Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1498
       
       
       
       
       
       
                                Barcode 799624                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2012           .                                
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       The Committee on Governmental Oversight and Accountability
       (Ring) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. (1) The Agency for Enterprise Information
    6  Technology is abolished.
    7         (2) All of the powers, duties, functions, records,
    8  personnel, and property; funds, trust funds, and unexpended
    9  balances of appropriations, allocations, and other funds;
   10  administrative authority; administrative rules; pending issues;
   11  and existing contracts of the Agency for Enterprise Information
   12  Technology are transferred by a type one transfer, pursuant to
   13  s. 20.06(1), Florida Statutes, to the Agency for State
   14  Technology.
   15         Section 2. Transfers from the Department of Management
   16  Services.—
   17         (1) The Technology Program established under section
   18  20.22(2), Florida Statutes, is transferred by a type one
   19  transfer, as defined in s. 20.06(1), Florida Statutes, from the
   20  Department of Management Services to the Agency for State
   21  Technology in the Executive Officer of the Governor.
   22         (2) All of the powers, duties, functions, records,
   23  personnel, and property; funds, trust funds, and unexpended
   24  balances of appropriations, allocations, and other funds;
   25  administrative authority; administrative rules; pending issues;
   26  and existing contracts relating to the following
   27  responsibilities are transferred by a type one transfer, as
   28  defined in s. 20.06(1), Florida Statutes, from the Department of
   29  Management Services to the Agency for State Technology in the
   30  Executive Office of the Governor:
   31         (a) Administrative and regulatory responsibilities under
   32  part II of chapter 282, Florida Statutes, consisting of ss.
   33  282.601-282.606, Florida Statutes, relating to accessibility of
   34  electronic information and information technology for state
   35  employees and members of the public with disabilities, including
   36  the responsibility for rules for the development, procurement,
   37  maintenance, and use of accessible electronic information
   38  technology by governmental units pursuant to s. 282.604, Florida
   39  Statutes.
   40         (b) Administrative and regulatory responsibilities under
   41  part III of chapter 282, Florida Statutes, consisting of ss.
   42  282.701-282.711, relating to the state telecommunications
   43  network, state communications, telecommunications services with
   44  state agencies and political subdivisions of the state, the
   45  SUNCOM network, the law enforcement radio system and
   46  interoperability network, regional law enforcement
   47  communications, and remote electronic access.
   48         (c) Administrative and regulatory responsibilities under s.
   49  364.0135, Florida Statutes, relating to broadband Internet
   50  service.
   51         (d) Administrative and regulatory responsibilities under
   52  ss. 365.171, 365.172, 365.173, 365.174, and 365.175, Florida
   53  Statutes, relating to emergency communications number E911.
   54         (e) Administrative and regulatory responsibilities under
   55  part I of chapter 401, Florida Statutes, consisting of ss.
   56  401.013-401.027, relating to a statewide system of regional
   57  emergency medical telecommunications.
   58         (3)(a) The following trust funds are transferred by a type
   59  one transfer, as defined in s. 20.06(1), Florida Statutes, from
   60  the Department of Management Services to the Agency for State
   61  Technology in the Executive Office of the Governor:
   62         1. The Communications Working Capital Trust Fund.
   63         2. The Emergency Communications Number E911 System Fund.
   64         3. The State Agency Law Enforcement Radio System Trust
   65  Fund.
   66         (b) All unexpended balances of appropriations, allocations,
   67  and other funds of the Department of Management Services
   68  relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171
   69  365.175, and part I of chapter 401, Florida Statutes, which are
   70  not specifically transferred by this subsection are transferred
   71  by a type one transfer, as defined in s. 20.06(1), Florida
   72  Statutes, to the Agency for State Technology in the Executive
   73  Office of the Governor.
   74         (4) All lawful orders issued by the Department of
   75  Management Services implementing or enforcing or otherwise in
   76  regard to ss. 282.701-282.711, s. 364.0135, ss. 365.171-365.175,
   77  or part I of chapter 401, Florida Statutes, issued before July
   78  1, 2012, remain in effect and are enforceable after that date
   79  unless thereafter modified in accordance with law.
   80         (5) Any binding contract or interagency agreement entered
   81  into pursuant to ss. 282.701-282.711, s. 364.0135, ss. 365.171
   82  365.175, or part I of chapter 401, Florida Statutes, and
   83  existing before July 1, 2012, between the Department of
   84  Management Services or an entity or agent of the department and
   85  any other agency, entity, or person continue as a binding
   86  contract or agreement for the remainder of the term of such
   87  contract or agreement on the Agency for State Technology.
   88         (6) The rules of the Department of Management Services
   89  relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171
   90  365.175, or part I of chapter 401, Florida Statutes, which were
   91  in effect at 11:59 p.m. on June 30, 2012, become rules of the
   92  Agency for State Technology and remain in effect until amended
   93  or repealed in the manner provided by law.
   94         (7) The transfer of regulatory authority under ss. 282.701
   95  282.711, s. 364.0135, ss. 365.171-365.175, or part I of chapter
   96  401, Florida Statutes, provided by this section does not affect
   97  the validity of any judicial or administrative action pending as
   98  of 11:59 p.m. on June 30, 2012, to which the Department of
   99  Management Services is at that time a party, and the Agency for
  100  State Technology shall be substituted as a party in interest in
  101  such action.
  102         (8) The Northwood Shared Resource Center is transferred by
  103  a type one transfer, as defined in s. 20.06(1), Florida
  104  Statutes, from the Department of Management Services to the
  105  Agency for State Technology in the Executive Office of the
  106  Governor.
  107         (a) Any binding contract or interagency agreement entered
  108  into between the Northwood Shared Resource Center or an entity
  109  or agent of the center and any other agency, entity, or person
  110  continues as a binding contract or agreement for the remainder
  111  of the term of such contract or agreement on the Agency for
  112  State Technology.
  113         (b) The rules of the Northwood Shared Resource Center which
  114  were in effect at 11:59 p.m. on June 30, 2012, become rules of
  115  the Agency for State Technology and remain in effect until
  116  amended or repealed in the manner provided by law.
  117         (9) The Southwood Shared Resource Center is transferred by
  118  a type one transfer, as defined in s. 20.06(1), Florida
  119  Statutes, from the Department of Management Services to the
  120  Agency for State Technology in the Executive Office of the
  121  Governor.
  122         (a) Any binding contract or interagency agreement entered
  123  into between the Southwood Shared Resource Center or an entity
  124  or agent of the center and any other agency, entity, or person
  125  continues as a binding contract or agreement for the remainder
  126  of the term of such contract or agreement on the Agency for
  127  State Technology.
  128         (b) The rules of the Southwood Shared Resource Center which
  129  were in effect at 11:59 p.m. on June 30, 2012, become rules of
  130  the Agency for State Technology and remain in effect until
  131  amended or repealed in the manner provided by law.
  132         Section 3. Section 14.204, Florida Statutes, is repealed.
  133         Section 4. Section 14.206, Florida Statutes, is created to
  134  read:
  135         14.206 Agency for State Technology.—The Agency for State
  136  Technology is created in the executive Office of the Governor.
  137         (1) The head of the agency shall be the Governor and
  138  Cabinet.
  139         (2)The agency is a separate budget entity and is not
  140  subject to control, supervision, or direction by the Executive
  141  Office of the Governor, including, but not limited to,
  142  purchasing, transactions involving real or personal property,
  143  personnel, or budgetary matters.
  144         (3) The agency shall have an executive director who is the
  145  state’s Chief Information Officer and who must be qualified by
  146  education and experience for the office. The executive director
  147  shall be appointed by the Governor, subject to confirmation by
  148  the Cabinet and the Senate, and shall serve at the pleasure of
  149  the Governor and Cabinet.
  150         (a) The executive director:
  151         1. Shall be responsible for developing and administering a
  152  comprehensive long-range plan for the state’s information
  153  technology resources, ensuring the proper management of such
  154  resources, and delivering services.
  155         2. Shall appoint a Chief Technology Officer to lead the
  156  divisions of the agency dedicated to the operation and delivery
  157  of enterprise information technology services.
  158         3. Shall appoint a Chief Operations Officer to lead the
  159  divisions of the agency dedicated to enterprise information
  160  technology policy, planning, standards and procurement.
  161         4. Shall designate a state Chief Information Security
  162  Officer.
  163         5. May appoint all employees necessary to carry out the
  164  duties and responsibilities of the agency.
  165         (b) The Governor shall appoint a search committee to
  166  recruit an executive director for the agency. At a minimum, the
  167  Attorney General, the Chief Financial Officer, and the
  168  Commissioner of Agriculture shall each have one appointment to
  169  the search committee. The committee shall determine the position
  170  description; identify the knowledge, skills, and abilities that
  171  qualified candidates must possess; define and conduct the search
  172  process; and recommend top candidates to the Governor and
  173  Cabinet for their approval. The recommendation of top candidates
  174  shall also include recommended salary ranges.
  175         (4) The following officers, divisions, and units of the
  176  agency are established:
  177         (a) Under the Chief Technology Officer:
  178         1. The Division of Telecommunications which includes.
  179         a. SUNCOM.
  180         b. State Agency Law Enforcement Radio System.
  181         c. State E911 Program.
  182         2. The Division of Data Center Operations which includes.
  183         a. Northwood Shared Resource Center.
  184         b. Southwood Shared Resource Center.
  185         3. The Division of Enterprise Service Delivery which
  186  includes.
  187         a. Enterprise e-mail.
  188         (b) Under the Chief Enterprise Applications Officer:
  189         1. Enterprise Software Design and Projects.
  190         2. Enterprise Software Operations.
  191         3. Enterprise Data Standards.
  192         4. Enterprise Data Management.
  193         (c) Under the Chief Operations Officer:
  194         1. Strategic Planning.
  195         2. Enterprise Information Technology Standards.
  196         a. Enterprise Information Technology Procurement.
  197         b. Information Technology Security and Compliance.
  198         3. Enterprise Services Planning and Consolidation.
  199         4. Enterprise Project Management.
  200         (d) Under the Director of Administration:
  201         1. Accounting and Budgeting.
  202         2. Personnel.
  203         3. Procurement and Contracts.
  204         (e) Under the Office of the Executive Director:
  205         1. Inspector General.
  206         2. Legal.
  207         3. Governmental Affairs.
  208         (5) The agency shall have the following duties and
  209  responsibilities. The agency shall:
  210         (a) Develop and publish a long-term State Information
  211  Technology Resources Strategic Plan.
  212         (b) Initiate, plan, design, implement, and manage
  213  enterprise information technology services.
  214         (c) Beginning October 1, 2012, and every 3 months
  215  thereafter, provide a status report on its initiatives. The
  216  report shall be presented at a meeting of the Governor and
  217  Cabinet.
  218         (d) Beginning September 1, 2013, and every 3 months
  219  thereafter until enterprise information technology service
  220  consolidations are complete, provide a status report on the
  221  implementation of the consolidations that must be completed
  222  during the fiscal year. The report shall be submitted to the
  223  Executive Office of the Governor, the Cabinet, the President of
  224  the Senate, and the Speaker of the House of Representatives. At
  225  a minimum, the report must describe:
  226         1. Whether the consolidation is on schedule, including
  227  progress on achieving the milestones necessary for successful
  228  and timely consolidation of scheduled agency data centers and
  229  computing facilities; and
  230         2. The risks that may affect the progress or outcome of the
  231  consolidation and how such risks are being mitigated or managed.
  232         (e) Set technical standards for information technology,
  233  review major information technology projects and procurements,
  234  establish information technology security standards, provide for
  235  the procurement of information technology resources, excluding
  236  human resources, and deliver enterprise information technology
  237  services as defined in s. 282.0041.
  238         (f) Establish and operate shared resource centers.
  239         (g) Establish and deliver enterprise information technology
  240  services to serve state agencies on a cost-sharing basis,
  241  charging each state agency its proportionate share of the cost
  242  of maintaining and delivering a service based on a state
  243  agency’s use of the service.
  244         (h) Use the following principles to develop a means of
  245  chargeback for primary data center services:
  246         1. The customers of the primary data center shall provide
  247  payments to the primary data center which are sufficient to
  248  maintain the solvency of the primary data center operation for
  249  all costs not directly funded through the General Appropriations
  250  Act.
  251         2. Per unit cost of usage shall be the primary basis for
  252  pricing, and usage must be accurately measurable and
  253  attributable to the appropriate customer.
  254         3. The primary data center shall combine the aggregate
  255  purchasing power of large and small customers to achieve
  256  collective savings opportunities to all customers.
  257         4. Chargeback methodologies shall be devised to consider
  258  restrictions on grants to customers.
  259         5. Chargeback methodologies should establish incentives
  260  that lead to customer usage practices that result in lower costs
  261  to the state.
  262         6. Chargeback methodologies must consider technological
  263  change when:
  264         a. New services require short-term investments before
  265  achieving long-term, full cost recovery for the service.
  266         b. Customers of antiquated services may not be able to bear
  267  all of the costs for the antiquated services during periods when
  268  customers are migrating to replacement services.
  269         7. Prices may be established which allow for accrual of
  270  cash balances for the purpose of maintaining contingent
  271  operating funds and funding planned capital investments. Accrual
  272  of the cash balances shall be considered costs for the purposes
  273  of this section.
  274         8. The primary data center may not knowingly enter into an
  275  agreement with a customer for more than 2 years if associated
  276  charges will not be sufficient to cover the associated
  277  proportional costs.
  278         9. Flat rate charges may be used only if there are
  279  provisions for reconciling charges to comport with actual costs
  280  and use.
  281         (i) Exercise technical and fiscal prudence in determining
  282  the best way to deliver enterprise information technology
  283  services.
  284         (j) Collect and maintain an inventory of the information
  285  technology resources in the state agencies.
  286         (k) Assume ownership or custody and control of information
  287  processing equipment, supplies, and positions required in order
  288  to thoroughly carry out the agency’s duties and
  289  responsibilities.
  290         (l) Adopt rules and policies for the efficient, secure, and
  291  economical management and operation of the shared resource
  292  centers and state telecommunications services.
  293         (m) Provide other public sector organizations as defined in
  294  s. 282.0041 with access to the services provided by the agency.
  295  Access shall be provided on the same cost basis that applies to
  296  state agencies.
  297         (n) Ensure that data that is confidential under state or
  298  federal law may not be entered into or processed through any
  299  shared resource center or network established under the agency
  300  until safeguards for the data’s security satisfactory to the
  301  agency head and the executive director of the agency have been
  302  designed, installed, and tested and are fully operational. This
  303  paragraph does not prescribe what actions necessary to satisfy a
  304  state agency’s objectives are to be undertaken or to remove from
  305  the control and administration of the state agency the
  306  responsibility for working with the agency to implement
  307  safeguards, regardless of whether such control and
  308  administration are specifically required by general law or
  309  administered under the general program authority and
  310  responsibility of the state agency.
  311         (o) Conduct periodic assessments of state agencies for
  312  compliance with statewide information technology policies and
  313  recommend to the Governor and Cabinet statewide policies for
  314  information technology.
  315         (6) The agency may not use or direct the spending of
  316  operational information technology trust funds to study and
  317  develop enterprise information strategies, plans, rules,
  318  reports, policies, proposals, budgets, or enterprise information
  319  technology initiatives that are not directly related to
  320  developing information technology services for which usage fees
  321  reimburse the costs of the initiative. As used in this
  322  subsection, “operational information technology trust funds”
  323  means funds into which deposits are made on a fee-for-service
  324  basis or a trust fund dedicated to a specific information
  325  technology project or system.
  326         (7) The agency shall operate in a manner that ensures the
  327  participation and representation of state agencies.
  328         (8) The agency may adopt rules to carry out its duties and
  329  responsibilities.
  330         Section 5. Section 282.0041, Florida Statutes, is reordered
  331  and amended to read:
  332         282.0041 Definitions.—As used in this chapter, the term:
  333         (1) “Agency” has the same meaning as in s. 216.011(1)(qq),
  334  except that for purposes of this chapter, “agency” does not
  335  include university boards of trustees or state universities.
  336         (1)(2) “Agency for State Enterprise Information Technology”
  337  or “agency” means the agency created in s. 14.206 14.204.
  338         (2)(3) “Agency information technology service” means a
  339  service that directly helps a state an agency fulfill its
  340  statutory or constitutional responsibilities and policy
  341  objectives and is usually associated with the state agency’s
  342  primary or core business functions.
  343         (4) “Annual budget meeting” means a meeting of the board of
  344  trustees of a primary data center to review data center usage to
  345  determine the apportionment of board members for the following
  346  fiscal year, review rates for each service provided, and
  347  determine any other required changes.
  348         (3)(5) “Breach” has the same meaning as in s. 817.5681(4).
  349         (4)(6) “Business continuity plan” means a plan for disaster
  350  recovery which provides for the continued functioning of a
  351  primary data center during and after a disaster.
  352         (5) “Collocation” means the method by which a state
  353  agency’s data center occupies physical space within a shared
  354  resource center where physical floor space, bandwidth, power,
  355  cooling, and physical security are available for an equitable
  356  usage rate and minimal complexity, and allow for the sustained
  357  management and oversight of the collocating agency’s information
  358  technology resources as well as physical and logical database
  359  administration by the collocating agency’s staff.
  360         (6)(7) “Computing facility” means a state agency site space
  361  containing fewer than a total of 10 physical or logical servers,
  362  any of which supports a strategic or nonstrategic information
  363  technology service, as described in budget instructions
  364  developed pursuant to s. 216.023, but excluding
  365  telecommunications and voice gateways and a clustered pair of
  366  servers operating as a single logical server to provide file,
  367  print, security, and endpoint management services single,
  368  logical-server installations that exclusively perform a utility
  369  function such as file and print servers.
  370         (7) “Computing service” means an information technology
  371  service that is used in all state agencies or a subset of
  372  agencies and is, therefore, a candidate for being established as
  373  an enterprise information technology service. Examples include
  374  e-mail, service hosting, telecommunications, and disaster
  375  recovery.
  376         (8) “Customer entity” means an entity that obtains services
  377  from a primary data center.
  378         (8)(9) “Data center” means a state agency site space
  379  containing 10 or more physical or logical servers any of which
  380  supports a strategic or nonstrategic information technology
  381  service, as described in budget instructions developed pursuant
  382  to s. 216.023.
  383         (10) “Department” means the Department of Management
  384  Services.
  385         (10)(11) “Enterprise information technology service” means
  386  an information technology service that is used in all state
  387  agencies or a subset of state agencies and is established in law
  388  to be designed, delivered, and managed at the enterprise level.
  389  Current enterprise information technology services include data
  390  center services, e-mail, and security.
  391         (9)(12) “E-mail, messaging, and calendaring service” means
  392  the enterprise information technology service that enables users
  393  to send, receive, file, store, manage, and retrieve electronic
  394  messages, attachments, appointments, and addresses. The e-mail,
  395  messaging, and calendaring service must include e-mail account
  396  management; help desk; technical support and user provisioning
  397  services; disaster recovery and backup and restore capabilities;
  398  antispam and antivirus capabilities; archiving and e-discovery;
  399  and remote access and mobile messaging capabilities.
  400         (11)(13) “Information-system utility” means an information
  401  processing a full-service information-processing facility
  402  offering hardware, software, operations, integration,
  403  networking, floor space, and consulting services.
  404         (13)(14) “Information technology resources” means
  405  equipment, hardware, software, firmware, programs, systems,
  406  networks, infrastructure, media, and related material used to
  407  automatically, electronically, and wirelessly collect, receive,
  408  access, transmit, display, store, record, retrieve, analyze,
  409  evaluate, process, classify, manipulate, manage, assimilate,
  410  control, communicate, exchange, convert, converge, interface,
  411  switch, or disseminate information of any kind or form, and
  412  includes the human resources to perform such duties, but
  413  excludes application developers and logical database
  414  administrators.
  415         (14) “Local area network” means any telecommunications
  416  network through which messages and data are exchanged strictly
  417  within a single building or contiguous campus.
  418         (12)(15) “Information technology policy” means statements
  419  that describe clear choices for how information technology will
  420  deliver effective and efficient government services to residents
  421  and improve state agency operations. A policy may relate to
  422  investments, business applications, architecture, or
  423  infrastructure. A policy describes its rationale, implications
  424  of compliance or noncompliance, the timeline for implementation,
  425  metrics for determining compliance, and the accountable
  426  structure responsible for its implementation.
  427         (15) “Logical database administration” means the resources
  428  required to build and maintain database structure, implement and
  429  maintain role-based data access controls, and perform
  430  performance optimization of data queries and includes the
  431  manipulation, transformation, modification, and maintenance of
  432  data within a logical database. Typical tasks include schema
  433  design and modifications, user provisioning, query tuning, index
  434  and statistics maintenance, and data import, export, and
  435  manipulation.
  436         (16) “Memorandum of understanding” means a written
  437  agreement between a shared resource center or the Division of
  438  Telecommunications in the agency and a state agency which
  439  specifies the scope of services provided, service level,
  440  duration of the agreement, responsible parties, and service
  441  costs. A memorandum of understanding is not a rule pursuant to
  442  chapter 120.
  443         (17) “Other public sector organizations” means entities of
  444  the legislative and judicial branches, the State University
  445  System, the Florida Community College System, counties, and
  446  municipalities. Such organizations may elect to participate in
  447  the information technology programs, services, or contracts
  448  offered by the Agency for State Technology, including
  449  information technology procurement, in accordance with general
  450  law, policies, and administrative rules.
  451         (18)(16) “Performance metrics” means the measures of an
  452  organization’s activities and performance.
  453         (19) “Physical database administration” means the resources
  454  responsible for installing, maintaining, and operating an
  455  environment within which a database is hosted. Typical tasks
  456  include database engine installation, configuration, and
  457  security patching, as well as performing backup and restoration
  458  of hosted databases, setup and maintenance of instance-based
  459  data replication, and monitoring the health and performance of
  460  the database environment.
  461         (20)(17) “Primary data center” means a data center that is
  462  a recipient entity for consolidation of state agency information
  463  technology resources nonprimary data centers and computing
  464  facilities and that is established by law.
  465         (21)(18) “Project” means an endeavor that has a defined
  466  start and end point; is undertaken to create or modify a unique
  467  product, service, or result; and has specific objectives that,
  468  when attained, signify completion.
  469         (22)(19) “Risk analysis” means the process of identifying
  470  security risks, determining their magnitude, and identifying
  471  areas needing safeguards.
  472         (23)(20) “Service level” means the key performance
  473  indicators (KPI) of an organization or service which must be
  474  regularly performed, monitored, and achieved.
  475         (21) “Service-level agreement” means a written contract
  476  between a data center and a customer entity which specifies the
  477  scope of services provided, service level, the duration of the
  478  agreement, the responsible parties, and service costs. A
  479  service-level agreement is not a rule pursuant to chapter 120.
  480         (24) “Shared resource center” means a primary data center
  481  that has been designated and assigned specific duties under this
  482  chapter or by the Agency for State Technology under s. 14.206.
  483         (25)(22) “Standards” means required practices, controls,
  484  components, or configurations established by an authority.
  485         (26) “State agency” means any official, officer,
  486  commission, board, authority, council, committee, or department
  487  of the executive branch of state government. The term does not
  488  include university boards of trustees or state universities.
  489         (27) “State agency site” means a single, contiguous local
  490  area network segment that does not traverse a metropolitan area
  491  network or wide area network.
  492         (28)(23) “SUNCOM Network” means the state enterprise
  493  telecommunications system that provides all methods of
  494  electronic or optical telecommunications beyond a single
  495  building or contiguous building complex and used by entities
  496  authorized as network users under this part.
  497         (29)(24) “Telecommunications” means the science and
  498  technology of communication at a distance, including electronic
  499  systems used in the transmission or reception of information.
  500         (30)(25) “Threat” means any circumstance or event that may
  501  cause harm to the integrity, availability, or confidentiality of
  502  information technology resources.
  503         (31)(26) “Total cost” means all costs associated with
  504  information technology projects or initiatives, including, but
  505  not limited to, value of hardware, software, service,
  506  maintenance, incremental personnel, and facilities. Total cost
  507  of a loan or gift of information technology resources to a state
  508  an agency includes the fair market value of the resources.
  509         (32)(27) “Usage” means the billing amount charged by the
  510  primary data center, less any pass-through charges, to the state
  511  agency customer entity.
  512         (33)(28) “Usage rate” means a state agency’s customer
  513  entity’s usage or billing amount as a percentage of total usage.
  514         (34) “Wide area network” means any telecommunications
  515  network or components thereof through which messages and data
  516  are exchanged outside of a local area network.
  517         Section 6. Section 282.0055, Florida Statutes, is amended
  518  to read:
  519         (Substantial rewording of section. See
  520         s. 282.0055, Florida Statutes, for current text.)
  521         282.0055 Assignment of enterprise information technology.—
  522         (1) The establishment of a systematic process for the
  523  planning, design, implementation, procurement, delivery, and
  524  maintenance of enterprise information technology services shall
  525  be the responsibility of the Agency for State Technology for
  526  executive branch agencies that are created or authorized in
  527  statute to perform legislatively delegated functions. The
  528  agency’s duties shall be performed in collaboration with the
  529  state agencies. The supervision, design, development, delivery,
  530  and maintenance of state-agency specific or unique software
  531  applications shall remain within the responsibility and control
  532  of the individual state agency or other public sector
  533  organization.
  534         (2) During the 2012-2013 fiscal year, the Agency for State
  535  Technology shall, in collaboration with the state agencies and
  536  other stakeholders, create a road map for enterprise information
  537  technology service consolidation. At a minimum, the road map
  538  must include:
  539         (a) An enterprise architecture that provides innovative,
  540  yet pragmatic and cost-effective offerings.
  541         (b) A schedule for the consolidation of state agency data
  542  centers.
  543         (c) Cost-saving targets and timeframes for when the savings
  544  will be realized.
  545         (d) Recommendations, including cost estimates, for
  546  enhancements to the Northwood Shared Resource Center and the
  547  Southwood Shared Resource Center which will improve their
  548  ability to deliver enterprise information technology services.
  549         (3) By October 15th of each year beginning in 2013, the
  550  Agency for State Technology shall develop a comprehensive
  551  transition plan for scheduled consolidations occurring in the
  552  next fiscal year. This plan shall be submitted to the Governor,
  553  the Cabinet, the President of the Senate, and the Speaker of the
  554  House of Representatives. The transition plan shall be developed
  555  in consultation with other state agencies submitting state
  556  agency transition plans. The comprehensive transition plan must
  557  include:
  558         (a) Recommendations for accomplishing the proposed
  559  transitions as efficiently and effectively as possible with
  560  minimal disruption to state agency business processes.
  561         (b) Strategies to minimize risks associated with any of the
  562  proposed consolidations.
  563         (c) A compilation of the state agency transition plans
  564  submitted by state agencies scheduled for consolidation for the
  565  following fiscal year.
  566         (d) An estimate of the cost to provide enterprise
  567  information technology services for each state agency scheduled
  568  for consolidation.
  569         (e) An analysis of the cost effects resulting from the
  570  planned consolidations on existing state agencies.
  571         (f) The fiscal year adjustments to budget categories in
  572  order to absorb the transfer of state agency information
  573  technology resources pursuant to the legislative budget request
  574  instructions provided in s. 216.023.
  575         (g) A description of any issues that must be resolved in
  576  order to accomplish as efficiently and effectively as possible
  577  all consolidations required during the fiscal year.
  578         (4) State agencies have the following duties:
  579         (a) For the purpose of completing its work activities, each
  580  state agency shall provide to the Agency for State Technology
  581  all requested information and any other information relevant to
  582  the state agency’s ability to effectively transition its
  583  information technology resources into the agency.
  584         (b) For the purpose of completing its work activities, each
  585  state agency shall temporarily assign staff to assist the agency
  586  with designated tasks as negotiated between the agency and the
  587  state agency.
  588         (c) Each state agency identified for consolidation into an
  589  enterprise information technology service offering must submit a
  590  transition plan to the Agency for State Technology by September
  591  1 of the fiscal year before the fiscal year in which the
  592  scheduled consolidation will occur. Transition plans shall be
  593  developed in consultation with the agency and must include:
  594         1. An inventory of the state agency data center’s resources
  595  being consolidated, including all hardware, software, staff, and
  596  contracted services, and the facility resources performing data
  597  center management and operations, security, backup and recovery,
  598  disaster recovery, system administration, database
  599  administration, system programming, mainframe maintenance, job
  600  control, production control, print, storage, technical support,
  601  help desk, and managed services, but excluding application
  602  development.
  603         2. A description of the level of services needed to meet
  604  the technical and operational requirements of the platforms
  605  being consolidated and an estimate of the primary data center’s
  606  cost for the provision of such services.
  607         3. A description of expected changes to its information
  608  technology needs and the timeframe when such changes will occur.
  609         4. A description of the information technology resources
  610  proposed to remain in the state agency.
  611         5. A baseline project schedule for the completion of the
  612  consolidation.
  613         6. The specific recurring and nonrecurring budget
  614  adjustments of budget resources by appropriation category into
  615  the appropriate data processing category pursuant to the
  616  legislative budget instructions in s. 216.023 necessary to
  617  support state agency costs for the transfer.
  618         (5)(a) Unless authorized by the Legislature or as provided
  619  in paragraphs (b) and (c), a state agency may not:
  620         1. Create a new computing service or expand an existing
  621  computing service if that service has been designated as an
  622  enterprise information technology service.
  623         2. Spend funds before the state agency’s scheduled
  624  consolidation to an enterprise information technology service to
  625  purchase or modify hardware or operations software that does not
  626  comply with hardware and software standards established by the
  627  Agency for State Technology.
  628         3. Unless for the purpose of offsite disaster recovery
  629  services, transfer existing computing services to any service
  630  provider other than the Agency for State Technology.
  631         4. Terminate services with the Agency for State Technology
  632  without giving written notice of intent to terminate or transfer
  633  services 180 days before such termination or transfer.
  634         5. Initiate a new computing service with any service
  635  provider other than the Agency for State Technology if that
  636  service has been designated as an enterprise information
  637  technology service.
  638         (b) Exceptions to the limitations in subparagraphs (a)1.,
  639  2., 3., and 5. may be granted by the Agency for State Technology
  640  if there is insufficient capacity in the primary data centers to
  641  absorb the workload associated with agency computing services,
  642  expenditures are compatible with the scheduled consolidation and
  643  established standards, or the equipment or resources are needed
  644  to meet a critical state agency business need that cannot be
  645  satisfied from surplus equipment or resources of the primary
  646  data center until the state agency data center is consolidated.
  647         1. A request for an exception must be submitted in writing
  648  to the Agency for State Technology. The agency must accept,
  649  accept with conditions, or deny the request within 60 days after
  650  receipt of the written request. The agency’s decision is not
  651  subject to chapter 120.
  652         2. The Agency for State Technology may not approve a
  653  request unless it includes, at a minimum:
  654         a. A detailed description of the capacity requirements of
  655  the state agency requesting the exception.
  656         b. Documentation from the state agency head demonstrating
  657  why it is critical to the state agency’s mission that the
  658  expansion or transfer must be completed within the fiscal year
  659  rather than when capacity is established at a primary data
  660  center.
  661         3. Exceptions to subparagraph (a)4. may be granted by the
  662  Agency for State Technology if the termination or transfer of
  663  services can be absorbed within the current cost-allocation
  664  plan.
  665         Section 7. Section 282.0056, Florida Statutes, is amended
  666  to read:
  667         282.0056 Strategic plan, development of work plan, and;
  668  development of implementation plans; and policy
  669  recommendations.—
  670         (1) In order to provide a systematic process for meeting
  671  the state’s technology needs, the executive director of the
  672  Agency for State Technology shall develop a biennial state
  673  Information Technology Resources Strategic Plan. The Governor
  674  and Cabinet shall approve the plan before transmitting it to the
  675  Legislature, biennially, starting October 1, 2013. The plan must
  676  include the following elements:
  677         (a) The vision, goals, initiatives, and targets for state
  678  information technology for the short term of 2 years, midterm of
  679  3 to 5 years, and long term of more than 5 years.
  680         (b) An inventory of the information technology resources in
  681  state agencies and major projects currently in progress and
  682  planned. This does not imply that the agency has approval
  683  authority over major projects. As used in this section, the term
  684  “major project” means projects that cost more than $1 million to
  685  implement.
  686         (c) An analysis of opportunities for statewide initiatives
  687  that would yield efficiencies, cost savings, or avoidance or
  688  improve effectiveness in state programs. The analysis must
  689  include:
  690         1. Information technology services that should be designed,
  691  delivered, and managed as enterprise information technology
  692  services.
  693         2. Techniques for consolidating the purchase of information
  694  technology commodities and services that may result in savings
  695  for the state and for establishing a process to achieve savings
  696  through consolidated purchases.
  697         (d) Recommended initiatives based on the analysis in
  698  paragraph (c).
  699         (e) Implementation plans for enterprise information
  700  technology services that the agency recommends be established in
  701  law in the upcoming fiscal year. The implementation plans must
  702  describe the scope of the service, requirements analyses, costs
  703  and savings projects, and a project schedule for statewide
  704  implementation.
  705         (2) Each state agency shall, biennially, provide to the
  706  agency the inventory required under paragraph (1)(b). The agency
  707  shall consult with and assist state agencies in the preparation
  708  of these inventories. Each state agency shall submit its plan to
  709  the agency biennially, starting January 1, 2013.
  710         (3) For the purpose of completing its work activities, each
  711  state agency shall provide to the agency all requested
  712  information, including, but not limited to, the state agency’s
  713  costs, service requirements, staffing, and equipment
  714  inventories.
  715         (4)(1)For the purpose of ensuring accountability for the
  716  duties and responsibilities of the executive director and the
  717  agency under ss. 14.206 and 282.0055, the executive director For
  718  the purposes of carrying out its responsibilities under s.
  719  282.0055, the Agency for Enterprise Information Technology shall
  720  develop an annual work plan within 60 days after the beginning
  721  of the fiscal year describing the activities that the agency
  722  intends to undertake for that year and identify the critical
  723  success factors, risks, and issues associated with the work
  724  planned. The work plan must also include planned including
  725  proposed outcomes and completion timeframes for the planning and
  726  implementation of all enterprise information technology
  727  services. The work plan must align with the state Information
  728  Technology Strategic Plan, be presented at a public hearing, and
  729  be approved by the Governor and Cabinet;, and, thereafter, be
  730  submitted to the President of the Senate and the Speaker of the
  731  House of Representatives. The work plan may be amended as
  732  needed, subject to approval by the Governor and Cabinet.
  733         (2) The agency may develop and submit to the President of
  734  the Senate, the Speaker of the House of Representatives, and the
  735  Governor by October 1 of each year implementation plans for
  736  proposed enterprise information technology services to be
  737  established in law.
  738         (3) In developing policy recommendations and implementation
  739  plans for established and proposed enterprise information
  740  technology services, the agency shall describe the scope of
  741  operation, conduct costs and requirements analyses, conduct an
  742  inventory of all existing information technology resources that
  743  are associated with each service, and develop strategies and
  744  timeframes for statewide migration.
  745         (4) For the purpose of completing its work activities, each
  746  state agency shall provide to the agency all requested
  747  information, including, but not limited to, the state agency’s
  748  costs, service requirements, and equipment inventories.
  749         (5) For the purpose of ensuring accountability for the
  750  duties and responsibilities of the executive director and the
  751  agency under ss. 14.206 and 282.0055, within 60 days after the
  752  end of each fiscal year, the executive director agency shall
  753  report to the Governor and Cabinet, the President of the Senate,
  754  and the Speaker of the House of Representatives on what was
  755  achieved or not achieved in the prior year’s work plan.
  756         Section 8. Section 282.201, Florida Statutes, is amended to
  757  read:
  758         (Substantial rewording of section. See
  759         s. 282.201, Florida Statutes, for current text.)
  760         282.201 State data center system; agency duties and
  761  limitations.—A state data center system that includes all
  762  primary data centers, other nonprimary data centers, and
  763  computing facilities, and that provides an enterprise
  764  information technology service, is established.
  765         (1) INTENT.—The Legislature finds that the most efficient
  766  and effective means of providing quality utility data processing
  767  services to state agencies requires that computing resources be
  768  concentrated in quality facilities that provide the proper
  769  security, infrastructure, and staff resources to ensure that the
  770  state’s data is maintained reliably and safely and is
  771  recoverable in the event of a disaster. Efficiencies resulting
  772  from such consolidation include the increased ability to
  773  leverage technological expertise and hardware and software
  774  capabilities; increased savings through consolidated purchasing
  775  decisions; and the enhanced ability to deploy technology
  776  improvements and implement new policies consistently throughout
  777  the consolidated organization.
  778         (2) AGENCY FOR STATE TECHNOLOGY DUTIES.—The agency shall:
  779         (a) By October 1, 2013, provide to the Governor and
  780  Cabinet, recommendations for approving, confirming, and removing
  781  primary data center designation. Upon the approval of the
  782  Governor and Cabinet of primary data center designations,
  783  existing primary data center designations are repealed.
  784         (b) By October 1 of each year, beginning in 2013, provide
  785  recommendations to the Governor, Cabinet, and Legislature
  786  relating to changes to the schedule for the consolidations of
  787  state agency data centers. Changes to the consolidation schedule
  788  must be based on the goals of maximizing efficiency of service
  789  delivery and current and future cost savings.
  790         (3) STATE AGENCY DUTIES.—
  791         (a) Any state agency that is consolidating agency data
  792  centers into a primary data center must execute a new or update
  793  an existing memorandum of understanding within 60 days after the
  794  specified consolidation date, as required by s. 282.203, in
  795  order to specify the services and levels of service it is to
  796  receive from the primary data center as a result of the
  797  consolidation. If a state agency is unable to execute a
  798  memorandum of understanding by that date, the state agency shall
  799  submit a report to the Executive Office of the Governor, the
  800  Cabinet, the President of the Senate, and the Speaker of the
  801  House of Representatives within 5 working days after that date
  802  which explains the specific issues preventing execution and
  803  describes its plan and schedule for resolving those issues.
  804         (b) On the date of each consolidation specified in general
  805  law or the General Appropriations Act, each state agency shall
  806  retain the least-privileged administrative access rights
  807  necessary to perform the duties not assigned to the primary data
  808  centers.
  809         (4) SCHEDULE FOR CONSOLIDATIONS OF STATE AGENCY DATA
  810  CENTERS.—Consolidations of state agency data centers are
  811  suspended for the 2012-2013 fiscal year. Consolidations shall
  812  resume during the 2013-2014 fiscal year based upon a revised
  813  schedule developed by the agency. State agency data centers and
  814  computing facilities shall be consolidated into the agency by
  815  June 30, 2018.
  816         Section 9. Section 282.203, Florida Statutes, is amended to
  817  read:
  818         (Substantial rewording of section. See
  819         s. 282.203, Florida Statutes, for current text.)
  820         282.203 Primary data centers; duties.—
  821         (1) Each primary data center shall:
  822         (a) Serve participating state agencies as an information
  823  system utility.
  824         (b) Cooperate with participating state agencies to offer,
  825  develop, and support the services and applications.
  826         (c) Comply with rules adopted by the Agency for State
  827  Technology, pursuant to this section, and coordinate with the
  828  agency in the consolidation of data centers.
  829         (d) Provide transparent financial statements to
  830  participating state agencies.
  831         (e) Assume the least-privileged administrative access
  832  rights necessary to perform the services provided by the data
  833  center for the software and equipment that is consolidated into
  834  a primary data center.
  835         (2) Each primary data center shall enter into a memorandum
  836  of understanding with each participating state agency to provide
  837  services. A memorandum of understanding may not have a term
  838  exceeding 3 years but may include an option to renew for up to 3
  839  years. Failure to execute a memorandum within 60 days after
  840  service commencement shall, in the case of a participating state
  841  agency, result in the continuation of the terms of the
  842  memorandum of understanding from the previous fiscal year,
  843  including any amendments that were formally proposed to the
  844  state agency by the primary data center within the 3 months
  845  before service commencement, and a revised cost-of-service
  846  estimate. If a participating state agency fails to execute a
  847  memorandum of understanding within 60 days after service
  848  commencement, the data center may cease providing services.
  849         Section 10. Effective December 31, 2013, section 282.204,
  850  Florida Statutes, is repealed.
  851         Section 11. Effective December 31, 2013, section 282.205,
  852  Florida Statutes, is repealed.
  853         Section 12. Section 282.33, Florida Statutes, is repealed.
  854         Section 13. Section 282.206, Florida Statutes, is created
  855  to read:
  856         282.206 Fletcher Shared Resource Center.—The Fletcher
  857  Shared Resource Center is established as a state agency within
  858  the Department of Financial Services.
  859         (1) The center shall collaborate with the Agency for State
  860  Technology to develop policies, procedures, standards, and rules
  861  for the delivery of enterprise information technology services.
  862         (2) The center may comply with the policies and rules of
  863  the Agency for State Technology related to the design and
  864  delivery of enterprise information technology services.
  865         (3) The center shall provide collocation services to the
  866  Department of Legal Affairs and the Department of Agriculture
  867  and Consumer Services.
  868         (4) The Department of Financial Services shall continue to
  869  use the Fletcher Shared Resource Center, provide full service to
  870  the Office of Financial Regulation and the Office of Insurance
  871  Regulation, and host the Legislative Appropriations
  872  System/Planning and Budgeting Subsystem (LAS/PBS).
  873         (5) The center shall be governed through a master
  874  memorandum of understanding and complemented by a steering
  875  committee comprised of the chief information officers of the
  876  Department of Legal Affairs, the Department of Agriculture and
  877  Consumer Services, and the Department of Financial Services. The
  878  steering committee shall meet quarterly to ensure that customers
  879  are receiving expected services in accordance with the
  880  memorandum of understanding and to discuss services and
  881  structure. The committee may create ad hoc workgroups to account
  882  for, mitigate, and manage any unforeseen issues.
  883         (6) The Department of Legal Affairs shall move its data
  884  center equipment to the center by June 30, 2014.
  885         (7) The Department of Agriculture and Consumer Services
  886  shall move its Mayo Building data center equipment to the center
  887  by June 30, 2014.
  888         Section 14. Section 282.33, Florida Statutes, is repealed.
  889         Section 15. Section 282.34, Florida Statutes, is amended to
  890  read:
  891         282.34 Statewide e-mail service.—A statewide e-mail service
  892  that includes the delivery and support of e-mail, messaging, and
  893  calendaring capabilities is established as an enterprise
  894  information technology service as defined in s. 282.0041. The
  895  service shall be provisioned designed to meet the needs of all
  896  executive branch agencies and may also be used by other public
  897  sector nonstate agency entities. The primary goals of the
  898  service are to leverage the state’s existing investment in e
  899  mail; provide a reliable collaborative communication service to
  900  state agencies; minimize the state investment required to
  901  establish, operate, and support the statewide service; reduce
  902  the cost of current e-mail operations and the number of
  903  duplicative e-mail systems; and eliminate the need for each
  904  state agency to maintain its own e-mail staff.
  905         (1) The Agency for State Technology shall reevaluate the
  906  current contract for enterprise e-mail services to ensure it
  907  meets the primary goals of the service.
  908         (2) Except as specified in subsection (3), all state
  909  agencies shall receive their primary e-mail services exclusively
  910  through the Agency for State Technology.
  911         (3) The Department of Agriculture and Consumer Services,
  912  the Department of Financial Services, the Office of Financial
  913  Regulation, and the Office of Insurance Regulation may receive
  914  e-mail services from the Fletcher Shared Resource Center or the
  915  Agency for State Technology.
  916         (1) The Southwood Shared Resource Center, a primary data
  917  center, shall be the provider of the statewide e-mail service
  918  for all state agencies. The center shall centrally host, manage,
  919  operate, and support the service, or outsource the hosting,
  920  management, operational, or support components of the service in
  921  order to achieve the primary goals identified in this section.
  922         (2) The Agency for Enterprise Information Technology, in
  923  cooperation and consultation with all state agencies, shall
  924  prepare and submit for approval by the Legislative Budget
  925  Commission at a meeting scheduled before June 30, 2011, a
  926  proposed plan for the migration of all state agencies to the
  927  statewide e-mail service. The plan for migration must include:
  928         (a) A cost-benefit analysis that compares the total
  929  recurring and nonrecurring operating costs of the current agency
  930  e-mail systems, including monthly mailbox costs, staffing,
  931  licensing and maintenance costs, hardware, and other related e
  932  mail product and service costs to the costs associated with the
  933  proposed statewide e-mail service. The analysis must also
  934  include:
  935         1. A comparison of the estimated total 7-year life-cycle
  936  cost of the current agency e-mail systems versus the feasibility
  937  of funding the migration and operation of the statewide e-mail
  938  service.
  939         2. An estimate of recurring costs associated with the
  940  energy consumption of current agency e-mail equipment, and the
  941  basis for the estimate.
  942         3. An identification of the overall cost savings resulting
  943  from state agencies migrating to the statewide e-mail service
  944  and decommissioning their agency e-mail systems.
  945         (b) A proposed migration date for all state agencies to be
  946  migrated to the statewide e-mail service. The Agency for
  947  Enterprise Information Technology shall work with the Executive
  948  Office of the Governor to develop the schedule for migrating all
  949  state agencies to the statewide e-mail service except for the
  950  Department of Legal Affairs. The Department of Legal Affairs
  951  shall provide to the Agency for Enterprise Information
  952  Technology by June 1, 2011, a proposed migration date based upon
  953  its decision to participate in the statewide e-mail service and
  954  the identification of any issues that require resolution in
  955  order to migrate to the statewide e-mail service.
  956         (c) A budget amendment, submitted pursuant to chapter 216,
  957  for adjustments to each agency’s approved operating budget
  958  necessary to transfer sufficient budget resources into the
  959  appropriate data processing category to support its statewide e
  960  mail service costs.
  961         (d) A budget amendment, submitted pursuant to chapter 216,
  962  for adjustments to the Southwood Shared Resource Center approved
  963  operating budget to include adjustments in the number of
  964  authorized positions, salary budget and associated rate,
  965  necessary to implement the statewide e-mail service.
  966         (3) Contingent upon approval by the Legislative Budget
  967  Commission, the Southwood Shared Resource Center may contract
  968  for the provision of a statewide e-mail service. Executive
  969  branch agencies must be completely migrated to the statewide e
  970  mail service based upon the migration date included in the
  971  proposed plan approved by the Legislative Budget Commission.
  972         (4) Notwithstanding chapter 216, general revenue funds may
  973  be increased or decreased for each agency provided the net
  974  change to general revenue in total for all agencies is zero or
  975  less.
  976         (5) Subsequent to the approval of the consolidated budget
  977  amendment to reflect budget adjustments necessary to migrate to
  978  the statewide e-mail service, an agency may make adjustments
  979  subject to s. 216.177, notwithstanding provisions in chapter 216
  980  which may require such adjustments to be approved by the
  981  Legislative Budget Commission.
  982         (6) No agency may initiate a new e-mail service or execute
  983  a new e-mail contract or amend a current e-mail contract, other
  984  than with the Southwood Shared Resource Center, for nonessential
  985  products or services unless the Legislative Budget Commission
  986  denies approval for the Southwood Shared Resource Center to
  987  enter into a contract for the statewide e-mail service.
  988         (7) The Agency for Enterprise Information Technology shall
  989  work with the Southwood Shared Resource Center to develop an
  990  implementation plan that identifies and describes the detailed
  991  processes and timelines for an agency’s migration to the
  992  statewide e-mail service based on the migration date approved by
  993  the Legislative Budget Commission. The agency may establish and
  994  coordinate workgroups consisting of agency e-mail management,
  995  information technology, budget, and administrative staff to
  996  assist the agency in the development of the plan.
  997         (8) Each executive branch agency shall provide all
  998  information necessary to develop the implementation plan,
  999  including, but not limited to, required mailbox features and the
 1000  number of mailboxes that will require migration services. Each
 1001  agency must also identify any known business, operational, or
 1002  technical plans, limitations, or constraints that should be
 1003  considered when developing the plan.
 1004         Section 16. Section 282.702, Florida Statutes, is amended
 1005  to read:
 1006         282.702 Powers and duties.—The Agency for State Technology
 1007  Department of Management Services shall have the following
 1008  powers, duties, and functions:
 1009         (1) To publish electronically the portfolio of services
 1010  available from the agency department, including pricing
 1011  information; the policies and procedures governing usage of
 1012  available services; and a forecast of the agency’s department’s
 1013  priorities for each telecommunications service.
 1014         (2) To adopt technical standards by rule for the state
 1015  telecommunications network which ensure the interconnection and
 1016  operational security of computer networks, telecommunications,
 1017  and information systems of agencies.
 1018         (3) To enter into agreements related to information
 1019  technology and telecommunications services with state agencies
 1020  and political subdivisions of the state.
 1021         (4) To purchase from or contract with information
 1022  technology providers for information technology, including
 1023  private line services.
 1024         (5) To apply for, receive, and hold authorizations,
 1025  patents, copyrights, trademarks, service marks, licenses, and
 1026  allocations or channels and frequencies to carry out the
 1027  purposes of this part.
 1028         (6) To purchase, lease, or otherwise acquire and to hold,
 1029  sell, transfer, license, or otherwise dispose of real, personal,
 1030  and intellectual property, including, but not limited to,
 1031  patents, trademarks, copyrights, and service marks.
 1032         (7) To cooperate with any federal, state, or local
 1033  emergency management agency in providing for emergency
 1034  telecommunications services.
 1035         (8) To control and approve the purchase, lease, or
 1036  acquisition and the use of telecommunications services,
 1037  software, circuits, and equipment provided as part of any other
 1038  total telecommunications system to be used by the state or its
 1039  agencies.
 1040         (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
 1041  relating to telecommunications and to administer the provisions
 1042  of this part.
 1043         (10) To apply for and accept federal funds for the purposes
 1044  of this part as well as gifts and donations from individuals,
 1045  foundations, and private organizations.
 1046         (11) To monitor issues relating to telecommunications
 1047  facilities and services before the Florida Public Service
 1048  Commission and the Federal Communications Commission and, if
 1049  necessary, prepare position papers, prepare testimony, appear as
 1050  a witness, and retain witnesses on behalf of state agencies in
 1051  proceedings before the commissions.
 1052         (12) Unless delegated to the state agencies by the agency
 1053  department, to manage and control, but not intercept or
 1054  interpret, telecommunications within the SUNCOM Network by:
 1055         (a) Establishing technical standards to physically
 1056  interface with the SUNCOM Network.
 1057         (b) Specifying how telecommunications are transmitted
 1058  within the SUNCOM Network.
 1059         (c) Controlling the routing of telecommunications within
 1060  the SUNCOM Network.
 1061         (d) Establishing standards, policies, and procedures for
 1062  access to and the security of the SUNCOM Network.
 1063         (e) Ensuring orderly and reliable telecommunications
 1064  services in accordance with the service level agreements
 1065  executed with state agencies.
 1066         (13) To plan, design, and conduct experiments for
 1067  telecommunications services, equipment, and technologies, and to
 1068  implement enhancements in the state telecommunications network
 1069  if in the public interest and cost-effective. Funding for such
 1070  experiments must be derived from SUNCOM Network service revenues
 1071  and may not exceed 2 percent of the annual budget for the SUNCOM
 1072  Network for any fiscal year or as provided in the General
 1073  Appropriations Act. New services offered as a result of this
 1074  subsection may not affect existing rates for facilities or
 1075  services.
 1076         (14) To enter into contracts or agreements, with or without
 1077  competitive bidding or procurement, to make available, on a
 1078  fair, reasonable, and nondiscriminatory basis, property and
 1079  other structures under agency departmental control for the
 1080  placement of new facilities by any wireless provider of mobile
 1081  service as defined in 47 U.S.C. s. 153(27) or s. 332(d) and any
 1082  telecommunications company as defined in s. 364.02 if it is
 1083  practical and feasible to make such property or other structures
 1084  available. The agency department may, without adopting a rule,
 1085  charge a just, reasonable, and nondiscriminatory fee for the
 1086  placement of the facilities, payable annually, based on the fair
 1087  market value of space used by comparable telecommunications
 1088  facilities in the state. The agency department and a wireless
 1089  provider or telecommunications company may negotiate the
 1090  reduction or elimination of a fee in consideration of services
 1091  provided to the agency department by the wireless provider or
 1092  telecommunications company. All such fees collected by the
 1093  agency department shall be deposited directly into the Law
 1094  Enforcement Radio Operating Trust Fund, and may be used by the
 1095  agency department to construct, maintain, or support the system.
 1096         (15) Establish policies that ensure that the agency’s
 1097  department’s cost-recovery methodologies, billings, receivables,
 1098  expenditures, budgeting, and accounting data are captured and
 1099  reported timely, consistently, accurately, and transparently and
 1100  are in compliance with all applicable federal and state laws and
 1101  rules. The agency department shall annually submit to the
 1102  Governor, the President of the Senate, and the Speaker of the
 1103  House of Representatives a report that describes each service
 1104  and its cost, the billing methodology for recovering the cost of
 1105  the service, and, if applicable, the identity of those services
 1106  that are subsidized.
 1107         (16) Develop a plan for statewide voice-over-Internet
 1108  protocol services. The plan shall include cost estimates and the
 1109  estimated return on investment. The plan shall be submitted to
 1110  the Governor, the Cabinet, the President of the Senate, and the
 1111  Speaker of the House of Representatives by June 30, 2013.
 1112         Section 17. Section 364.0135, Florida Statutes, is amended
 1113  to read:
 1114         364.0135 Promotion of broadband adoption.—
 1115         (1) The Legislature finds that the sustainable adoption of
 1116  broadband Internet service is critical to the economic and
 1117  business development of the state and is beneficial for
 1118  libraries, schools, colleges and universities, health care
 1119  providers, and community organizations. The term “sustainable
 1120  adoption” means the ability for communications service providers
 1121  to offer broadband services in all areas of the state by
 1122  encouraging adoption and utilization levels that allow for these
 1123  services to be offered in the free market absent the need for
 1124  governmental subsidy.
 1125         (2) As the provider of the state and local government
 1126  networks in accordance with part III of chapter 282, the Agency
 1127  for State Technology shall use its expertise in broadband
 1128  technologies, and associations with the telecommunications
 1129  industry to foster the goals described in subsection (1).
 1130         (3)(2) The Agency for State Technology may Department of
 1131  Management Services is authorized to work collaboratively with,
 1132  and to receive staffing support and other resources from,
 1133  Enterprise Florida, Inc., state agencies, local governments,
 1134  private businesses, and community organizations to:
 1135         (a) Monitor the adoption of broadband Internet service in
 1136  collaboration with communications service providers, including,
 1137  but not limited to, wireless and wireline Internet service
 1138  providers, to develop geographical information system maps at
 1139  the census tract level that will:
 1140         1. Identify geographic gaps in broadband services,
 1141  including areas unserved by any broadband provider and areas
 1142  served by a single broadband provider;
 1143         2. Identify the download and upload transmission speeds
 1144  made available to businesses and individuals in the state, at
 1145  the census tract level of detail, using data rate benchmarks for
 1146  broadband service used by the Federal Communications Commission
 1147  to reflect different speed tiers; and
 1148         3. Provide a baseline assessment of statewide broadband
 1149  deployment in terms of percentage of households with broadband
 1150  availability.
 1151         (b) Assist other public and private entities with planning,
 1152  obtaining resources, and initiating projects to achieve the
 1153  goals described in subsection (1). This assistance shall be
 1154  directed to the entities with the most suitable expertise,
 1155  resources, and capabilities to contribute to these goals and
 1156  cultivate collaboration among such entities to achieve a more
 1157  comprehensive strategic approach.
 1158         (c)(b) Create a strategic plan that has goals and
 1159  strategies for increasing the use of broadband Internet service
 1160  in the state.
 1161         (d)(c) Build and facilitate local technology planning teams
 1162  or partnerships with members representing cross-sections of the
 1163  community, which may include, but are not limited to,
 1164  representatives from the following organizations and industries:
 1165  libraries, K-12 education, colleges and universities, local
 1166  health care providers, private businesses, community
 1167  organizations, economic development organizations, local
 1168  governments, tourism, parks and recreation, and agriculture.
 1169         (e)(d) Encourage the use of broadband Internet service,
 1170  especially in the rural, unserved, and underserved communities
 1171  of the state through grant programs having effective strategies
 1172  to facilitate the statewide deployment of broadband Internet
 1173  service. For any grants to be awarded, priority must be given to
 1174  projects that:
 1175         1. Provide access to broadband education, awareness,
 1176  training, access, equipment, and support to libraries, schools,
 1177  colleges and universities, health care providers, and community
 1178  support organizations.
 1179         2. Encourage the sustainable adoption of broadband in
 1180  primarily unserved areas by removing barriers to entry.
 1181         3. Work toward encouraging investments in establishing
 1182  affordable and sustainable broadband Internet service in
 1183  unserved areas of the state.
 1184         4. Facilitate the development of applications, programs,
 1185  and services, including, but not limited to, telework,
 1186  telemedicine, and e-learning to increase the usage of, and
 1187  demand for, broadband Internet service in the state.
 1188         (4)(3) The Agency for State Technology department may apply
 1189  for and accept federal funds for purposes of this section, as
 1190  well as gifts and donations from individuals, foundations, and
 1191  private organizations.
 1192         (5)(4) The Agency for State Technology department may:
 1193         (a) Enter into contracts necessary or useful to carry out
 1194  the purposes of this section.
 1195         (b)(5)The department may Establish any committee or
 1196  workgroup to administer and carry out the purposes of this
 1197  section.
 1198         (c)(6)The department may Adopt rules necessary to carry
 1199  out the purposes of this section. Any rule, contract, grant, or
 1200  other activity undertaken by the agency must department shall
 1201  ensure that all entities are in compliance with any applicable
 1202  federal or state laws, rules, and regulations, including, but
 1203  not limited to, those applicable to private entities providing
 1204  communications services for hire and the requirements of s.
 1205  350.81.
 1206         Section 18. Subsection (2) of section 20.22, Florida
 1207  Statutes, is amended to read:
 1208         20.22 Department of Management Services.—There is created a
 1209  Department of Management Services.
 1210         (2) The following divisions and programs are established
 1211  within the Department of Management Services are established:
 1212         (a) Facilities Program.
 1213         (b) Technology Program.
 1214         (b)(c) Workforce Program.
 1215         (c)(d)1. Support Program.
 1216         2. Federal Property Assistance Program.
 1217         (d)(e) Administration Program.
 1218         (e)(f) Division of Administrative Hearings.
 1219         (f)(g) Division of Retirement.
 1220         (g)(h) Division of State Group Insurance.
 1221         Section 19. Paragraph (e) of subsection (2) of section
 1222  110.205, Florida Statutes, is amended to read:
 1223         110.205 Career service; exemptions.—
 1224         (2) EXEMPT POSITIONS.—The exempt positions that are not
 1225  covered by this part include the following:
 1226         (e) The executive director of Chief Information Officer in
 1227  the Agency for State Enterprise Information Technology. Unless
 1228  otherwise fixed by law, the Governor and Cabinet Agency for
 1229  Enterprise Information Technology shall set the salary and
 1230  benefits of this position in accordance with the rules of the
 1231  Senior Management Service.
 1232         Section 20. Paragraph (o) of subsection (1) of section
 1233  215.22, Florida Statutes, is amended to read:
 1234         215.22 Certain income and certain trust funds exempt.—
 1235         (1) The following income of a revenue nature or the
 1236  following trust funds shall be exempt from the appropriation
 1237  required by s. 215.20(1):
 1238         (o) The Communications Working Capital Trust Fund of the
 1239  Agency for State Technology Department of Management Services.
 1240         Section 21. Subsections (2) and (9) of section 215.322,
 1241  Florida Statutes, are amended to read:
 1242         215.322 Acceptance of credit cards, charge cards, debit
 1243  cards, or electronic funds transfers by state agencies, units of
 1244  local government, and the judicial branch.—
 1245         (2) A state agency as defined in s. 216.011, or the
 1246  judicial branch, may accept credit cards, charge cards, debit
 1247  cards, or electronic funds transfers in payment for goods and
 1248  services with the prior approval of the Chief Financial Officer.
 1249  If the Internet or other related electronic methods are to be
 1250  used as the collection medium, the Agency for State Enterprise
 1251  Information Technology shall review and recommend to the Chief
 1252  Financial Officer whether to approve the request with regard to
 1253  the process or procedure to be used.
 1254         (9) For payment programs in which credit cards, charge
 1255  cards, or debit cards are accepted by state agencies, the
 1256  judicial branch, or units of local government, the Chief
 1257  Financial Officer, in consultation with the Agency for State
 1258  Enterprise Information Technology, may adopt rules to establish
 1259  uniform security safeguards for cardholder data and to ensure
 1260  compliance with the Payment Card Industry Data Security
 1261  Standards.
 1262         Section 22. Paragraph (c) of subsection (6) of section
 1263  216.292, Florida Statutes, is amended to read:
 1264         216.292 Appropriations nontransferable; exceptions.—
 1265         (6) The Chief Financial Officer shall transfer from any
 1266  available funds of an agency or the judicial branch the
 1267  following amounts and shall report all such transfers and the
 1268  reasons therefor to the legislative appropriations committees
 1269  and the Executive Office of the Governor:
 1270         (c) The amount due to the Communications Working Capital
 1271  Trust Fund from moneys appropriated in the General
 1272  Appropriations Act for the purpose of paying for services
 1273  provided by the state communications system in the Agency for
 1274  State Technology Department of Management Services which is
 1275  unpaid 45 days after the billing date. The amount transferred
 1276  shall be that billed by the department.
 1277         Section 23. Subsections (3), (4), (5), and (6) of section
 1278  282.318, Florida Statutes, are amended to read:
 1279         282.318 Enterprise security of data and information
 1280  technology.—
 1281         (3) The Agency for State Enterprise Information Technology
 1282  is responsible for establishing rules and publishing guidelines
 1283  for ensuring an appropriate level of security for all data and
 1284  information technology resources for executive branch agencies.
 1285  The agency shall also perform the following duties and
 1286  responsibilities:
 1287         (a) Develop, and annually update by February 1, an
 1288  enterprise information security strategic plan that includes
 1289  security goals and objectives for the strategic issues of
 1290  information security policy, risk management, training, incident
 1291  management, and survivability planning.
 1292         (b) Develop enterprise security rules and published
 1293  guidelines for:
 1294         1. Comprehensive risk analyses and information security
 1295  audits conducted by state agencies.
 1296         2. Responding to suspected or confirmed information
 1297  security incidents, including suspected or confirmed breaches of
 1298  personal information or exempt data.
 1299         3. Agency security plans, including strategic security
 1300  plans and security program plans.
 1301         4. The recovery of information technology and data
 1302  following a disaster.
 1303         5. The managerial, operational, and technical safeguards
 1304  for protecting state government data and information technology
 1305  resources.
 1306         (c) Assist agencies in complying with the provisions of
 1307  this section.
 1308         (d) Pursue appropriate funding for the purpose of enhancing
 1309  domestic security.
 1310         (e) Provide training for agency information security
 1311  managers.
 1312         (f) Annually review the strategic and operational
 1313  information security plans of executive branch agencies.
 1314         (4) To assist the Agency for State Enterprise Information
 1315  Technology in carrying out its responsibilities, each state
 1316  agency head shall, at a minimum:
 1317         (a) Designate an information security manager to administer
 1318  the security program of the state agency for its data and
 1319  information technology resources. This designation must be
 1320  provided annually in writing to the Agency for State Enterprise
 1321  Information Technology by January 1.
 1322         (b) Annually submit to the Agency for State Enterprise
 1323  Information Technology annually by July 31, the state agency’s
 1324  comprehensive strategic and operational information security
 1325  plans developed pursuant to the rules and guidelines established
 1326  by the Agency for State Enterprise Information Technology.
 1327         1. The state agency comprehensive strategic information
 1328  security plan must cover a 3-year period and define security
 1329  goals, intermediate objectives, and projected agency costs for
 1330  the strategic issues of agency information security policy, risk
 1331  management, security training, security incident response, and
 1332  survivability. The plan must be based on the enterprise
 1333  strategic information security plan created by the Agency for
 1334  State Enterprise Information Technology. Additional issues may
 1335  be included.
 1336         2. The state agency operational information security plan
 1337  must include a progress report for the prior operational
 1338  information security plan and a project plan that includes
 1339  activities, timelines, and deliverables for security objectives
 1340  that, subject to current resources, the state agency will
 1341  implement during the current fiscal year. The cost of
 1342  implementing the portions of the plan which cannot be funded
 1343  from current resources must be identified in the plan.
 1344         (c) Conduct, and update every 3 years, a comprehensive risk
 1345  analysis to determine the security threats to the data,
 1346  information, and information technology resources of the state
 1347  agency. The risk analysis information is confidential and exempt
 1348  from the provisions of s. 119.07(1), except that such
 1349  information shall be available to the Auditor General and the
 1350  Agency for State Enterprise Information Technology for
 1351  performing postauditing duties.
 1352         (d) Develop, and periodically update, written internal
 1353  policies and procedures that, which include procedures for
 1354  notifying the Agency for State Enterprise Information Technology
 1355  when a suspected or confirmed breach, or an information security
 1356  incident, occurs. Such policies and procedures must be
 1357  consistent with the rules and guidelines established by the
 1358  Agency for State Enterprise Information Technology to ensure the
 1359  security of the data, information, and information technology
 1360  resources of the state agency. The internal policies and
 1361  procedures that, if disclosed, could facilitate the unauthorized
 1362  modification, disclosure, or destruction of data or information
 1363  technology resources are confidential information and exempt
 1364  from s. 119.07(1), except that such information shall be
 1365  available to the Auditor General and the Agency for State
 1366  Enterprise Information Technology for performing postauditing
 1367  duties.
 1368         (e) Implement appropriate cost-effective safeguards to
 1369  address identified risks to the data, information, and
 1370  information technology resources of the state agency.
 1371         (f) Ensure that periodic internal audits and evaluations of
 1372  the state agency’s security program for the data, information,
 1373  and information technology resources of the state agency are
 1374  conducted. The results of such audits and evaluations are
 1375  confidential information and exempt from s. 119.07(1), except
 1376  that such information shall be available to the Auditor General
 1377  and the Agency for State Enterprise Information Technology for
 1378  performing postauditing duties.
 1379         (g) Include appropriate security requirements in the
 1380  written specifications for the solicitation of information
 1381  technology and information technology resources and services,
 1382  which are consistent with the rules and guidelines established
 1383  by the Agency for State Enterprise Information Technology.
 1384         (h) Provide security awareness training to employees and
 1385  users of the state agency’s communication and information
 1386  resources concerning information security risks and the
 1387  responsibility of employees and users to comply with policies,
 1388  standards, guidelines, and operating procedures adopted by the
 1389  state agency to reduce those risks.
 1390         (i) Develop a process for detecting, reporting, and
 1391  responding to suspected or confirmed security incidents,
 1392  including suspected or confirmed breaches consistent with the
 1393  security rules and guidelines established by the Agency for
 1394  State Enterprise Information Technology.
 1395         1. Suspected or confirmed information security incidents
 1396  and breaches must be immediately reported to the Agency for
 1397  State Enterprise Information Technology.
 1398         2. For incidents involving breaches, agencies shall provide
 1399  notice in accordance with s. 817.5681 and to the Agency for
 1400  State Enterprise Information Technology in accordance with this
 1401  subsection.
 1402         (5) Each state agency shall include appropriate security
 1403  requirements in the specifications for the solicitation of
 1404  contracts for procuring information technology or information
 1405  technology resources or services which are consistent with the
 1406  rules and guidelines established by the Agency for State
 1407  Enterprise Information Technology.
 1408         (6) The Agency for State Enterprise Information Technology
 1409  may adopt rules relating to information security and to
 1410  administer the provisions of this section.
 1411         Section 24. Section 282.604, Florida Statutes, is amended
 1412  to read:
 1413         282.604 Adoption of rules.—The Agency for State Technology
 1414  Department of Management Services shall, with input from
 1415  stakeholders, adopt rules pursuant to ss. 120.536(1) and 120.54
 1416  for the development, procurement, maintenance, and use of
 1417  accessible electronic information technology by governmental
 1418  units.
 1419         Section 25. Section 282.703, Florida Statutes, is amended
 1420  to read:
 1421         282.703 SUNCOM Network; exemptions from the required use.—
 1422         (1) The SUNCOM Network is established within the Agency for
 1423  State Technology department as the state enterprise
 1424  telecommunications system for providing local and long-distance
 1425  communications services to state agencies, political
 1426  subdivisions of the state, municipalities, and nonprofit
 1427  corporations pursuant to this part. The SUNCOM Network shall be
 1428  developed to transmit all types of telecommunications signals,
 1429  including, but not limited to, voice, data, video, image, and
 1430  radio. State agencies shall cooperate and assist in the
 1431  development and joint use of telecommunications systems and
 1432  services.
 1433         (2) The Agency for State Technology department shall
 1434  design, engineer, implement, manage, and operate through state
 1435  ownership, commercial leasing, contracted services, or some
 1436  combination thereof, the facilities, equipment, and contracts
 1437  providing SUNCOM Network services, and shall develop a system of
 1438  equitable billings and charges for telecommunications services.
 1439         (3) The Agency for State Technology department shall own,
 1440  manage, and establish standards for the telecommunications
 1441  addressing and numbering plans for the SUNCOM Network. This
 1442  includes distributing or revoking numbers and addresses to
 1443  authorized users of the network and delegating or revoking the
 1444  delegation of management of subsidiary groups of numbers and
 1445  addresses to authorized users of the network.
 1446         (4) The Agency for State Technology department shall
 1447  maintain a directory of information and services which provides
 1448  the names, phone numbers, and e-mail addresses for employees,
 1449  state agencies, and network devices that are served, in whole or
 1450  in part, by the SUNCOM Network. State agencies and political
 1451  subdivisions of the state shall cooperate with the Agency for
 1452  State Technology department by providing timely and accurate
 1453  directory information in the manner established by the Agency
 1454  for State Technology department.
 1455         (5) All state agencies shall use the SUNCOM Network for
 1456  state agency telecommunications services as the services become
 1457  available; however, a state an agency is not relieved of
 1458  responsibility for maintaining telecommunications services
 1459  necessary for effective management of its programs and
 1460  functions. The Agency for State Technology department may
 1461  provide such communications services to a state university if
 1462  requested by the university.
 1463         (a) If a SUNCOM Network service does not meet the
 1464  telecommunications requirements of a state an agency, the state
 1465  agency must notify the Agency for State Technology department in
 1466  writing and detail the requirements for that service. If the
 1467  agency department is unable to meet a state an agency’s
 1468  requirements by enhancing SUNCOM Network service, the Agency for
 1469  State Technology department may grant the state agency an
 1470  exemption from the required use of specified SUNCOM Network
 1471  services.
 1472         (b) Unless an exemption has been granted by the agency
 1473  department, effective October 1, 2010, all customers of a state
 1474  primary data center, excluding state universities, must use the
 1475  shared SUNCOM Network telecommunications services connecting the
 1476  state primary data center to SUNCOM services for all
 1477  telecommunications needs in accordance with agency department
 1478  rules.
 1479         1. Upon discovering discovery of customer noncompliance
 1480  with this paragraph, the agency department shall provide the
 1481  affected customer with a schedule for transferring to the shared
 1482  telecommunications services provided by the SUNCOM Network and
 1483  an estimate of all associated costs. The state primary data
 1484  centers and their customers shall cooperate with the agency
 1485  department to accomplish the transfer.
 1486         2. Customers may request an exemption from this paragraph
 1487  in the same manner as authorized in paragraph (a).
 1488         (6) This section does may not be construed to require a
 1489  state university to use SUNCOM Network communication services.
 1490         Section 26. Section 282.704, Florida Statutes, is amended
 1491  to read:
 1492         282.704 Use of state SUNCOM Network by municipalities.—A
 1493  Any municipality may request the Agency for State Technology
 1494  department to provide any or all of the SUNCOM Network’s
 1495  portfolio of communications services upon such terms and
 1496  conditions as the agency department may establish. The
 1497  requesting municipality shall pay its share of installation and
 1498  recurring costs according to the published rates for SUNCOM
 1499  Network services and as invoiced by the agency department. Such
 1500  municipality shall also pay for any requested modifications to
 1501  existing SUNCOM Network services, if any charges apply.
 1502         Section 27. Section 282.705, Florida Statutes, is amended
 1503  to read:
 1504         282.705 Use of state SUNCOM Network by nonprofit
 1505  corporations.—
 1506         (1) The Agency for State Technology department shall
 1507  provide a means whereby private nonprofit corporations under
 1508  contract with state agencies or political subdivisions of the
 1509  state may use the state SUNCOM Network, subject to the
 1510  limitations in this section. In order to qualify to use the
 1511  state SUNCOM Network, a nonprofit corporation shall:
 1512         (a) Expend the majority of its total direct revenues for
 1513  the provision of contractual services to the state, a
 1514  municipality, or a political subdivision; and
 1515         (b) Receive only a small portion of its total revenues from
 1516  any source other than a state agency, a municipality, or a
 1517  political subdivision during the time SUNCOM Network services
 1518  are requested.
 1519         (2) Each nonprofit corporation seeking authorization to use
 1520  the state SUNCOM Network shall, upon request, provide to the
 1521  agency department, upon request, proof of compliance with
 1522  subsection (1).
 1523         (3) Nonprofit corporations established pursuant to general
 1524  law and an association of municipal governments which is wholly
 1525  owned by the municipalities are eligible to use the state SUNCOM
 1526  Network, subject to the terms and conditions of the agency
 1527  department.
 1528         (4) Institutions qualified to participate in the William L.
 1529  Boyd, IV, Florida Resident Access Grant Program pursuant to s.
 1530  1009.89 are eligible to use the state SUNCOM Network, subject to
 1531  the terms and conditions of the agency department. Such entities
 1532  are not required to satisfy the other criteria of this section.
 1533         (5) Private, nonprofit elementary and secondary schools are
 1534  eligible for rates and services on the same basis as public
 1535  schools if such schools do not have an endowment in excess of
 1536  $50 million.
 1537         Section 28. Section 282.706, Florida Statutes, is amended
 1538  to read:
 1539         282.706 Use of SUNCOM Network by libraries.—The Agency for
 1540  State Technology department may provide SUNCOM Network services
 1541  to any library in the state, including libraries in public
 1542  schools, community colleges, state universities, and nonprofit
 1543  private postsecondary educational institutions, and libraries
 1544  owned and operated by municipalities and political subdivisions.
 1545  This section does may not be construed to require a state
 1546  university library to use SUNCOM Network services.
 1547         Section 29. Section 282.707, Florida Statutes, is amended
 1548  to read:
 1549         282.707 SUNCOM Network; criteria for usage.—
 1550         (1) The Agency for State Technology department and
 1551  customers served by the agency department shall periodically
 1552  review the qualifications of subscribers using the state SUNCOM
 1553  Network and terminate services provided to a facility not
 1554  qualified under this part or rules adopted hereunder. In the
 1555  event of nonpayment of invoices by subscribers whose SUNCOM
 1556  Network invoices are paid from sources other than legislative
 1557  appropriations, such nonpayment represents good and sufficient
 1558  reason to terminate service.
 1559         (2) The Agency for State Technology department shall adopt
 1560  rules for implementing and operating the state SUNCOM Network,
 1561  which include procedures for withdrawing and restoring
 1562  authorization to use the state SUNCOM Network. Such rules must
 1563  shall provide a minimum of 30 days’ notice to affected parties
 1564  before terminating voice communications service.
 1565         (3) This section does not limit or restrict the ability of
 1566  the Florida Public Service Commission to set jurisdictional
 1567  tariffs of telecommunications companies.
 1568         Section 30. Section 282.709, Florida Statutes, is amended
 1569  to read:
 1570         282.709 State agency law enforcement radio system and
 1571  interoperability network.—
 1572         (1) The Agency for State Technology department may acquire
 1573  and administer a statewide radio communications system to serve
 1574  law enforcement units of state agencies, and to serve local law
 1575  enforcement agencies through mutual aid channels.
 1576         (a) The agency department shall, in conjunction with the
 1577  Department of Law Enforcement and the Division of Emergency
 1578  Management, shall establish policies, procedures, and standards
 1579  to be incorporated into a comprehensive management plan for the
 1580  use and operation of the statewide radio communications system.
 1581         (b) The agency department shall bear the overall
 1582  responsibility for the design, engineering, acquisition, and
 1583  implementation of the statewide radio communications system and
 1584  for ensuring the proper operation and maintenance of all common
 1585  system equipment.
 1586         (c)1. The agency department may rent or lease space on any
 1587  tower under its control and refuse to lease space on any tower
 1588  at any site.
 1589         2. The agency department may rent, lease, or sublease
 1590  ground space as necessary to locate equipment to support
 1591  antennae on the towers. The costs for the use of such space
 1592  shall be established by the agency department for each site if
 1593  it is determined to be practicable and feasible to make space
 1594  available.
 1595         3. The agency department may rent, lease, or sublease
 1596  ground space on lands acquired by the agency department for the
 1597  construction of privately owned or publicly owned towers. The
 1598  agency department may, as a part of such rental, lease, or
 1599  sublease agreement, require space on such towers for antennae as
 1600  necessary for the construction and operation of the state agency
 1601  law enforcement radio system or any other state need.
 1602         4. All moneys collected by the agency department for rents,
 1603  leases, and subleases under this subsection shall be deposited
 1604  directly into the State Agency Law Enforcement Radio System
 1605  Trust Fund established in subsection (3) and may be used by the
 1606  agency department to construct, maintain, or support the system.
 1607         5. The positions necessary for the agency department to
 1608  accomplish its duties under this subsection shall be established
 1609  in the General Appropriations Act and funded by the Law
 1610  Enforcement Radio Operating Trust Fund or other revenue sources.
 1611         (d) The agency department shall exercise its powers and
 1612  duties under this part to plan, manage, and administer the
 1613  mutual aid channels in the statewide radio communication system.
 1614         1. In implementing such powers and duties, the agency
 1615  department shall consult and act in conjunction with the
 1616  Department of Law Enforcement and the Division of Emergency
 1617  Management, and shall manage and administer the mutual aid
 1618  channels in a manner that reasonably addresses the needs and
 1619  concerns of the involved law enforcement agencies and emergency
 1620  response agencies and entities.
 1621         2. The agency department may make the mutual aid channels
 1622  available to federal agencies, state agencies, and agencies of
 1623  the political subdivisions of the state for the purpose of
 1624  public safety and domestic security.
 1625         (e) The agency department may allow other state agencies to
 1626  use the statewide radio communications system under terms and
 1627  conditions established by the agency department.
 1628         (2) The Joint Task Force on State Agency Law Enforcement
 1629  Communications is created adjunct to the Agency for State
 1630  Technology department to advise the agency department of member
 1631  agency needs relating to the planning, designing, and
 1632  establishment of the statewide communication system.
 1633         (a) The Joint Task Force on State Agency Law Enforcement
 1634  Communications shall consist of eight members, as follows:
 1635         1. A representative of the Division of Alcoholic Beverages
 1636  and Tobacco of the Department of Business and Professional
 1637  Regulation who shall be appointed by the secretary of the
 1638  department.
 1639         2. A representative of the Division of Florida Highway
 1640  Patrol of the Department of Highway Safety and Motor Vehicles
 1641  who shall be appointed by the executive director of the
 1642  department.
 1643         3. A representative of the Department of Law Enforcement
 1644  who shall be appointed by the executive director of the
 1645  department.
 1646         4. A representative of the Fish and Wildlife Conservation
 1647  Commission who shall be appointed by the executive director of
 1648  the commission.
 1649         5. A representative of the Division of Law Enforcement of
 1650  the Department of Environmental Protection who shall be
 1651  appointed by the secretary of the department.
 1652         6. A representative of the Department of Corrections who
 1653  shall be appointed by the secretary of the department.
 1654         7. A representative of the Division of State Fire Marshal
 1655  of the Department of Financial Services who shall be appointed
 1656  by the State Fire Marshal.
 1657         8. A representative of the Department of Transportation who
 1658  shall be appointed by the secretary of the department.
 1659         (b) Each appointed member of the joint task force shall
 1660  serve at the pleasure of the appointing official. Any vacancy on
 1661  the joint task force shall be filled in the same manner as the
 1662  original appointment. A joint task force member may, upon
 1663  notification to the chair before the beginning of any scheduled
 1664  meeting, appoint an alternative to represent the member on the
 1665  task force and vote on task force business in his or her
 1666  absence.
 1667         (c) The joint task force shall elect a chair from among its
 1668  members to serve a 1-year term. A vacancy in the chair of the
 1669  joint task force must be filled for the remainder of the
 1670  unexpired term by an election of the joint task force members.
 1671         (d) The joint task force shall meet as necessary, but at
 1672  least quarterly, at the call of the chair and at the time and
 1673  place designated by him or her.
 1674         (e) The per diem and travel expenses incurred by a member
 1675  of the joint task force in attending its meetings and in
 1676  attending to its affairs shall be paid pursuant to s. 112.061,
 1677  from funds budgeted to the state agency that the member
 1678  represents.
 1679         (f) The agency department shall provide technical support
 1680  to the joint task force.
 1681         (3)(a) The State Agency Law Enforcement Radio System Trust
 1682  Fund is established in the Agency for State Technology
 1683  department and funded from surcharges collected under ss.
 1684  318.18, 320.0802, and 328.72. Upon appropriation, moneys in the
 1685  trust fund may be used by the agency department to acquire by
 1686  competitive procurement the equipment, software, and
 1687  engineering, administrative, and maintenance services it needs
 1688  to construct, operate, and maintain the statewide radio system.
 1689  Moneys in the trust fund from surcharges shall be used to help
 1690  fund the costs of the system. Upon completion of the system,
 1691  moneys in the trust fund may also be used by the agency
 1692  department for payment of the recurring maintenance costs of the
 1693  system.
 1694         (b) Funds from the State Agency Law Enforcement Radio
 1695  System Trust Fund may be used by the agency department to fund
 1696  mutual aid buildout maintenance and sustainment as appropriated
 1697  by law. This paragraph expires July 1, 2012.
 1698         (4) The Agency for State Technology department may create
 1699  and administer an interoperability network to enable
 1700  interoperability between various radio communications
 1701  technologies and to serve federal agencies, state agencies, and
 1702  agencies of political subdivisions of the state for the purpose
 1703  of public safety and domestic security.
 1704         (a) The agency department shall, in conjunction with the
 1705  Department of Law Enforcement and the Division of Emergency
 1706  Management, shall exercise its powers and duties pursuant to
 1707  this chapter to plan, manage, and administer the
 1708  interoperability network. The agency office may:
 1709         1. Enter into mutual aid agreements among federal agencies,
 1710  state agencies, and political subdivisions of the state for the
 1711  use of the interoperability network.
 1712         2. Establish the cost of maintenance and operation of the
 1713  interoperability network and charge subscribing federal and
 1714  local law enforcement agencies for access and use of the
 1715  network. The agency department may not charge state law
 1716  enforcement agencies identified in paragraph (2)(a) to use the
 1717  network.
 1718         3. In consultation with the Department of Law Enforcement
 1719  and the Division of Emergency Management, amend and enhance the
 1720  statewide radio communications system as necessary to implement
 1721  the interoperability network.
 1722         (b) The agency department, in consultation with the Joint
 1723  Task Force on State Agency Law Enforcement Communications, and
 1724  in conjunction with the Department of Law Enforcement and the
 1725  Division of Emergency Management, shall establish policies,
 1726  procedures, and standards to incorporate into a comprehensive
 1727  management plan for the use and operation of the
 1728  interoperability network.
 1729         Section 31. Section 282.7101, Florida Statutes, is amended
 1730  to read:
 1731         282.7101 Statewide system of regional law enforcement
 1732  communications.—
 1733         (1) It is the intent and purpose of the Legislature that a
 1734  statewide system of regional law enforcement communications be
 1735  developed whereby maximum efficiency in the use of existing
 1736  radio channels is achieved in order to deal more effectively
 1737  with the apprehension of criminals and the prevention of crime.
 1738  To this end, all law enforcement agencies within the state are
 1739  directed to provide the Agency for State Technology department
 1740  with any information the agency department requests for the
 1741  purpose of implementing the provisions of subsection (2).
 1742         (2) The Agency for State Technology shall department is
 1743  hereby authorized and directed to develop and maintain a
 1744  statewide system of regional law enforcement communications. In
 1745  formulating such a system, the agency department shall divide
 1746  the state into appropriate regions and shall develop a program
 1747  that includes, but is not limited to:
 1748         (a) The communications requirements for each county and
 1749  municipality comprising the region.
 1750         (b) An interagency communications provision that depicts
 1751  the communication interfaces between municipal, county, and
 1752  state law enforcement entities operating within the region.
 1753         (c) A frequency allocation and use provision that includes,
 1754  on an entity basis, each assigned and planned radio channel and
 1755  the type of operation, simplex, duplex, or half-duplex, on each
 1756  channel.
 1757         (3) The Agency for State Technology department shall adopt
 1758  any necessary rules and regulations for administering and
 1759  coordinating the statewide system of regional law enforcement
 1760  communications.
 1761         (4) The executive director secretary of the Agency for
 1762  State Technology department or his or her designee is designated
 1763  as the director of the statewide system of regional law
 1764  enforcement communications and, for the purpose of carrying out
 1765  the provisions of this section, may coordinate the activities of
 1766  the system with other interested state agencies and local law
 1767  enforcement agencies.
 1768         (5) A law enforcement communications system may not be
 1769  established or expanded without the prior approval of the Agency
 1770  for State Technology department.
 1771         (6) Within the limits of its capability, the Department of
 1772  Law Enforcement is encouraged to lend assistance to the Agency
 1773  for State Technology department in the development of the
 1774  statewide system of regional law enforcement communications
 1775  proposed by this section.
 1776         Section 32. Section 282.711, Florida Statutes, is amended
 1777  to read:
 1778         282.711 Remote electronic access services.—The Agency for
 1779  State Technology department may collect fees for providing
 1780  remote electronic access pursuant to s. 119.07(2). The fees may
 1781  be imposed on individual transactions or as a fixed subscription
 1782  for a designated period of time. All fees collected under this
 1783  section shall be deposited in the appropriate trust fund of the
 1784  program or activity that made the remote electronic access
 1785  available.
 1786         Section 33. Subsection (14) of section 287.012, Florida
 1787  Statutes, is amended to read:
 1788         287.012 Definitions.—As used in this part, the term:
 1789         (14) “Information technology” means, but is not limited to,
 1790  equipment, hardware, software, mainframe maintenance, firmware,
 1791  programs, systems, networks, infrastructure, media, and related
 1792  material used to automatically, electronically, and wirelessly
 1793  collect, receive, access, transmit, display, store, record,
 1794  retrieve, analyze, evaluate, process, classify, manipulate,
 1795  manage, assimilate, control, communicate, exchange, convert,
 1796  converge, interface, switch, or disseminate information of any
 1797  kind or form has the meaning ascribed in s. 282.0041.
 1798         Section 34. Subsection (22) of section 287.057, Florida
 1799  Statutes, is amended to read:
 1800         287.057 Procurement of commodities or contractual
 1801  services.—
 1802         (22) The department, in consultation with the Agency for
 1803  State Enterprise Information Technology and the Chief Financial
 1804  Officer Comptroller, shall develop a program for online
 1805  procurement of commodities and contractual services. To enable
 1806  the state to promote open competition and to leverage its buying
 1807  power, agencies shall participate in the online procurement
 1808  program, and eligible users may participate in the program. Only
 1809  vendors prequalified as meeting mandatory requirements and
 1810  qualifications criteria may participate in online procurement.
 1811         (a) The department, in consultation with the agency, may
 1812  contract for equipment and services necessary to develop and
 1813  implement online procurement.
 1814         (b) The department, in consultation with the agency, shall
 1815  adopt rules, pursuant to ss. 120.536(1) and 120.54, to
 1816  administer the program for online procurement. The rules shall
 1817  include, but not be limited to:
 1818         1. Determining the requirements and qualification criteria
 1819  for prequalifying vendors.
 1820         2. Establishing the procedures for conducting online
 1821  procurement.
 1822         3. Establishing the criteria for eligible commodities and
 1823  contractual services.
 1824         4. Establishing the procedures for providing access to
 1825  online procurement.
 1826         5. Determining the criteria warranting any exceptions to
 1827  participation in the online procurement program.
 1828         (c) The department may impose and shall collect all fees
 1829  for the use of the online procurement systems.
 1830         1. The fees may be imposed on an individual transaction
 1831  basis or as a fixed percentage of the cost savings generated. At
 1832  a minimum, the fees must be set in an amount sufficient to cover
 1833  the projected costs of the services, including administrative
 1834  and project service costs in accordance with the policies of the
 1835  department.
 1836         2. If the department contracts with a provider for online
 1837  procurement, the department, pursuant to appropriation, shall
 1838  compensate the provider from the fees after the department has
 1839  satisfied all ongoing costs. The provider shall report
 1840  transaction data to the department each month so that the
 1841  department may determine the amount due and payable to the
 1842  department from each vendor.
 1843         3. All fees that are due and payable to the state on a
 1844  transactional basis or as a fixed percentage of the cost savings
 1845  generated are subject to s. 215.31 and must be remitted within
 1846  40 days after receipt of payment for which the fees are due. For
 1847  fees that are not remitted within 40 days, the vendor shall pay
 1848  interest at the rate established under s. 55.03(1) on the unpaid
 1849  balance from the expiration of the 40-day period until the fees
 1850  are remitted.
 1851         4. All fees and surcharges collected under this paragraph
 1852  shall be deposited in the Operating Trust Fund as provided by
 1853  law.
 1854         Section 35. Subsection (17) of section 318.18, Florida
 1855  Statutes, is amended to read:
 1856         318.18 Amount of penalties.—The penalties required for a
 1857  noncriminal disposition pursuant to s. 318.14 or a criminal
 1858  offense listed in s. 318.17 are as follows:
 1859         (17) In addition to any penalties imposed, a surcharge of
 1860  $3 must be paid for all criminal offenses listed in s. 318.17
 1861  and for all noncriminal moving traffic violations under chapter
 1862  316. Revenue from the surcharge shall be remitted to the
 1863  Department of Revenue and deposited quarterly into the State
 1864  Agency Law Enforcement Radio System Trust Fund of the Agency for
 1865  State Technology Department of Management Services for the state
 1866  agency law enforcement radio system, as described in s. 282.709,
 1867  and to provide technical assistance to state agencies and local
 1868  law enforcement agencies with their statewide systems of
 1869  regional law enforcement communications, as described in s.
 1870  282.7101. This subsection expires July 1, 2012. The Agency for
 1871  State Technology Department of Management Services may retain
 1872  funds sufficient to recover the costs and expenses incurred for
 1873  managing, administering, and overseeing the Statewide Law
 1874  Enforcement Radio System, and providing technical assistance to
 1875  state agencies and local law enforcement agencies with their
 1876  statewide systems of regional law enforcement communications.
 1877  The Agency for State Technology Department of Management
 1878  Services working in conjunction with the Joint Task Force on
 1879  State Agency Law Enforcement Communications shall determine and
 1880  direct the purposes for which these funds are used to enhance
 1881  and improve the radio system.
 1882         Section 36. Section 320.0802, Florida Statutes, is amended
 1883  to read:
 1884         320.0802 Surcharge on license tax.—A surcharge There is
 1885  hereby levied and imposed on each license tax imposed under s.
 1886  320.08, except those set forth in s. 320.08(11), a surcharge in
 1887  the amount of $1, which shall be collected in the same manner as
 1888  the license tax and deposited into the State Agency Law
 1889  Enforcement Radio System Trust Fund of the Agency for State
 1890  Technology Department of Management Services.
 1891         Section 37. Subsection (9) of section 328.72, Florida
 1892  Statutes, is amended to read:
 1893         328.72 Classification; registration; fees and charges;
 1894  surcharge; disposition of fees; fines; marine turtle stickers.—
 1895         (9) SURCHARGE.—In addition, a surcharge there is hereby
 1896  levied and imposed on each vessel registration fee imposed under
 1897  subsection (1) a surcharge in the amount of $1 for each 12-month
 1898  period of registration, which shall be collected in the same
 1899  manner as the fee and deposited into the State Agency Law
 1900  Enforcement Radio System Trust Fund of the Agency for State
 1901  Technology Department of Management Services.
 1902         Section 38. Subsections (3), (4), (5), (7), (9), (10), and
 1903  (11) of section 365.171, Florida Statutes, are amended to read:
 1904         365.171 Emergency communications number E911 state plan.—
 1905         (3) DEFINITIONS.—As used in this section, the term:
 1906         (a) “Agency” means the Agency for State Technology “Office”
 1907  means the Technology Program within the Department of Management
 1908  Services, as designated by the secretary of the department.
 1909         (b) “Local government” means municipality any city, county,
 1910  or political subdivision of the state and its agencies.
 1911         (c) “Public agency” means the state and any municipality
 1912  city, county, municipality city and county, municipal
 1913  corporation, chartered organization, public district, or public
 1914  authority located in whole or in part within this state which
 1915  provides, or has authority to provide, firefighting, law
 1916  enforcement, ambulance, medical, or other emergency services.
 1917         (d) “Public safety agency” means a functional division of a
 1918  public agency which provides firefighting, law enforcement,
 1919  medical, or other emergency services.
 1920         (4) STATE PLAN.—The agency office shall develop, maintain,
 1921  and implement appropriate modifications for a statewide
 1922  emergency communications E911 system plan. The plan must shall
 1923  provide for:
 1924         (a) The public agency emergency communications requirements
 1925  for each entity of local government in the state.
 1926         (b) A system to meet specific local government
 1927  requirements. Such system shall include law enforcement,
 1928  firefighting, and emergency medical services and may include
 1929  other emergency services such as poison control, suicide
 1930  prevention, and emergency management services.
 1931         (c) Identification of the mutual aid agreements necessary
 1932  to obtain an effective E911 system.
 1933         (d) A funding provision that identifies the cost necessary
 1934  to implement the E911 system.
 1935  
 1936  The agency is office shall be responsible for the implementation
 1937  and coordination of such plan. The agency office shall adopt any
 1938  necessary rules and schedules related to public agencies for
 1939  implementing and coordinating the plan, pursuant to chapter 120.
 1940         (5) SYSTEM DIRECTOR.—The executive director of the agency
 1941  secretary of the department or his or her designee is designated
 1942  as the director of the statewide emergency communications number
 1943  E911 system and, for the purpose of carrying out the provisions
 1944  of this section, may is authorized to coordinate the activities
 1945  of the system with state, county, local, and private agencies.
 1946  The director, in implementing the system, shall consult,
 1947  cooperate, and coordinate with local law enforcement agencies.
 1948         (7) TELECOMMUNICATIONS INDUSTRY COORDINATION.—The agency
 1949  office shall coordinate with the Florida Public Service
 1950  Commission to which shall encourage the Florida
 1951  telecommunications industry to activate facility modification
 1952  plans for timely E911 implementation.
 1953         (9) SYSTEM APPROVAL.—An No emergency communications number
 1954  E911 system may not shall be established and a and no present
 1955  system may not shall be expanded without prior approval of the
 1956  agency office.
 1957         (10) COMPLIANCE.—All public agencies shall assist the
 1958  agency office in their efforts to carry out the intent of this
 1959  section, and such agencies shall comply with the developed plan.
 1960         (11) FEDERAL ASSISTANCE.—The executive director of the
 1961  agency secretary of the department or his or her designee may
 1962  apply for and accept federal funding assistance in the
 1963  development and implementation of a statewide emergency
 1964  communications number E911 system.
 1965         Section 39. Paragraphs (a) through (s) of subsection (3) of
 1966  section 365.172, Florida Statutes, are redesignated as
 1967  paragraphs (b) through (t), respectively, a new paragraph (a) is
 1968  added to that subsection, and paragraph (d) of subsection (2),
 1969  present paragraph (t) of subsection (3), subsection (4),
 1970  paragraph (a) of subsection (5), paragraph (c) of subsection
 1971  (6), and paragraph (f) of subsection (12) of that section are
 1972  amended to read:
 1973         365.172 Emergency communications number “E911.”—
 1974         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
 1975  to:
 1976         (d) Provide for an E911 board to administer the fee, with
 1977  oversight by the Agency for State Technology office, in a manner
 1978  that is competitively and technologically neutral as to all
 1979  voice communications services providers.
 1980  
 1981  It is further the intent of the Legislature that the fee
 1982  authorized or imposed by this section not necessarily provide
 1983  the total funding required for establishing or providing E911
 1984  service.
 1985         (3) DEFINITIONS.—Only as used in this section and ss.
 1986  365.171, 365.173, and 365.174, the term:
 1987         (a) “Agency” means the Agency for State Technology.
 1988         (t) “Office” means the Technology Program within the
 1989  Department of Management Services, as designated by the
 1990  secretary of the department.
 1991         (4) POWERS AND DUTIES OF THE AGENCY FOR STATE TECHNOLOGY
 1992  OFFICE.—The agency office shall oversee the administration of
 1993  the fee authorized and imposed on subscribers of voice
 1994  communications services under subsection (8).
 1995         (5) THE E911 BOARD.—
 1996         (a) The E911 Board is established to administer, with
 1997  oversight by the agency office, the fee imposed under subsection
 1998  (8), including receiving revenues derived from the fee;
 1999  distributing portions of the revenues to wireless providers,
 2000  counties, and the agency office; accounting for receipts,
 2001  distributions, and income derived by the funds maintained in the
 2002  fund; and providing annual reports to the Governor and the
 2003  Legislature for submission by the agency office on amounts
 2004  collected and expended, the purposes for which expenditures have
 2005  been made, and the status of E911 service in this state. In
 2006  order to advise and assist the agency office in carrying out the
 2007  purposes of this section, the board, which shall have the power
 2008  of a body corporate, has the powers enumerated in subsection
 2009  (6).
 2010         (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
 2011         (c) By February 28 of each year, the board shall prepare a
 2012  report for submission by the agency office to the Governor, the
 2013  President of the Senate, and the Speaker of the House of
 2014  Representatives which addresses for the immediately preceding
 2015  calendar year:
 2016         1. The annual receipts, including the total amount of fee
 2017  revenues collected by each provider, the total disbursements of
 2018  money in the fund, including the amount of fund-reimbursed
 2019  expenses incurred by each wireless provider to comply with the
 2020  order, and the amount of moneys on deposit in the fund.
 2021         2. Whether the amount of the fee and the allocation
 2022  percentages set forth in s. 365.173 have been or should be
 2023  adjusted to comply with the requirements of the order or other
 2024  provisions of this chapter, and the reasons for making or not
 2025  making a recommended adjustment to the fee.
 2026         3. Any other issues related to providing E911 services.
 2027         4. The status of E911 services in this state.
 2028         (12) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance
 2029  the public need for reliable E911 services through reliable
 2030  wireless systems and the public interest served by governmental
 2031  zoning and land development regulations and notwithstanding any
 2032  other law or local ordinance to the contrary, the following
 2033  standards shall apply to a local government’s actions, as a
 2034  regulatory body, in the regulation of the placement,
 2035  construction, or modification of a wireless communications
 2036  facility. This subsection shall not, however, be construed to
 2037  waive or alter the provisions of s. 286.011 or s. 286.0115. For
 2038  the purposes of this subsection only, “local government” shall
 2039  mean any municipality or county and any agency of a municipality
 2040  or county only. The term “local government” does not, however,
 2041  include any airport, as defined by s. 330.27(2), even if it is
 2042  owned or controlled by or through a municipality, county, or
 2043  agency of a municipality or county. Further, notwithstanding
 2044  anything in this section to the contrary, this subsection does
 2045  not apply to or control a local government’s actions as a
 2046  property or structure owner in the use of any property or
 2047  structure owned by such entity for the placement, construction,
 2048  or modification of wireless communications facilities. In the
 2049  use of property or structures owned by the local government,
 2050  however, a local government may not use its regulatory authority
 2051  so as to avoid compliance with, or in a manner that does not
 2052  advance, the provisions of this subsection.
 2053         (f) Notwithstanding any other law to the contrary
 2054  notwithstanding, the agency Department of Management Services
 2055  shall negotiate, in the name of the state, leases for wireless
 2056  communications facilities that provide access to state
 2057  government-owned property not acquired for transportation
 2058  purposes, and the Department of Transportation shall negotiate,
 2059  in the name of the state, leases for wireless communications
 2060  facilities that provide access to property acquired for state
 2061  rights-of-way. On property acquired for transportation purposes,
 2062  leases shall be granted in accordance with s. 337.251. On other
 2063  state government-owned property, leases shall be granted on a
 2064  space available, first-come, first-served basis. Payments
 2065  required by state government under a lease must be reasonable
 2066  and must reflect the market rate for the use of the state
 2067  government-owned property. The agency Department of Management
 2068  Services and the Department of Transportation may are authorized
 2069  to adopt rules for the terms and conditions and granting of any
 2070  such leases.
 2071         Section 40. Subsection (1) and paragraph (g) of subsection
 2072  (2) of section 365.173, Florida Statutes, are amended to read:
 2073         365.173 Emergency Communications Number E911 System Fund.—
 2074         (1) All revenues derived from the fee levied on subscribers
 2075  under s. 365.172 must be paid by the board into the State
 2076  Treasury on or before the 15th day of each month. Such moneys
 2077  must be accounted for in a special fund to be designated as the
 2078  Emergency Communications Number E911 System Fund, a fund created
 2079  in the Agency for State Technology Program, or other office as
 2080  designated by the Secretary of Management Services, and, for
 2081  accounting purposes, must be segregated into two separate
 2082  categories:
 2083         (a) The wireless category; and
 2084         (b) The nonwireless category.
 2085  
 2086  All moneys must be invested by the Chief Financial Officer
 2087  pursuant to s. 17.61. All moneys in such fund are to be expended
 2088  by the agency office for the purposes provided in this section
 2089  and s. 365.172. These funds are not subject to s. 215.20.
 2090         (2) As determined by the board pursuant to s.
 2091  365.172(8)(h), and subject to any modifications approved by the
 2092  board pursuant to s. 365.172(6)(a)3. or (8)(i), the moneys in
 2093  the fund shall be distributed and used only as follows:
 2094         (g) Two percent of the moneys in the fund shall be used to
 2095  make monthly distributions to rural counties for the purpose of
 2096  providing facilities and network and service enhancements and
 2097  assistance for the 911 or E911 systems operated by rural
 2098  counties and for the provision of grants by the agency office to
 2099  rural counties for upgrading and replacing E911 systems.
 2100  
 2101  The Legislature recognizes that the fee authorized under s.
 2102  365.172 may not necessarily provide the total funding required
 2103  for establishing or providing the E911 service. It is the intent
 2104  of the Legislature that all revenue from the fee be used as
 2105  specified in this subsection.
 2106         Section 41. Subsection (1) of section 365.174, Florida
 2107  Statutes, is amended to read:
 2108         365.174 Proprietary confidential business information.—
 2109         (1) All proprietary confidential business information
 2110  submitted by a provider to the board or to the Agency for State
 2111  Technology office, including the name and billing or service
 2112  addresses of service subscribers, and trade secrets as defined
 2113  by s. 812.081, is confidential and exempt from s. 119.07(1) and
 2114  s. 24(a), Art. I of the State Constitution. Statistical
 2115  abstracts of information collected by the board or the agency
 2116  office may be released or published, but only in a manner that
 2117  does not identify or allow identification of subscribers or
 2118  their service numbers or of revenues attributable to any
 2119  provider.
 2120         Section 42. Section 401.013, Florida Statutes, is amended
 2121  to read:
 2122         401.013 Legislative intent.—It is the intention and purpose
 2123  of the Legislature that a statewide system of regional emergency
 2124  medical telecommunications be developed whereby maximum use of
 2125  existing radio channels is achieved in order to more effectively
 2126  and rapidly provide emergency medical service to the general
 2127  population. To this end, all emergency medical service entities
 2128  within the state are directed to provide the Agency for State
 2129  Technology Department of Management Services with any
 2130  information the agency department requests for the purpose of
 2131  implementing the provisions of s. 401.015, and such entities
 2132  shall comply with the resultant provisions established pursuant
 2133  to this part.
 2134         Section 43. Section 401.015, Florida Statutes, is amended
 2135  to read:
 2136         401.015 Statewide regional emergency medical
 2137  telecommunication system.—The Agency for State Technology shall
 2138  Department of Management Services is authorized and directed to
 2139  develop a statewide system of regional emergency medical
 2140  telecommunications. For the purpose of this part, the term
 2141  “telecommunications” means those voice, data, and signaling
 2142  transmissions and receptions between emergency medical service
 2143  components, including, but not limited to: ambulances; rescue
 2144  vehicles; hospitals or other related emergency receiving
 2145  facilities; emergency communications centers; physicians and
 2146  emergency medical personnel; paging facilities; law enforcement
 2147  and fire protection agencies; and poison control, suicide, and
 2148  emergency management agencies. In formulating such a system, the
 2149  agency department shall divide the state into appropriate
 2150  regions and shall develop a program that which includes, but is
 2151  not limited to, the following provisions:
 2152         (1) A requirements provision that states, which shall state
 2153  the telecommunications requirements for each emergency medical
 2154  entity comprising the region.
 2155         (2) An interfacility communications provision that depicts,
 2156  which shall depict the telecommunications interfaces between the
 2157  various medical service entities that which operate within the
 2158  region and state.
 2159         (3) An organizational layout provision that includes, which
 2160  shall include each emergency medical entity and the number of
 2161  radio operating units (base, mobile, handheld, etc.) per entity.
 2162         (4) A frequency allocation and use provision that includes,
 2163  which shall include on an entity basis each assigned and planned
 2164  radio channel and the type of operation (simplex, duplex, half
 2165  duplex, etc.) on each channel.
 2166         (5) An operational provision that includes, which shall
 2167  include dispatching, logging, and operating procedures
 2168  pertaining to telecommunications on an entity basis and regional
 2169  basis.
 2170         (6) An emergency medical service telephone provision that
 2171  includes, which shall include the telephone and the numbering
 2172  plan throughout the region for both the public and interface
 2173  requirements.
 2174         Section 44. Section 401.018, Florida Statutes, is amended
 2175  to read:
 2176         401.018 System coordination.—
 2177         (1) The statewide system of regional emergency medical
 2178  telecommunications shall be developed by the Agency for State
 2179  Technology Department of Management Services, which is
 2180  department shall be responsible for the implementation and
 2181  coordination of such system into the state telecommunications
 2182  plan. The agency department shall adopt any necessary rules and
 2183  regulations for administering implementing and coordinating the
 2184  such a system.
 2185         (2) The Agency for State Technology Department of
 2186  Management Services shall be designated as the state frequency
 2187  coordinator for the special emergency radio service.
 2188         Section 45. Section 401.021, Florida Statutes, is amended
 2189  to read:
 2190         401.021 System director.—The executive director of the
 2191  Agency for State Technology Secretary of Management Services or
 2192  his or her designee is designated as the director of the
 2193  statewide telecommunications system of the regional emergency
 2194  medical service and, for the purpose of carrying out the
 2195  provisions of this part, may is authorized to coordinate the
 2196  activities of the telecommunications system with other
 2197  interested state, county, local, and private agencies.
 2198         Section 46. Section 401.024, Florida Statutes, is amended
 2199  to read:
 2200         401.024 System approval.—An From July 1, 1973, no emergency
 2201  medical telecommunications system may not shall be established
 2202  and or present systems may not be expanded without prior
 2203  approval of the Agency for State Technology Department of
 2204  Management Services.
 2205         Section 47. Section 401.027, Florida Statutes, is amended
 2206  to read:
 2207         401.027 Federal assistance.—The executive director of the
 2208  Agency for State Technology Secretary of Management Services or
 2209  his or her designee may is authorized to apply for and accept
 2210  federal funding assistance in the development and implementation
 2211  of a statewide emergency medical telecommunications system.
 2212         Section 48. Paragraph (a) of subsection (2) of section
 2213  401.465, Florida Statutes, is amended to read:
 2214         401.465 911 public safety telecommunicator certification.—
 2215         (2) PERSONNEL; STANDARDS AND CERTIFICATION.—
 2216         (a) Effective October 1, 2012, any person employed as a 911
 2217  public safety telecommunicator at a public safety answering
 2218  point, as defined in s. 365.172(3)(b) s. 365.172(3)(a), must be
 2219  certified by the department.
 2220         Section 49. Subsection (4) of section 445.011, Florida
 2221  Statutes, is amended to read:
 2222         445.011 Workforce information systems.—
 2223         (4) Workforce Florida, Inc., shall coordinate development
 2224  and implementation of workforce information systems with the
 2225  executive director of the Agency for State Enterprise
 2226  Information Technology to ensure compatibility with the state’s
 2227  information system strategy and enterprise architecture.
 2228         Section 50. Subsection (2) and paragraphs (a) and (b) of
 2229  subsection (4) of section 445.045, Florida Statutes, are amended
 2230  to read:
 2231         445.045 Development of an Internet-based system for
 2232  information technology industry promotion and workforce
 2233  recruitment.—
 2234         (2) Workforce Florida, Inc., shall coordinate with the
 2235  Agency for State Enterprise Information Technology and the
 2236  Department of Economic Opportunity to ensure links, where
 2237  feasible and appropriate, to existing job information websites
 2238  maintained by the state and state agencies and to ensure that
 2239  information technology positions offered by the state and state
 2240  agencies are posted on the information technology website.
 2241         (4)(a) Workforce Florida, Inc., shall coordinate
 2242  development and maintenance of the website under this section
 2243  with the executive director of the Agency for State Enterprise
 2244  Information Technology to ensure compatibility with the state’s
 2245  information system strategy and enterprise architecture.
 2246         (b) Workforce Florida, Inc., may enter into an agreement
 2247  with the Agency for State Enterprise Information Technology, the
 2248  Department of Economic Opportunity, or any other public agency
 2249  with the requisite information technology expertise for the
 2250  provision of design, operating, or other technological services
 2251  necessary to develop and maintain the website.
 2252         Section 51. Paragraph (b) of subsection (18) of section
 2253  668.50, Florida Statutes, is amended to read:
 2254         668.50 Uniform Electronic Transaction Act.—
 2255         (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY
 2256  GOVERNMENTAL AGENCIES.—
 2257         (b) To the extent that a governmental agency uses
 2258  electronic records and electronic signatures under paragraph
 2259  (a), the Agency for State Enterprise Information Technology, in
 2260  consultation with the governmental agency, giving due
 2261  consideration to security, may specify:
 2262         1. The manner and format in which the electronic records
 2263  must be created, generated, sent, communicated, received, and
 2264  stored and the systems established for those purposes.
 2265         2. If electronic records must be signed by electronic
 2266  means, the type of electronic signature required, the manner and
 2267  format in which the electronic signature must be affixed to the
 2268  electronic record, and the identity of, or criteria that must be
 2269  met by, any third party used by a person filing a document to
 2270  facilitate the process.
 2271         3. Control processes and procedures as appropriate to
 2272  ensure adequate preservation, disposition, integrity, security,
 2273  confidentiality, and auditability of electronic records.
 2274         4. Any other required attributes for electronic records
 2275  which are specified for corresponding nonelectronic records or
 2276  reasonably necessary under the circumstances.
 2277         Section 52. Except as otherwise expressly provided in this
 2278  act, this act shall take effect July 1, 2012.
 2279  
 2280  ================= T I T L E  A M E N D M E N T ================
 2281         And the title is amended as follows:
 2282         Delete everything before the enacting clause
 2283  and insert:
 2284                        A bill to be entitled                      
 2285         An act relating to state technology; abolishing the
 2286         Agency for Enterprise Information Technology;
 2287         transferring the personnel, functions, and funds of
 2288         the Agency for Enterprise Information Technology to
 2289         the Agency for State Technology; transferring
 2290         specified personnel, functions, and funds relating to
 2291         technology programs from the Department of Management
 2292         Services to the Agency for State Technology;
 2293         transferring the Northwood Shared Resource Center and
 2294         the Southwood Shared Resource Center to the agency;
 2295         repealing s. 14.204, F.S., relating to the Agency for
 2296         Enterprise Information Technology; creating s. 14.206,
 2297         F.S.; creating the Agency for State Technology;
 2298         providing for an executive director who shall be the
 2299         state’s Chief Information Officer; requiring the
 2300         Governor to appoint a search committee to recommend
 2301         candidates for executive director; providing for
 2302         organization of the agency; providing duties and
 2303         responsibilities of the agency and of the executive
 2304         director; prohibiting the agency from using certain
 2305         trust funds for certain purposes; authorizing the
 2306         agency to adopt rules; reordering and amending s.
 2307         282.0041, F.S.; revising and providing definitions of
 2308         terms as used in the Enterprise Information Technology
 2309         Services Management Act; amending s. 282.0055, F.S.;
 2310         revising provisions for assignment of information
 2311         technology services; directing the agency to create a
 2312         road map for enterprise information technology service
 2313         consolidation and a comprehensive transition plan;
 2314         requiring the transition plan to be submitted to the
 2315         Governor and Cabinet and the Legislature by a certain
 2316         date; providing duties for state agencies relating to
 2317         the transition plan; prohibiting state agencies from
 2318         certain technology-related activities; providing for
 2319         exceptions; amending s. 282.0056, F.S.; providing for
 2320         development by the agency executive director of a
 2321         biennial State Information Technology Strategic
 2322         Resources Plan for approval by the Governor and the
 2323         Cabinet; directing state agencies to submit their own
 2324         information technology plans and any requested
 2325         information to the agency; revising provisions for
 2326         development of work plans and implementation plans;
 2327         revising provisions for reporting on achievements;
 2328         amending s. 282.201, F.S.; revising provisions for a
 2329         state data center system; providing legislative
 2330         intent; directing the agency to provide
 2331         recommendations to the Governor, Cabinet, and
 2332         Legislature relating to primary data center
 2333         designations and changes to the schedule for the
 2334         consolidations of state agency data centers; providing
 2335         duties of a state agency consolidating a data center
 2336         into a primary data center; revising the scheduled
 2337         consolidation dates for state agency data centers;
 2338         amending s. 282.203, F.S.; revising duties of primary
 2339         data centers; removing provisions for boards of
 2340         trustees to head primary data centers; requiring a
 2341         memorandum of understanding between the primary data
 2342         center and the participating state agency; limiting
 2343         the term of the memorandum; providing for failure to
 2344         enter into a memorandum; repealing s. 282.204, F.S.,
 2345         relating to Northwood Shared Resource Center;
 2346         repealing s. 282.205, F.S., relating to Southwood
 2347         Shared Resource Center; creating s. 282.206, F.S.;
 2348         establishing the Fletcher Shared Resource Center
 2349         within the Department of Financial Services to provide
 2350         enterprise information technology services; directing
 2351         the center to collaborate with the agency; directing
 2352         the center to provide collocation services to the
 2353         Department of Legal Affairs, the Department of
 2354         Agriculture and Consumer Services, and the Department
 2355         of Financial Services; directing the Department of
 2356         Financial Services to continue to use the center and
 2357         provide service to the Office of Financial Regulation
 2358         and the Office of Insurance Regulation and host the
 2359         Legislative Appropriations System/Planning and
 2360         Budgeting Subsystem; providing for governance of the
 2361         center; providing for a steering committee to ensure
 2362         adequacy and appropriateness of services; directing
 2363         the Department of Legal Affairs and the Department of
 2364         Agriculture and Consumer Services to move data center
 2365         equipment to the center by certain dates; repealing s.
 2366         282.33, F.S., relating to objective standards for data
 2367         center energy efficiency; amending s. 282.34, F.S.;
 2368         revising provisions for a statewide e-mail service to
 2369         meet the needs of executive branch agencies; requiring
 2370         the agency to reevaluate the current contract for e
 2371         mail services; requiring state agencies to receive e
 2372         mail services through the agency; authorizing the
 2373         Department of Agriculture and Consumer Services, the
 2374         Department of Financial Services, the Office of
 2375         Financial Regulation, and the Office of Insurance
 2376         Regulation to receive e-mail services from the
 2377         Fletcher Shared Resource Center or the agency;
 2378         amending s. 282.702, F.S.; directing the agency to
 2379         develop a plan for statewide voice-over-Internet
 2380         protocol services; requiring certain content in the
 2381         plan; requiring the plan to be submitted to the
 2382         Governor, the Cabinet, and the Legislature by a
 2383         certain date; amending s. 364.0135, F.S.; providing
 2384         for the agency’s role in the promotion of broadband
 2385         Internet service; providing an additional duty;
 2386         amending ss. 20.22, 110.205, 215.22, 215.322, 216.292,
 2387         282.318, 282.604, 282.703, 282.704, 282.705, 282.706,
 2388         282.707, 282.709, 282.7101, 282.711, 287.012, 287.057,
 2389         318.18, 320.0802, 328.72, 365.171, 365.172, 365.173,
 2390         365.174, 401.013, 401.015, 401.018, 401.021, 401.024,
 2391         401.027, 401.465, 445.011, 445.045, and 668.50, F.S.,
 2392         relating to a financial and cash management system
 2393         task force, career service exemptions, trust funds,
 2394         payment cards and electronic funds transfers, the
 2395         Communications Working Capital Trust Fund, the
 2396         Enterprise Information Technology Services Management
 2397         Act, adoption of rules, the Communication Information
 2398         Technology Services Act, procurement of commodities
 2399         and contractual services, the Florida Uniform
 2400         Disposition of Traffic Infractions Act, surcharge on
 2401         vehicle license tax, vessel registration, broadband
 2402         Internet service, the emergency communications number
 2403         E911, regional emergency medical telecommunications,
 2404         the Workforce Innovation Act of 2000, and the Uniform
 2405         Electronic Transaction Act; conforming provisions and
 2406         cross-references to changes made by the act; revising
 2407         and deleting obsolete provisions; providing effective
 2408         dates.