools, community colleges, state universities, and 29 nonprofit private postsecondary educational institutions, and 30 libraries owned and operated by municipalities and political 31 subdivisions. 18 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 Section 18. Subsections (1) and (2) of section 2 282.107, Florida Statutes, are amended to read: 3 282.107 SUNCOM Network; criteria for usage.-- 4 (1) The department State Technology Office shall 5 periodically review the qualifications of subscribers using 6 the state SUNCOM Network and shall terminate services provided 7 to any facility not qualified pursuant to ss. 282.101-282.111 8 or rules adopted hereunder. In the event of nonpayment of 9 invoices by subscribers whose SUNCOM Network invoices are paid 10 from sources other than legislative appropriations, such 11 nonpayment represents good and sufficient reason to terminate 12 service. 13 (2) The department State Technology Office shall adopt 14 rules setting forth its procedures for withdrawing and 15 restoring authorization to use the state SUNCOM Network. Such 16 rules shall provide a minimum of 30 days' notice to affected 17 parties prior to termination of voice communications service. 18 Section 19. Subsections (1), (3), (4), (5), and (6) of 19 section 282.1095, Florida Statutes, and paragraphs (f), (g), 20 and (h) of subsection (2) of that section, are amended to 21 read: 22 282.1095 State agency law enforcement radio system and 23 interoperability network.-- 24 (1) The department State Technology Office may acquire 25 and implement a statewide radio communications system to serve 26 law enforcement units of state agencies, and to serve local 27 law enforcement agencies through mutual aid channels. The 28 Joint Task Force on State Agency Law Enforcement 29 Communications is established in the department State 30 Technology Office to advise the department office of 31 member-agency needs for the planning, designing, and 19 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 establishment of the joint system. The State Agency Law 2 Enforcement Radio System Trust Fund is established in the 3 department State Technology Office. The trust fund shall be 4 funded from surcharges collected under ss. 320.0802 and 5 328.72. 6 (2) 7 (f) The department State Technology Office is hereby 8 authorized to rent or lease space on any tower under its 9 control. The department office may also rent, lease, or 10 sublease ground space as necessary to locate equipment to 11 support antennae on the towers. The costs for use of such 12 space shall be established by the office for each site, when 13 it is determined to be practicable and feasible to make space 14 available. The department office may refuse to lease space on 15 any tower at any site. All moneys collected by the department 16 office for such rents, leases, and subleases shall be 17 deposited directly into the Law Enforcement Radio Operating 18 Trust Fund and may be used by the department office to 19 construct, maintain, or support the system. 20 (g) The department State Technology Office is hereby 21 authorized to rent, lease, or sublease ground space on lands 22 acquired by the department office for the construction of 23 privately owned or publicly owned towers. The department 24 office may, as a part of such rental, lease, or sublease 25 agreement, require space on said tower or towers for antennae 26 as may be necessary for the construction and operation of the 27 state agency law enforcement radio system or any other state 28 need. The positions necessary for the department office to 29 accomplish its duties under this paragraph and paragraph (f) 30 shall be established in the General Appropriations Act and 31 shall be funded by the Law Enforcement Radio Operating Trust 20 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 Fund or other revenue sources. 2 (h) The department State Technology Office may make 3 the mutual aid channels in the statewide radio communications 4 system available to federal agencies, state agencies, and 5 agencies of the political subdivisions of the state for the 6 purpose of public safety and domestic security. The department 7 office shall exercise its powers and duties, as specified in 8 this chapter, to plan, manage, and administer the mutual aid 9 channels. The department office shall, in implementing such 10 powers and duties, act in consultation and conjunction with 11 the Department of Law Enforcement and the Division of 12 Emergency Management of the Department of Community Affairs, 13 and shall manage and administer the mutual aid channels in a 14 manner that reasonably addresses the needs and concerns of the 15 involved law enforcement agencies and emergency response 16 agencies and entities. 17 (3) Upon appropriation, moneys in the trust fund may 18 be used by the department office to acquire by competitive 19 procurement the equipment; software; and engineering, 20 administrative, and maintenance services it needs to 21 construct, operate, and maintain the statewide radio system. 22 Moneys in the trust fund collected as a result of the 23 surcharges set forth in ss. 320.0802 and 328.72 shall be used 24 to help fund the costs of the system. Upon completion of the 25 system, moneys in the trust fund may also be used by the 26 department office to provide for payment of the recurring 27 maintenance costs of the system. 28 (4)(a) The department office shall, in conjunction 29 with the Department of Law Enforcement and the Division of 30 Emergency Management of the Department of Community Affairs, 31 establish policies, procedures, and standards which shall be 21 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 incorporated into a comprehensive management plan for the use 2 and operation of the statewide radio communications system. 3 (b) The joint task force, in consultation with the 4 department office, shall have the authority to permit other 5 state agencies to use the communications system, under terms 6 and conditions established by the joint task force. 7 (5) The department office shall provide technical 8 support to the joint task force and shall bear the overall 9 responsibility for the design, engineering, acquisition, and 10 implementation of the statewide radio communications system 11 and for ensuring the proper operation and maintenance of all 12 system common equipment. 13 (6)(a) The department State Technology Office may 14 create and implement an interoperability network to enable 15 interoperability between various radio communications 16 technologies and to serve federal agencies, state agencies, 17 and agencies of political subdivisions of the state for the 18 purpose of public safety and domestic security. The department 19 office shall, in conjunction with the Department of Law 20 Enforcement and the Division of Emergency Management of the 21 Department of Community Affairs, exercise its powers and 22 duties pursuant to this chapter to plan, manage, and 23 administer the interoperability network. The department office 24 may: 25 1. Enter into mutual aid agreements among federal 26 agencies, state agencies, and political subdivisions of the 27 state for the use of the interoperability network. 28 2. Establish the cost of maintenance and operation of 29 the interoperability network and charge subscribing federal 30 and local law enforcement agencies for access and use of the 31 network. The department State Technology Office may not charge 22 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 state law enforcement agencies identified in paragraph (2)(a) 2 to use the network. 3 3. In consultation with the Department of Law 4 Enforcement and the Division of Emergency Management of the 5 Department of Community Affairs, amend and enhance the 6 statewide radio communications system as necessary to 7 implement the interoperability network. 8 (b) The department State Technology Office, in 9 consultation with the Joint Task Force on State Agency Law 10 Enforcement Communications, and in conjunction with the 11 Department of Law Enforcement and the Division of Emergency 12 Management of the Department of Community Affairs, shall 13 establish policies, procedures, and standards to incorporate 14 into a comprehensive management plan for the use and operation 15 of the interoperability network. 16 Section 20. Section 282.111, Florida Statutes, is 17 amended to read: 18 282.111 Statewide system of regional law enforcement 19 communications.-- 20 (1) It is the intent and purpose of the Legislature 21 that a statewide system of regional law enforcement 22 communications be developed whereby maximum efficiency in the 23 use of existing radio channels is achieved in order to deal 24 more effectively with the apprehension of criminals and the 25 prevention of crime generally. To this end, all law 26 enforcement agencies within the state are directed to provide 27 the department State Technology Office with any information 28 the department office requests for the purpose of implementing 29 the provisions of subsection (2). 30 (2) The department State Technology Office is hereby 31 authorized and directed to develop and maintain a statewide 23 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 system of regional law enforcement communications. In 2 formulating such a system, the department office shall divide 3 the state into appropriate regions and shall develop a program 4 which shall include, but not be limited to, the following 5 provisions: 6 (a) The communications requirements for each county 7 and municipality comprising the region. 8 (b) An interagency communications provision which 9 shall depict the communication interfaces between municipal, 10 county, and state law enforcement entities which operate 11 within the region. 12 (c) Frequency allocation and use provision which shall 13 include, on an entity basis, each assigned and planned radio 14 channel and the type of operation, simplex, duplex, or 15 half-duplex, on each channel. 16 (3) The department office shall adopt any necessary 17 rules and regulations for implementing and coordinating the 18 statewide system of regional law enforcement communications. 19 (4) The secretary Chief Information Officer of the 20 department State Technology Office or his or her designee is 21 designated as the director of the statewide system of regional 22 law enforcement communications and, for the purpose of 23 carrying out the provisions of this section, is authorized to 24 coordinate the activities of the system with other interested 25 state agencies and local law enforcement agencies. 26 (5) No law enforcement communications system shall be 27 established or present system expanded without the prior 28 approval of the department State Technology Office. 29 (6) Within the limits of its capability, the 30 Department of Law Enforcement is encouraged to assist lend 31 assistance to the department State Technology Office in the 24 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 development of the statewide system of regional law 2 enforcement communications proposed by this section. 3 Section 21. Section 282.20, Florida Statutes, is 4 amended to read: 5 282.20 Technology Resource Center.-- 6 (1)(a) The department State Technology Office shall 7 operate and manage the Technology Resource Center. 8 (b) For the purposes of this section, the term: 9 1. "Information-system utility" means a full-service 10 information-processing facility offering hardware, software, 11 operations, integration, networking, and consulting services. 12 2. "Customer" means a state agency or other entity 13 which is authorized to use utilize the SUNCOM Network pursuant 14 to this part. 15 (2) The Technology Resource Center shall: 16 (a) Serve the department office and other customers as 17 an information-system utility. 18 (b) Cooperate with customers to offer, develop, and 19 support a wide range of services and applications needed by 20 users of the Technology Resource Center. 21 (c) Cooperate with the Florida Legal Resource Center 22 of the Department of Legal Affairs and other state agencies to 23 develop and provide access to repositories of legal 24 information throughout the state. 25 (d) Cooperate with the department office to facilitate 26 interdepartmental networking and integration of network 27 services for its customers. 28 (e) Assist customers in testing and evaluating new and 29 emerging technologies that could be used to meet the needs of 30 the state. 31 (3) The department office may contract with customers 25 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 to provide any combination of services necessary for agencies 2 to fulfill their responsibilities and to serve their users. 3 (4) The Technology Resource Center may plan, design, 4 establish pilot projects for, and conduct experiments with 5 information technology resources, and may implement 6 enhancements in services when such implementation is 7 cost-effective. Funding for experiments and pilot projects 8 shall be derived from service revenues and may not exceed 5 9 percent of the service revenues for the Technology Resource 10 Center for any single fiscal year. Any experiment, pilot 11 project, plan, or design must be approved by the Chief 12 Information Officer. 13 (5) Notwithstanding the provisions of s. 216.272, the 14 Technology Resource Center may spend funds in the reserve 15 account of the Working Capital Technology Enterprise Operating 16 Trust Fund for enhancements to center operations or for 17 information technology resources. Any expenditure of reserve 18 account funds must be approved by the secretary of the 19 department Chief Information Officer. Any funds remaining in 20 the reserve account at the end of the fiscal year may be 21 carried forward and spent as approved by the secretary of the 22 department Chief Information Officer, provided that such 23 approval conforms to any applicable provisions of chapter 216. 24 Section 22. Section 282.21, Florida Statutes, is 25 amended to read: 26 282.21 The State Technology Office's Electronic access 27 services of the department.--The department State Technology 28 Office may collect fees for providing remote electronic access 29 pursuant to s. 119.07(2). The fees may be imposed on 30 individual transactions or as a fixed subscription for a 31 designated period of time. All fees collected under this 26 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 section shall be deposited in the appropriate trust fund of 2 the program or activity that made the remote electronic access 3 available. 4 Section 23. Section 282.22, Florida Statutes, is 5 amended to read: 6 282.22 State Technology Office; Production, 7 dissemination, and ownership of materials and products.-- 8 (1) It is the intent of the Legislature that when 9 materials, products, information, and services are acquired or 10 developed by or under the direction of the department State 11 Technology Office, through research and development or other 12 efforts, including those subject to copyright, patent, or 13 trademark, they shall be made available for use by state and 14 local government entities at the earliest practicable date and 15 in the most economical and efficient manner possible and 16 consistent with chapter 119. 17 (2) To accomplish this objective the department may 18 office is authorized to publish or partner with private sector 19 entities to produce or have produced materials and products 20 and to make them readily available for appropriate use. The 21 department may office is authorized to charge an amount or 22 receive value-added services adequate to cover the essential 23 cost of producing and disseminating such materials, 24 information, services, or products and may is authorized to 25 sell services. 26 (3) If In cases in which the materials or products are 27 of such nature, or the circumstances are such, that it is not 28 practicable or feasible for the department office to produce 29 or have produced materials and products so developed, the 30 department may it is authorized, after review and approval by 31 the Executive Office of the Governor, to license, lease, 27 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 assign, sell, or otherwise give written consent to any person, 2 firm, or corporation for the manufacture or use thereof, on a 3 royalty basis, or for such other consideration as the 4 department deems office shall deem proper and in the best 5 interest of the state; the department shall office is 6 authorized and directed to protect same against improper or 7 unlawful use or infringement and to enforce the collection of 8 any sums due for the manufacture or use thereof by any other 9 party. 10 (4) All proceeds from the sale of such materials and 11 products or other money collected pursuant to this section 12 shall be deposited into the Grants and Donations Trust Fund of 13 the department office and, when properly budgeted as approved 14 by the Legislature and the Executive Office of the Governor, 15 used to pay the cost of producing and disseminating materials 16 and products to carry out the intent of this section. 17 Section 24. Section 282.23, Florida Statutes, is 18 repealed. 19 Section 25. Section 282.3031, Florida Statutes, is 20 amended to read: 21 282.3031 Assignment of information resources 22 management responsibilities.--For purposes of ss. 23 282.303-282.322, to ensure the best management of state 24 information technology resources, and notwithstanding other 25 provisions of law to the contrary, the functions of 26 information resources management are assigned to the 27 university boards of trustees for the development and 28 implementation of planning, management, rulemaking, standards, 29 and guidelines for the state universities; to the community 30 college boards of trustees for establishing and developing 31 rules for the community colleges; to the Supreme Court for the 28 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 judicial branch; and to each state attorney and public 2 defender; and to the State Technology Office for the agencies 3 within the executive branch of state government. 4 Section 26. Section 282.3055, Florida Statutes, is 5 repealed. 6 Section 27. Section 282.3063, Florida Statutes, is 7 repealed. 8 Section 28. Section 282.310, Florida Statutes, is 9 repealed. 10 Section 29. Subsections (1) and (3) of section 11 282.315, Florida Statutes, are amended to read: 12 282.315 Agency Chief Information Officers Council; 13 creation.--The Legislature finds that enhancing communication, 14 consensus building, coordination, and facilitation of 15 statewide enterprise resource planning and management issues 16 is essential to improving state management of such resources. 17 (1) There is created an Agency Chief Information 18 Officers Council to: 19 (a) Enhance communication among the Agency Chief 20 Information Officers by sharing enterprise resource planning 21 and management experiences and exchanging ideas. 22 (b) Facilitate the sharing of best practices that are 23 characteristic of highly successful technology organizations, 24 as well as exemplary information technology applications of 25 state agencies. 26 (c) Identify efficiency opportunities among state 27 agencies. 28 (d) Serve as an educational forum for enterprise 29 resource planning and management issues. 30 (e) Assist the department State Technology Office in 31 identifying critical statewide issues and, when appropriate, 29 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 make recommendations for solving enterprise resource planning 2 and management deficiencies which would improve delivery of 3 information technology services in the state. 4 (3) The department State Technology Office shall 5 provide administrative support to the council. 6 Section 30. Subsection (2) of section 282.318, Florida 7 Statutes, is amended to read: 8 282.318 Security of data and information technology 9 resources.-- 10 (2)(a) Each agency head The State Technology Office, 11 in consultation with the Department of Law Enforcement each 12 agency head, is responsible and accountable for assuring an 13 adequate level of security for all data and information 14 technology resources of each agency and, to carry out this 15 responsibility, shall, at a minimum: 16 1. Designate an information security manager who shall 17 administer the security program of each agency for its data 18 and information technology resources. 19 2. Conduct, and periodically update, a comprehensive 20 risk analysis to determine the security threats to the data 21 and information technology resources of each agency. The risk 22 analysis information is confidential and exempt from the 23 provisions of s. 119.07(1), except that such information shall 24 be available to the Auditor General in performing his or her 25 postauditing duties. 26 3. Develop, and periodically update, written internal 27 policies and procedures to assure the security of the data and 28 information technology resources of each agency. The internal 29 policies and procedures which, if disclosed, could facilitate 30 the unauthorized modification, disclosure, or destruction of 31 data or information technology resources are confidential 30 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 information and exempt from the provisions of s. 119.07(1), 2 except that such information shall be available to the Auditor 3 General in performing his or her postauditing duties. 4 4. Implement appropriate cost-effective safeguards to 5 reduce, eliminate, or recover from the identified risks to the 6 data and information technology resources of each agency. 7 5. Ensure that periodic internal audits and 8 evaluations of each security program for the data and 9 information technology resources of the agency are conducted. 10 The results of such internal audits and evaluations are 11 confidential information and exempt from the provisions of s. 12 119.07(1), except that such information shall be available to 13 the Auditor General in performing his or her postauditing 14 duties. 15 6. Include appropriate security requirements, as 16 determined by the agency State Technology Office, in 17 consultation with the Department of Law Enforcement each 18 agency head, in the written specifications for the 19 solicitation of information technology resources. 20 (b) In those instances in which the department State 21 Technology Office develops state contracts for use by state 22 agencies, the department office shall include appropriate 23 security requirements in the specifications for the 24 solicitation for state contracts for procuring information 25 technology resources. 26 Section 31. Subsection (1) of section 282.322, Florida 27 Statutes, is amended to read: 28 282.322 Special monitoring process for designated 29 information resources management projects.-- 30 (1) For each information resources management project 31 that which is designated for special monitoring in the General 31 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 Appropriations Act, with a proviso requiring a contract with a 2 project monitor, the Technology Review Workgroup established 3 pursuant to s. 216.0446, in consultation with each affected 4 agency, is shall be responsible for contracting with the 5 project monitor. Upon contract award, funds equal to the 6 contract amount shall be transferred to the Technology Review 7 Workgroup upon request and subsequent approval of a budget 8 amendment pursuant to s. 216.292. With the concurrence of the 9 Legislative Auditing Committee, the office of the Auditor 10 General shall be the project monitor for other projects 11 designated for special monitoring. However, nothing in this 12 section does not preclude precludes the Auditor General from 13 conducting such monitoring on any project designated for 14 special monitoring. In addition to monitoring and reporting on 15 significant communications between a contracting agency and 16 the appropriate federal authorities, the project monitoring 17 process shall consist of evaluating each major stage of the 18 designated project to determine whether the deliverables have 19 been satisfied and to assess the level of risks associated 20 with proceeding to the next stage of the project. The major 21 stages of each designated project shall be determined based on 22 the agency's information systems development methodology. 23 Within 20 days after an agency has completed a major stage of 24 its designated project or at least 90 days, the project 25 monitor shall issue a written report, including the findings 26 and recommendations for correcting deficiencies, to the agency 27 head, for review and comment. Within 20 days after receipt of 28 the project monitor's report, the agency head shall submit a 29 written statement of explanation or rebuttal concerning the 30 findings and recommendations of the project monitor, including 31 any corrective action to be taken by the agency. The project 32 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 monitor shall include the agency's statement in its final 2 report, which shall be forwarded, within 7 days after receipt 3 of the agency's statement, to the agency head, the inspector 4 general's office of the agency, the Executive Office of the 5 Governor, the appropriations committees of the Legislature, 6 the Joint Legislative Auditing Committee, the Technology 7 Review Workgroup, the President of the Senate, the Speaker of 8 the House of Representatives, and the Office of Program Policy 9 Analysis and Government Accountability. The Auditor General 10 shall also receive a copy of the project monitor's report for 11 those projects in which the Auditor General is not the project 12 monitor. 13 (2) The Enterprise Project Management Office of the 14 State Technology Office shall report any information 15 technology projects the office identifies as high-risk to the 16 Executive Office of the Governor, the President of the Senate, 17 the Speaker of the House of Representatives, and the chairs of 18 the appropriations committees. Within the limits of current 19 appropriations, the Enterprise Project Management Office shall 20 monitor and report on such high-risk information technology 21 projects, and assess the levels of risks associated with 22 proceeding to the next stage of the project. 23 Section 32. Paragraph (b) of subsection (4), paragraph 24 (a) of subsection (15), and paragraph (b) of subsection (16) 25 of section 287.042, Florida Statutes, are amended to read: 26 287.042 Powers, duties, and functions.--The department 27 shall have the following powers, duties, and functions: 28 (4) 29 (b) To prescribe, in consultation with the State 30 Technology Office, procedures for procuring information 31 technology and information technology consultant services 33 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 which provide for public announcement and qualification, 2 competitive solicitations, contract award, and prohibition 3 against contingent fees. Such procedures must shall be limited 4 to information technology consultant contracts for which the 5 total project costs, or planning or study activities, are 6 estimated to exceed the threshold amount provided for in s. 7 287.017, for CATEGORY TWO. 8 (15)(a) To enter into joint agreements with 9 governmental agencies, as defined in s. 163.3164(10), for the 10 purpose of pooling funds for the purchase of commodities or 11 information technology that can be used by multiple agencies. 12 However, the department shall consult with the State 13 Technology Office on joint agreements that involve the 14 purchase of information technology. Agencies entering into 15 joint purchasing agreements with the department or the State 16 Technology Office shall authorize the department or the State 17 Technology Office to contract for such purchases on their 18 behalf. 19 (16) 20 (b) For contracts pertaining to the provision of 21 information technology, the State Technology Office, in 22 consultation with the department, shall assess the 23 technological needs of a particular agency, evaluate the 24 contracts, and determine whether to enter into a written 25 agreement with the letting federal, state, or political 26 subdivision body to provide information technology for a 27 particular agency. 28 Section 33. Subsection (24) of section 287.057, 29 Florida Statutes, is repealed. 30 Section 34. Subsection (2) of section 402.731, Florida 31 Statutes, is amended to read: 34 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 402.731 Department of Children and Family Services 2 certification programs for employees and service providers; 3 employment provisions for transition to community-based 4 care.-- 5 (2) The department shall develop and implement 6 employment programs to attract and retain competent staff to 7 support and facilitate the transition to privatized 8 community-based care. Such employment programs shall include 9 lump-sum bonuses, salary incentives, relocation allowances, or 10 severance pay. The department shall also contract for the 11 delivery or administration of outplacement services. The 12 department shall establish time-limited exempt positions as 13 provided in s. 110.205(2)(h) s. 110.205(2)(i), in accordance 14 with the authority provided in s. 216.262(1)(c)1. Employees 15 appointed to fill such exempt positions shall have the same 16 salaries and benefits as career service employees. 17 Section 35. Subsections (2), (5), (6), and (9) of 18 section 445.049, Florida Statutes, are amended to read: 19 445.049 Digital Divide Council.-- 20 (2) DIGITAL DIVIDE COUNCIL.--The Digital Divide 21 Council is created in the Department of Management Services 22 State Technology Office. The council shall consist of: 23 (a) The Secretary of Management Services or his or her 24 designee chief information officer in the State Technology 25 Office. 26 (5) ADMINISTRATIVE AND TECHNICAL SUPPORT; PAYMENT OF 27 SUPPORT COSTS.--The Department of Management Services State 28 Technology Office shall provide such administrative and 29 technical support to the council as is reasonably necessary 30 for the council to effectively and timely carry out its duties 31 and responsibilities. All direct and indirect costs of 35 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 providing such support and performing the other duties 2 assigned to the Department of Management Services State 3 Technology Office related to design and implementation of the 4 programs authorized by this section may be paid from 5 appropriations authorized to be used for such purposes. 6 (6) POWERS AND DUTIES OF COUNCIL.--The council, 7 through the Department of Management Services State Technology 8 Office, is authorized and empowered to facilitate the design 9 and implementation of programs that are aimed at achieving the 10 objectives and goals stated in this section. The Department of 11 Management Services State Technology Office shall present and 12 demonstrate to the council the design characteristics and 13 functional elements of each program proposed to be implemented 14 to achieve the objectives and goals stated in this section and 15 each such program shall be reviewed and approved by the 16 council before being implemented. Such programs shall 17 initially be implemented as pilot programs in a minimum of six 18 different areas of the state to develop model programs that 19 are likely to be successful if implemented throughout the 20 state. The areas of the state where the pilot programs are 21 implemented shall be selected by the council with the 22 objectives of testing the merits of the programs in each 23 geographic region of the state and providing equal exposure of 24 the programs to urban and rural communities alike. 25 Implementation of all such pilot and model programs shall be 26 administered by and through the local workforce development 27 boards and each such board shall coordinate and confirm the 28 ready availability and timely delivery of all elements of such 29 programs to ensure the highest probability of such programs 30 achieving their intended results. 31 (9) ANNUAL REPORT.--By March 1 each year, 2002, the 36 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 council, through the Department of Management Services State 2 Technology Office, shall report to the Executive Office of the 3 Governor, the Speaker of the House of Representatives, and the 4 President of the Senate the results of the council's 5 monitoring, reviewing, and evaluating such programs since 6 their inception and the council's recommendations as to 7 whether such programs should be continued and expanded to 8 achieve the objectives and goals stated in this section. 9 10 (Redesignate subsequent sections.) 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 On page 2, line 3, after the semicolon, 16 17 insert: 18 amending s. 20.22, F.S.; renaming an office 19 within the Department of Management Services; 20 amending ss. 20.23, 20.255, and 110.191, F.S.; 21 conforming cross-references; repealing s. 22 110.205(2)(e) and (w), F.S., relating to 23 personnel of the State Technology Office; 24 amending s. 186.022, F.S.; providing for review 25 of information technology plans of the 26 Financial Management Information Board, the 27 Criminal Juvenile Justice Information Systems 28 Council, and the Health Information Systems 29 Council by the Executive Office of the Governor 30 rather than the State Technology Office; 31 amending s. 216.013, F.S.; revising provisions 37 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 governing review of agency program plans by the 2 Executive Office of the Governor; amending s. 3 216.0446, F.S.; revising the responsibilities 4 of the Legislature's Technology Review 5 Workgroup; repealing s. 216.292(1)(c), F.S., 6 relating to transfer of positions or 7 appropriations for fiscal year 2001-2002; 8 amending s. 282.0041, F.S.; revising 9 definitions; amending s. 282.005, F.S.; 10 transferring responsibilities relating to 11 information technology from the State 12 Technology Office to each agency head or to the 13 Department of Management Services; amending s. 14 282.102, F.S.; eliminating the State Technology 15 Office and transferring responsibilities of the 16 office to the Department of Management 17 Services; revising various responsibilities 18 relating to information technology; amending 19 ss. 282.103, 282.104, 282.105, 282.106, and 20 282.107, F.S.; transferring responsibilities 21 relating to the SUNCOM Network from the State 22 Technology Office to the Department of 23 Management Services; amending ss. 282.1095 and 24 282.111, F.S.; transferring responsibilities 25 relating to various law enforcement radio 26 systems from the office to the department; 27 amending s. 282.20, F.S.; transferring 28 responsibilities relating to the Technology 29 Resource Center from the office to the 30 department; amending s. 282.21, F.S.; 31 transferring authorization to collect fees for 38 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 provision of remote electronic access services 2 from the office to the department; amending s. 3 282.22, F.S.; transferring responsibilities 4 relating to production, dissemination, and 5 ownership of various materials or products from 6 the office to the department; repealing s. 7 282.23, F.S., relating to the State Strategic 8 Information Technology Alliance; amending s. 9 282.3031, F.S.; deleting provisions assigning 10 responsibility for information resources 11 management to the State Technology Office; 12 repealing s. 282.3055, F.S., relating to 13 personnel of the State Technology Office; 14 repealing s. 282.3063, F.S., relating to the 15 Agency Annual Enterprise Resource Planning and 16 Management Report; repealing s. 282.310, F.S., 17 relating to the State Annual Report on 18 Enterprise Resource Planning and Management; 19 amending s. 282.315, F.S.; transferring 20 responsibilities relating to the Agency Chief 21 Information Officers Council from the State 22 Technology Office to the Department of 23 Management Services; specifying an additional 24 responsibility; amending s. 282.318, F.S.; 25 transferring various responsibilities relating 26 to security of data and information technology 27 resources from the State Technology Office to 28 each agency head or the Department of 29 Management Services; amending s. 282.322, F.S.; 30 deleting provisions relating to information 31 technology projects identified as high-risk; 39 12:29 PM 03/21/05 s1494c-go03-c8j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1494 Barcode 693854 1 amending s. 287.042, F.S.; transferring 2 responsibilities from the State Technology 3 Office to the Department of Management 4 Services; deleting provisions requiring 5 consultation between the department and the 6 office; repealing s. 287.057(24), F.S., 7 relating to strategic information technology 8 alliances; amending s. 402.731, F.S.; 9 conforming a cross-reference; amending s. 10 445.049, F.S.; transferring responsibilities 11 relating to the Digital Divide Council from the 12 State Technology Office to the Department of 13 Management Services or the secretary of the 14 department; 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 40 12:29 PM 03/21/05 s1494c-go03-c8j
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