Florida Senate - 2012 SB 1498
By Senator Ring
32-00639B-12 20121498__
1 A bill to be entitled
2 An act relating to state technology; abolishing the
3 Agency for Enterprise Information Technology;
4 transferring the personnel, functions, and funds of
5 the Agency for Enterprise Information Technology to
6 the Agency for State Technology; transferring
7 specified personnel, functions, and funds relating to
8 technology programs from the Department of Management
9 Services to the Agency for State Technology;
10 transferring the Northwood Shared Resource Center and
11 the Southwood Shared Resource Center to the agency;
12 repealing s. 14.204, F.S., relating to the Agency for
13 Enterprise Information Technology; creating s. 14.206,
14 F.S.; creating the Agency for State Technology;
15 providing for organization of the agency; providing
16 for an executive director who shall be the state’s
17 Chief Information Officer; providing duties and
18 responsibilities of the agency and of the executive
19 director; requiring certain status reports to the
20 Governor, the Cabinet, and the Legislature;
21 authorizing the agency to adopt rules; amending s.
22 282.0041, F.S.; revising and providing definitions of
23 terms as used in the Enterprise Information Technology
24 Services Management Act; amending s. 282.0055, F.S.;
25 revising provisions for assignment of information
26 technology services; directing the agency to create a
27 road map for enterprise information technology service
28 consolidation and a comprehensive transition plan;
29 requiring the transition plan to be submitted to the
30 Governor and Cabinet and the Legislature by a certain
31 date; providing duties for state agencies relating to
32 the transition plan; prohibiting state agencies from
33 certain technology-related activities; providing for
34 exceptions; amending s. 282.0056, F.S.; providing for
35 development by the agency executive director of a
36 biennial State Information Technology Strategic Plan
37 for approval by the Governor and the Cabinet;
38 directing state agencies to submit their own
39 information technology plans and any requested
40 information to the agency; revising provisions for
41 development of work plans and implementation plans;
42 revising provisions for reporting on achievements;
43 amending s. 282.201, F.S.; revising provisions for a
44 state data center system; providing legislative
45 intent; directing the agency to provide
46 recommendations to the Governor and Legislature
47 relating to changes to the schedule for the
48 consolidations of state agency data centers; providing
49 duties of a state agency consolidating a data center
50 into a primary data center; suspending the
51 consolidations scheduled for state agency data centers
52 for a specified period; amending s. 282.203, F.S.;
53 revising duties of primary data centers; removing
54 provisions for boards of trustees to head primary data
55 centers; requiring a memorandum of understanding
56 between the primary data center and the participating
57 state agency; limiting the term of the memorandum;
58 providing for failure to enter into a memorandum;
59 repealing s. 282.204, F.S., relating to Northwood
60 Shared Resource Center; repealing s. 282.205, F.S.,
61 relating to Southwood Shared Resource Center; creating
62 s. 282.206, F.S.; establishing the Fletcher Shared
63 Resource Center within the Department of Financial
64 Services to provide enterprise information technology
65 services; directing the center to collaborate with the
66 agency; directing the center to provide colocation
67 services to the Office of the Attorney General and the
68 Department of Legal Affairs, the Department of
69 Agriculture and Consumer Services, and the Department
70 of Financial Services; directing the Department of
71 Financial Services to continue to use the center and
72 provide service to the Office of Financial Regulation
73 and the Office of Insurance Regulation and host the
74 Legislative Appropriations System/Planning and
75 Budgeting Subsystem; providing for governance of the
76 center; providing for a steering committee to ensure
77 adequacy and appropriateness of services; directing
78 the Department of Legal Affairs and the Department of
79 Agriculture and Consumer Services to move data center
80 equipment to the center by certain dates; repealing s.
81 282.33, F.S., relating to objective standards for data
82 center energy efficiency; amending s. 282.34, F.S.;
83 revising provisions for a statewide e-mail service to
84 meet the needs of executive branch agencies; requiring
85 state agencies to receive e-mail services through the
86 agency; authorizing the Department of Agriculture and
87 Consumer Services, the Department of Financial
88 Services, the Office of Financial Regulation, and the
89 Office of Insurance Regulation to receive e-mail
90 services from the Fletcher Shared Resource Center or
91 the agency; amending s. 282.702, F.S.; directing the
92 agency to develop a plan for statewide voice-over
93 Internet protocol services; requiring certain content
94 in the plan; requiring the plan to be submitted to the
95 Governor, the Cabinet, and the Legislature by a
96 certain date; amending ss. 20.22, 110.205, 215.22,
97 215.322, 216.292, 282.318, 282.604, 282.703, 282.704,
98 282.705, 282.706, 282.707, 282.709, 282.7101, 282.711,
99 287.012, 287.057, 318.18, 320.0802, 328.72, 364.0135,
100 365.171, 365.172, 365.173, 365.174, 401.013, 401.015,
101 401.018, 401.021, 401.024, 401.027, 401.465, 445.011,
102 445.045, and 668.50, F.S., relating to a financial and
103 cash management system task force, career service
104 exemptions, trust funds, payment cards and electronic
105 funds transfers, the Communications Working Capital
106 Trust Fund, the Enterprise Information Technology
107 Services Management Act, adoption of rules, the
108 Communication Information Technology Services Act,
109 procurement of commodities and contractual services,
110 the Florida Uniform Disposition of Traffic Infractions
111 Act, surcharge on vehicle license tax, vessel
112 registration, broadband Internet service, the
113 emergency communications number E911, regional
114 emergency medical telecommunications, the Workforce
115 Innovation Act of 2000, and the Uniform Electronic
116 Transaction Act; conforming provisions and cross
117 references to changes made by the act; revising and
118 deleting obsolete provisions; providing an effective
119 date.
120
121 Be It Enacted by the Legislature of the State of Florida:
122
123 Section 1. (1) The Agency for Enterprise Information
124 Technology is abolished.
125 (2) All of the powers, duties, functions, records,
126 personnel, and property; funds, trust funds, and unexpended
127 balances of appropriations, allocations, and other funds;
128 administrative authority; administrative rules; pending issues;
129 and existing contracts of the Agency for Enterprise Information
130 Technology are transferred by a type two transfer, pursuant to
131 s. 20.06(2), Florida Statutes, to the Agency for State
132 Technology.
133 Section 2. Transfers from the Department of Management
134 Services.—
135 (1) The Technology Program established under section
136 20.22(2), Florida Statutes, is transferred intact by a type one
137 transfer, as defined in s. 20.06(1), Florida Statutes, from the
138 Department of Management Services to the Agency for State
139 Technology.
140 (2) All of the powers, duties, functions, records,
141 personnel, and property; funds, trust funds, and unexpended
142 balances of appropriations, allocations, and other funds;
143 administrative authority; administrative rules; pending issues;
144 and existing contracts relating to the following
145 responsibilities of the Department of Management Services are
146 transferred by a type one transfer, as defined in s. 20.06(2),
147 Florida Statutes, to the Agency for State Technology:
148 (a) Administrative and regulatory responsibilities under
149 part II of chapter 282, Florida Statutes, consisting of ss.
150 282.601-282.606, Florida Statutes, relating to accessibility of
151 electronic information and information technology for state
152 employees and members of the public with disabilities, including
153 the responsibility for rules for the development, procurement,
154 maintenance, and use of accessible electronic information
155 technology by governmental units pursuant to section 282.604,
156 Florida Statutes.
157 (b) Administrative and regulatory responsibilities under
158 part III of chapter 282, Florida Statutes, consisting of ss.
159 282.701-282.711, relating to the state telecommunications
160 network, state communications, telecommunications services with
161 state agencies and political subdivisions of the state, the
162 SUNCOM network, the law enforcement radio system and
163 interoperability network, regional law enforcement
164 communications, and remote electronic access.
165 (c) Administrative and regulatory responsibilities under s.
166 364.0135, Florida Statutes, relating to broadband Internet
167 service.
168 (d) Administrative and regulatory responsibilities under
169 ss. 365.171, 365.172, 365.173, 365.174, and 365.175, Florida
170 Statutes, relating to emergency communications number E911.
171 (e) Administrative and regulatory responsibilities under
172 part I of chapter 401, Florida Statutes, consisting of ss.
173 401.013-401.027, relating to a statewide system of regional
174 emergency medical telecommunications.
175 (3)(a) The following trust funds are transferred by a type
176 one transfer, as defined in s. 20.06(1), Florida Statutes, from
177 the Department of Management Services to the Agency for State
178 Technology:
179 1. The Communications Working Capital Trust Fund.
180 2. The Emergency Communications Number E911 System Fund.
181 3. The State Agency Law Enforcement Radio System Trust
182 Fund.
183 (b) All unexpended balances of appropriations, allocations,
184 and other funds of the Department of Management Services
185 relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171
186 365.175, and part I of chapter 401, Florida Statutes, which are
187 not specifically transferred by this subsection are transferred
188 by a type one transfer, as defined in s. 20.06(1), Florida
189 Statutes, to the Agency for State Technology.
190 (4) All lawful orders issued by the Department of
191 Management Services implementing or enforcing or otherwise in
192 regard to ss. 282.701-282.711, s. 364.0135, ss. 365.171-365.175,
193 or part I of chapter 401, Florida Statutes, issued before July
194 1, 2012, shall remain in effect and be enforceable after that
195 date unless thereafter modified in accordance with law.
196 (5) Any binding contract or interagency agreement entered
197 into pursuant to ss. 282.701-282.711, s. 364.0135, ss. 365.171
198 365.175, or part I of chapter 401, Florida Statutes, and
199 existing before July 1, 2012, between the Department of
200 Management Services or an entity or agent of the department and
201 any other agency, entity, or person shall continue as a binding
202 contract or agreement for the remainder of the term of such
203 contract or agreement on the Agency for State Technology.
204 (6) The rules of the Department of Management Services
205 relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171
206 365.175, or part I of chapter 401, Florida Statutes, which were
207 in effect at 11:59 p.m. on June 30, 2012, shall become the rules
208 of the Agency for State Technology and shall remain in effect
209 until amended or repealed in the manner provided by law.
210 (7) The transfer of regulatory authority under ss. 282.701
211 282.711, s. 364.0135, ss. 365.171-365.175, or part I of chapter
212 401, Florida Statutes, provided by this section shall not affect
213 the validity of any judicial or administrative action pending as
214 of 11:59 p.m. on June 30, 2012, to which the Department of
215 Management Services is at that time a party, and the Agency for
216 State Technology shall be substituted as a party in interest in
217 any such action.
218 (8) The Northwood Shared Resource Center is transferred by
219 a type one transfer, as defined in s. 20.06(1), Florida
220 Statutes, from the Department of Management Services to the
221 Agency for State Technology.
222 (a) Any binding contract or interagency agreement entered
223 into between the Northwood Shared Resource Center or an entity
224 or agent of the center and any other agency, entity, or person
225 shall continue as a binding contract or agreement for the
226 remainder of the term of such contract or agreement on the
227 Agency for State Technology.
228 (b) The rules of the Northwood Shared Resource Center that
229 were in effect at 11:59 p.m. on June 30, 2012, shall become the
230 rules of the Agency for State Technology and shall remain in
231 effect until amended or repealed in the manner provided by law.
232 (9) The Southwood Shared Resource Center is transferred by
233 a type one transfer, as defined in s. 20.06(1), Florida
234 Statutes, from the Department of Management Services to the
235 Agency for State Technology.
236 (a) Any binding contract or interagency agreement entered
237 into between the Southwood Shared Resource Center or an entity
238 or agent of the center and any other agency, entity, or person
239 shall continue as a binding contract or agreement for the
240 remainder of the term of such contract or agreement on the
241 Agency for State Technology.
242 (b) The rules of the Southwood Shared Resource Center that
243 were in effect at 11:59 p.m. on June 30, 2012, shall become the
244 rules of the Agency for State Technology and shall remain in
245 effect until amended or repealed in the manner provided by law.
246 Section 3. Section 14.204, Florida Statutes, is repealed.
247 Section 4. Section 14.206, Florida Statutes, is created to
248 read:
249 14.206 Agency for State Technology; creation; powers and
250 duties.—
251 (1) There is created the Agency for State Technology. The
252 head of the agency shall be the Governor and Cabinet.
253 (2) The following officers, divisions, and units of the
254 agency are established:
255 (a) Under the Chief Technology Officer:
256 1. The Division of Telecommunications.
257 a. SUNCOM.
258 b. State Agency Law Enforcement Radio System.
259 c. State E911 Program.
260 2. The Division of Data Center Operations.
261 a. Northwood Shared Resource Center.
262 b. Southwood Shared Resource Center.
263 3. The Division of Enterprise Service Delivery.
264 a. Enterprise e-mail.
265 (b) Under the Chief Enterprise Applications Officer:
266 1. Enterprise Software Design and Projects.
267 2. Enterprise Software Operations.
268 3. Enterprise Data Standards.
269 4. Enterprise Data Management.
270 (c) Under the Deputy Director of Enterprise Information
271 Technology Standards, Procurement, and Service Design:
272 1. Strategic Planning.
273 2. Enterprise Information Technology Standards.
274 a. Enterprise Information Technology Procurement.
275 b. Information Technology Security and Compliance.
276 3. Enterprise Services Planning and Consolidation.
277 (d) Under the Director of Administration:
278 1. Accounting and Budgeting.
279 2. Personnel.
280 3. Procurement and Contracts.
281 (e) Under the Office of the Executive Director:
282 1. Inspector General.
283 2. Legal.
284 3. Project Management Office.
285 4. Governmental Affairs.
286 (3) The agency shall have an executive director who is the
287 state’s Chief Information Officer and who must be qualified by
288 education and experience for the office. The executive director
289 shall be appointed by the Governor, subject to confirmation by
290 the Cabinet and the Senate, and serve at the pleasure of the
291 Governor and Cabinet. The executive director:
292 (a) Shall be responsible for developing and administering a
293 comprehensive long-range plan for the state’s information
294 technology resources, ensuring the proper management of such
295 resources, and delivering services.
296 (b) Shall appoint a Chief Technology Officer to lead the
297 divisions of the agency dedicated to the operation and delivery
298 of enterprise information technology services.
299 (c) Shall designate a state Chief Information Security
300 Officer.
301 (d) May appoint all employees necessary to thoroughly carry
302 out the duties and responsibilities of the agency.
303 (4) The agency shall operate in a manner that ensures the
304 participation and representation of state agencies.
305 (5) The agency shall have the following duties and
306 responsibilities. The agency shall:
307 (a) Develop and publish a long-term State Information
308 Technology Resources Strategic Plan.
309 (b) Project manage, plan, design, implement, and manage
310 enterprise information technology services.
311 (c) Beginning October 1, 2012, and every 3 months
312 thereafter, provide a status report on its initiatives. The
313 report shall be presented at a meeting of the Governor and
314 Cabinet.
315 (d) Beginning September 1, 2013, and every 3 months
316 thereafter until enterprise information technology service
317 consolidations are complete, provide a status report on the
318 implementation of the consolidations that must be completed
319 during the fiscal year. The report shall be submitted to the
320 Executive Office of the Governor, the Cabinet, the President of
321 the Senate, and the Speaker of the House of Representatives. The
322 report must, at a minimum, describe:
323 1. Whether the consolidation is on schedule, including
324 progress on achieving the milestones necessary for successful
325 and timely consolidation of scheduled agency data centers and
326 computing facilities; and
327 2. The risks that may affect the progress or outcome of the
328 consolidation and how such risks are being mitigated or managed.
329 (e) Set technical standards for information technology,
330 review major information technology projects and procurements,
331 establish information technology security standards, provide for
332 the procurement of information technology resources, excluding
333 human resources, and deliver enterprise information technology
334 services as defined in s. 282.0041.
335 (f) Establish and operate shared resource centers.
336 (g) Establish and deliver enterprise information technology
337 services to serve state agencies on a cost-sharing basis,
338 charging each state agency its proportionate share of the cost
339 of maintaining and delivering a service based on a state
340 agency’s use of the service.
341 (h) Use the following principles to develop a means of
342 chargeback for primary data center services:
343 1. The customers of the primary data center shall provide
344 payments to the primary data center that are sufficient to
345 maintain the solvency of the primary data center operation for
346 all costs not directly funded through the General Appropriations
347 Act.
348 2. Per unit cost of usage shall be the primary basis for
349 pricing, and usage shall be accurately measurable and
350 attributable to the appropriate customer.
351 3. The primary data center shall combine the aggregate
352 purchasing power of large and small customers to achieve
353 collective savings opportunities to all customers.
354 4. Chargeback methodologies shall be devised to consider
355 restrictions on grants to customers.
356 5. Chargeback methodologies should establish incentives
357 that lead to customer usage practices that result in lower costs
358 to the state.
359 6. Chargeback methodologies shall consider technological
360 change when:
361 a. New services require short-term investments before
362 achieving long-term, full-cost recovery for the service.
363 b. Customers of antiquated services may not be able to bear
364 all of the costs for the antiquated services during periods when
365 customers are migrating to replacement services.
366 7. Prices may be established which allow for accrual of
367 cash balances for the purpose of maintaining contingent
368 operating funds and funding planned capital investments. Accrual
369 of the cash balances shall be considered to be costs for the
370 purposes of this section.
371 8. The primary data center may not knowingly enter into an
372 agreement with a customer for more than 2 years if associated
373 charges will not be sufficient to cover the associated
374 proportional costs.
375 9. Flat rate charges may be used only if there are
376 provisions for reconciling charges to comport with actual costs
377 and use.
378 (i) Exercise technical and fiscal tact in determining the
379 best way to deliver enterprise information technology services.
380 (j) Collect and maintain an inventory of the information
381 technology resources in the state agencies.
382 (k) Assume ownership or custody and control of information
383 processing equipment, supplies, and positions required in order
384 to thoroughly carry out the duties and responsibilities of the
385 agency.
386 (l) Adopt rules and policies for the efficient, secure, and
387 economical management and operation of the shared resource
388 centers and state telecommunications services.
389 (m) Provide other public sector organizations as defined in
390 s. 282.0041 with access to the services provided by the agency.
391 Access shall be provided on the same cost basis that applies to
392 state agencies.
393 (n) Ensure that data that is confidential under state or
394 federal law may not be entered into or processed through any
395 shared resource center or network established under the agency
396 until safeguards for the data’s security satisfactory to the
397 department head and the executive director have been designed,
398 installed, and tested and are fully operational. This paragraph
399 may not be construed to prescribe what actions to satisfy a
400 department’s objectives are to be undertaken or to remove from
401 the control and administration of the departments the
402 responsibility for working with the agency to implement
403 safeguards, regardless of whether such control and
404 administration are specifically required by general law or
405 administered under the general program authority and
406 responsibility of the department.
407 (o) Conduct periodic assessments of state agencies for
408 compliance with statewide information technology policies and
409 recommend to the Governor and Cabinet statewide policies for
410 information technology.
411 (6) The agency may adopt rules to carry out its duties and
412 responsibilities.
413 Section 5. Section 282.0041, Florida Statutes, is amended
414 to read:
415 282.0041 Definitions.—As used in this chapter, the term:
416 (1) “Agency” has the same meaning as in s. 216.011(1)(qq),
417 except that for purposes of this chapter, “agency” does not
418 include university boards of trustees or state universities.
419 (1)(2) “Agency for State Enterprise Information Technology”
420 or “agency” means the agency created in s. 14.206 14.204.
421 (2)(3) “Agency information technology service” means a
422 service that directly helps a state an agency fulfill its
423 statutory or constitutional responsibilities and policy
424 objectives and is usually associated with the state agency’s
425 primary or core business functions.
426 (4) “Annual budget meeting” means a meeting of the board of
427 trustees of a primary data center to review data center usage to
428 determine the apportionment of board members for the following
429 fiscal year, review rates for each service provided, and
430 determine any other required changes.
431 (3)(5) “Breach” has the same meaning as in s. 817.5681(4).
432 (4)(6) “Business continuity plan” means a plan for disaster
433 recovery which provides for the continued functioning of a
434 primary data center during and after a disaster.
435 (5)(7) “Computing facility” means a state agency site space
436 containing fewer than a total of 10 physical or logical servers,
437 any of which supports a strategic or nonstrategic information
438 technology service, as described in budget instructions
439 developed pursuant to s. 216.023, but excluding
440 telecommunications and voice gateways and a clustered pair of
441 servers operating as a single logical server to provide file,
442 print, security, and endpoint management services single,
443 logical-server installations that exclusively perform a utility
444 function such as file and print servers.
445 (6) “Computing service” means an information technology
446 service that is used in all state agencies or a subset of
447 agencies and is, therefore, a candidate for being established as
448 an enterprise information technology service. Examples include,
449 but are not limited to, e-mail, service hosting,
450 telecommunications, and disaster recovery.
451 (8) “Customer entity” means an entity that obtains services
452 from a primary data center.
453 (7)(9) “Data center” means state agency space containing 10
454 or more physical or logical servers any of which supports a
455 strategic or nonstrategic information technology service, as
456 described in budget instructions developed pursuant to s.
457 216.023.
458 (10) “Department” means the Department of Management
459 Services.
460 (8)(12) “E-mail, messaging, and calendaring service” means
461 the enterprise information technology service that enables users
462 to send, receive, file, store, manage, and retrieve electronic
463 messages, attachments, appointments, and addresses. The e-mail,
464 messaging, and calendaring service must include e-mail account
465 management; help desk; technical support and user provisioning
466 services; disaster recovery and backup and restore capabilities;
467 antispam and antivirus capabilities; archiving and e-discovery;
468 and remote access and mobile messaging capabilities.
469 (9)(11) “Enterprise information technology service” means
470 an information technology service that is used in all state
471 agencies or a subset of state agencies and is established in law
472 to be designed, delivered, and managed at the enterprise level.
473 Current enterprise information technology services include data
474 center services, e-mail, and security.
475 (10)(13) “Information-system utility” means an information
476 processing a full-service information-processing facility
477 offering hardware, software, operations, integration,
478 networking, floor space, and consulting services.
479 (11)(15) “Information technology policy” means statements
480 that describe clear choices for how information technology will
481 deliver effective and efficient government services to residents
482 and improve state agency operations. A policy may relate to
483 investments, business applications, architecture, or
484 infrastructure. A policy describes its rationale, implications
485 of compliance or noncompliance, the timeline for implementation,
486 metrics for determining compliance, and the accountable
487 structure responsible for its implementation.
488 (12)(14) “Information technology resources” means
489 equipment, hardware, software, firmware, programs, systems,
490 networks, infrastructure, media, and related material used to
491 automatically, electronically, and wirelessly collect, receive,
492 access, transmit, display, store, record, retrieve, analyze,
493 evaluate, process, classify, manipulate, manage, assimilate,
494 control, communicate, exchange, convert, converge, interface,
495 switch, or disseminate information of any kind or form, and
496 includes the human resources to perform such duties, but
497 excludes application developers and logical database
498 administrators.
499 (13) “Local area network” means any telecommunications
500 network through which messages and data are exchanged strictly
501 within a single building or contiguous campus.
502 (14) “Logical database administration” means the resources
503 required to build and maintain database structure, implement and
504 maintain role-based data access controls, and perform
505 performance optimization of data queries and includes the
506 manipulation, transformation, modification, and maintenance of
507 data within a logical database. Typical tasks include schema
508 design and modifications, user provisioning, query tuning, index
509 and statistics maintenance, and data import, export, and
510 manipulation.
511 (15) “Memorandum of understanding” means a written
512 agreement between a shared resource center or the Division of
513 Telecommunications and a state agency which specifies the scope
514 of services provided, service level, duration of the agreement,
515 responsible parties, and service costs. A memorandum of
516 understanding is not a rule pursuant to chapter 120.
517 (16) “Other public sector organizations” means entities of
518 the legislative and judicial branches, the State University
519 System, the Florida Community College System, counties, and
520 municipalities. Such organizations may elect to participate in
521 the information technology programs, services, or contracts
522 offered by the Agency for State Technology, including
523 information technology procurement, in accordance with general
524 law, policies, and administrative rules.
525 (17)(16) “Performance metrics” means the measures of an
526 organization’s activities and performance.
527 (18) “Physical database administration” means the resources
528 responsible for installing, maintaining, and operating an
529 environment within which a database is hosted. Typical tasks
530 include database engine installation, configuration, and
531 security patching, as well as performing backup and restoration
532 of hosted databases, setup and maintenance of instance-based
533 data replication, and monitoring the health and performance of
534 the database environment.
535 (19)(17) “Primary data center” means a data center that is
536 a recipient entity for consolidation of state agency information
537 technology resources nonprimary data centers and computing
538 facilities and that is established by law.
539 (20)(18) “Project” means an endeavor that has a defined
540 start and end point; is undertaken to create or modify a unique
541 product, service, or result; and has specific objectives that,
542 when attained, signify completion.
543 (21)(19) “Risk analysis” means the process of identifying
544 security risks, determining their magnitude, and identifying
545 areas needing safeguards.
546 (22)(20) “Service level” means the key performance
547 indicators (KPI) of an organization or service which must be
548 regularly performed, monitored, and achieved.
549 (21) “Service-level agreement” means a written contract
550 between a data center and a customer entity which specifies the
551 scope of services provided, service level, the duration of the
552 agreement, the responsible parties, and service costs. A
553 service-level agreement is not a rule pursuant to chapter 120.
554 (23) “Shared resource center” means a primary data center
555 that has been designated and assigned specific duties under this
556 chapter or by the Agency for State Technology under s. 14.206.
557 (24)(22) “Standards” means required practices, controls,
558 components, or configurations established by an authority.
559 (25) “State agency” means any official, officer,
560 commission, board, authority, council, committee, or department
561 of the executive branch of state government. The term does not
562 include university boards of trustees or state universities.
563 (26) “State agency site” means a single, contiguous local
564 area network segment that does not traverse a metropolitan area
565 network or wide area network.
566 (27)(23) “SUNCOM Network” means the state enterprise
567 telecommunications system that provides all methods of
568 electronic or optical telecommunications beyond a single
569 building or contiguous building complex and used by entities
570 authorized as network users under this part.
571 (28)(24) “Telecommunications” means the science and
572 technology of communication at a distance, including electronic
573 systems used in the transmission or reception of information.
574 (29)(25) “Threat” means any circumstance or event that may
575 cause harm to the integrity, availability, or confidentiality of
576 information technology resources.
577 (30)(26) “Total cost” means all costs associated with
578 information technology projects or initiatives, including, but
579 not limited to, value of hardware, software, service,
580 maintenance, incremental personnel, and facilities. Total cost
581 of a loan or gift of information technology resources to a state
582 an agency includes the fair market value of the resources.
583 (31)(27) “Usage” means the billing amount charged by the
584 primary data center, less any pass-through charges, to the state
585 agency customer entity.
586 (32)(28) “Usage rate” means a state agency’s customer
587 entity’s usage or billing amount as a percentage of total usage.
588 (33) “Wide area network” means any telecommunications
589 network or components thereof through which messages and data
590 are exchanged outside of a local area network.
591 Section 6. Section 282.0055, Florida Statutes, is amended
592 to read:
593 (Substantial rewording of section. See s. 282.0055,
594 Florida Statutes, for current text.)
595 282.0055 Assignment of enterprise information technology.—
596 (1) In order to establish a systematic process for the
597 planning, design, implementation, procurement, delivery, and
598 maintenance of enterprise information technology services, such
599 duties shall be the responsibility of the Agency for State
600 Technology for executive branch agencies created or authorized
601 in statute to perform legislatively delegated functions. The
602 duties shall be performed in collaboration with the state
603 agencies. The supervision, design, development, delivery, and
604 maintenance of state-agency specific or unique software
605 applications shall remain within the responsibility and control
606 of the individual state agency or other public sector
607 organization.
608 (2) During the 2012-2013 fiscal year, the Agency for State
609 Technology shall, in collaboration with the state agencies and
610 other stakeholders, create a road map for enterprise information
611 technology service consolidation. At a minimum, the road map
612 must include:
613 (a) An enterprise architecture that provides innovative,
614 yet pragmatic and cost-effective offerings.
615 (b) A schedule for the consolidation of state agency data
616 centers.
617 (c) Cost-saving targets and timeframes when the savings
618 will be realized.
619 (d) Recommendations, including cost estimates, for
620 enhancements to the Northwood Shared Resource Center and the
621 Southwood Shared Resource Center that will improve their ability
622 to deliver enterprise information technology services.
623 (3) By October 15th of each year beginning in 2013, the
624 Agency for State Technology shall develop a comprehensive
625 transition plan for scheduled consolidations occurring the next
626 fiscal year. This plan shall be submitted to the Governor, the
627 Cabinet, the President of the Senate, and the Speaker of the
628 House of Representatives. The transition plan shall be developed
629 in consultation with agencies submitting agency transition
630 plans. The comprehensive transition plan must include:
631 (a) Recommendations for accomplishing the proposed
632 transitions as efficiently and effectively as possible with
633 minimal disruption to state agency business processes.
634 (b) Strategies to minimize risks associated with any of the
635 proposed consolidations.
636 (c) A compilation of the state agency transition plans
637 submitted by state agencies scheduled for consolidation for the
638 following fiscal year.
639 (d) An estimate of the cost to provide enterprise
640 information technology services for each state agency scheduled
641 for consolidation.
642 (e) An analysis of the cost effects resulting from the
643 planned consolidations on existing state agencies.
644 (f) The fiscal year adjustments to budget categories in
645 order to absorb the transfer of agency information technology
646 resources pursuant to the legislative budget request
647 instructions provided in s. 216.023.
648 (g) A description of any issues that must be resolved in
649 order to accomplish as efficiently and effectively as possible
650 all consolidations required during the fiscal year.
651 (4) State agencies have the following duties:
652 (a) For the purpose of completing its work activities, each
653 state agency shall provide to the Agency for State Technology
654 all requested information and any other information relevant to
655 the state agency’s ability to effectively transition its
656 information technology resources into the agency.
657 (b) For the purpose of completing its work activities, each
658 state agency shall temporarily assign staff to assist the agency
659 as negotiated between the agency and the state agency.
660 (c) Each state agency identified for consolidation into an
661 enterprise information technology service offering shall submit
662 a transition plan to the Agency for State Technology by
663 September 1 of the fiscal year before the fiscal year in which
664 the scheduled consolidation will occur. Transition plans shall
665 be developed in consultation with the Agency for State
666 Technology and must include:
667 1. An inventory of the state agency data center’s resources
668 being consolidated, including all hardware, software, staff, and
669 contracted services, and the facility resources performing data
670 center management and operations, security, backup and recovery,
671 disaster recovery, system administration, database
672 administration, system programming, job control, production
673 control, print, storage, technical support, help desk, and
674 managed services, but excluding application development.
675 2. A description of the level of services needed to meet
676 the technical and operational requirements of the platforms
677 being consolidated and an estimate of the primary data center’s
678 cost for the provision of such services.
679 3. A description of expected changes to its information
680 technology needs and the timeframe when such changes will occur.
681 4. A description of the information technology resources
682 proposed to remain in the state agency.
683 5. A baseline project schedule for the completion of the
684 consolidation.
685 6. The specific recurring and nonrecurring budget
686 adjustments of budget resources by appropriation category into
687 the appropriate data processing category pursuant to the
688 legislative budget instructions in s. 216.023 necessary to
689 support state agency costs for the transfer.
690 (5)(a) Unless authorized by the Legislature or as provided
691 in paragraphs (b) and (c), a state agency may not:
692 1. Create a new computing service or expand an existing
693 computing service if that service has been designated as an
694 enterprise information technology service.
695 2. Spend funds before the state agency’s scheduled
696 consolidation to an enterprise information technology service to
697 purchase or modify hardware or operations software that does not
698 comply with hardware and software standards established by the
699 Agency for State Technology.
700 3. Unless for the purpose of offsite disaster recovery
701 services, transfer existing computing services to any service
702 provider other than the Agency for State Technology.
703 4. Terminate services with the Agency for State Technology
704 without giving written notice of intent to terminate or transfer
705 services 180 days before such termination or transfer.
706 5. Initiate a new computing service with any service
707 provider other than the Agency for State Technology if that
708 service has been designated as an enterprise information
709 technology service.
710 (b) Exceptions to the limitations in subparagraphs (a)1.,
711 2., 3., and 5. may be granted by the Agency for State Technology
712 if there is insufficient capacity in the primary data centers to
713 absorb the workload associated with agency computing services,
714 expenditures are compatible with the scheduled consolidation and
715 established standards, or the equipment or resources are needed
716 to meet a critical state agency business need that cannot be
717 satisfied from surplus equipment or resources of the primary
718 data center until the state agency data center is consolidated.
719 1. A request for an exception must be submitted in writing
720 to the Agency for State Technology. The agency must accept,
721 accept with conditions, or deny the request within 60 days after
722 receipt of the written request. The agency’s decision is not
723 subject to chapter 120.
724 2. The Agency for State Technology may not approve a
725 request unless it includes, at a minimum:
726 a. A detailed description of the capacity requirements of
727 the state agency requesting the exception.
728 b. Documentation from the state agency head demonstrating
729 why it is critical to the state agency’s mission that the
730 expansion or transfer must be completed within the fiscal year
731 rather than when capacity is established at a primary data
732 center.
733 3. Exceptions to subparagraph (a)4. may be granted by the
734 Agency for State Technology if the termination or transfer of
735 services can be absorbed within the current cost-allocation
736 plan.
737 Section 7. Section 282.0056, Florida Statutes, is amended
738 to read:
739 282.0056 Development of strategic plan; development and
740 administration of work plan; development of implementation
741 plans; and policy recommendations.—
742 (1) In order to provide a systematic process for meeting
743 the state’s technology needs, the executive director shall
744 develop a biennial state Information Technology Strategic Plan.
745 The Governor and Cabinet shall approve the plan before
746 transmitting it to the Legislature, biennially, starting October
747 1, 2013. The plan shall include the following elements:
748 (a) The vision, goals, initiatives, and targets for state
749 information technology for the short term of 2 years, midterm of
750 3 to 5 years, and long term of more than 5 years.
751 (b) An inventory of the information technology resources in
752 state agencies and major projects currently in progress. As used
753 in this section, the term “major project” means projects that
754 cost more than $500,000 to implement.
755 (c) An analysis of opportunities for statewide initiatives
756 that would yield efficiencies, cost savings, or avoidance or
757 improve effectiveness in state programs. The analysis shall
758 include:
759 1. Information technology services that should be designed,
760 delivered, and managed as enterprise information technology
761 services.
762 2. Techniques for consolidating the purchase of information
763 technology commodities and services that may result in savings
764 for the state and for establishing a process to achieve savings
765 through consolidated purchases.
766 (d) Recommended initiatives based on the analysis in
767 paragraph (c).
768 (e) Implementation plans for enterprise information
769 technology services that the agency recommends be established in
770 law in the upcoming fiscal year. The implementation plans shall
771 describe the scope of the service, requirements analyses, costs
772 and savings projects, and a project schedule for statewide
773 implementation.
774 (2) Each state agency shall, biennially, develop its own
775 information technology plan that includes the information
776 required under paragraph (1)(b). The agency shall consult with
777 and assist state agencies in the preparation of these plans.
778 Each state agency shall submit its plan to the agency
779 biennially, starting January 1, 2013.
780 (3) For the purpose of completing its work activities, each
781 state agency shall provide to the agency all requested
782 information, including, but not limited to, the state agency’s
783 costs, service requirements, staffing, and equipment
784 inventories.
785 (4)(1) For the purpose of ensuring accountability for the
786 duties and responsibilities of the executive director and the
787 agency under ss. 14.206 and 282.0055, the executive director For
788 the purposes of carrying out its responsibilities under s.
789 282.0055, the Agency for Enterprise Information Technology shall
790 develop an annual work plan within 60 days after the beginning
791 of the fiscal year describing the activities that the agency
792 intends to undertake for that year and must identify the
793 critical success factors, risks, and issues associated with the
794 work planned. The work plan must also include planned including
795 proposed outcomes and completion timeframes for the planning and
796 implementation of all enterprise information technology
797 services. The work plan must align with the state Information
798 Technology Strategic Plan, be presented at a public hearing, and
799 be approved by the Governor and Cabinet;, and, thereafter, be
800 submitted to the President of the Senate and the Speaker of the
801 House of Representatives. The work plan may be amended as
802 needed, subject to approval by the Governor and Cabinet.
803 (2) The agency may develop and submit to the President of
804 the Senate, the Speaker of the House of Representatives, and the
805 Governor by October 1 of each year implementation plans for
806 proposed enterprise information technology services to be
807 established in law.
808 (3) In developing policy recommendations and implementation
809 plans for established and proposed enterprise information
810 technology services, the agency shall describe the scope of
811 operation, conduct costs and requirements analyses, conduct an
812 inventory of all existing information technology resources that
813 are associated with each service, and develop strategies and
814 timeframes for statewide migration.
815 (4) For the purpose of completing its work activities, each
816 state agency shall provide to the agency all requested
817 information, including, but not limited to, the state agency’s
818 costs, service requirements, and equipment inventories.
819 (5) For the purpose of ensuring accountability for the
820 duties and responsibilities of the executive director and the
821 agency under ss. 14.206 and 282.0055, within 60 days after the
822 end of each fiscal year, the executive director agency shall
823 report to the Governor and Cabinet, the President of the Senate,
824 and the Speaker of the House of Representatives on what was
825 achieved or not achieved in the prior year’s work plan.
826 Section 8. Section 282.201, Florida Statutes, is amended to
827 read:
828 (Substantial rewording of section. See s. 282.201,
829 Florida Statutes, for current text.)
830 282.201 State data center system; agency duties and
831 limitations.—A state data center system that includes all
832 primary data centers, other nonprimary data centers, and
833 computing facilities, and that provides an enterprise
834 information technology service, is established.
835 (1) INTENT.—The Legislature finds that the most efficient
836 and effective means of providing quality utility data processing
837 services to state agencies requires that computing resources be
838 concentrated in quality facilities that provide the proper
839 security, infrastructure, and staff resources to ensure that the
840 state’s data is maintained reliably and safely and is
841 recoverable in the event of a disaster. Efficiencies resulting
842 from such consolidation include the increased ability to
843 leverage technological expertise and hardware and software
844 capabilities; increased savings through consolidated purchasing
845 decisions; and the enhanced ability to deploy technology
846 improvements and implement new policies consistently throughout
847 the consolidated organization. Therefore, it is the intent of
848 the Legislature that state agency data centers and computing
849 facilities be consolidated into the Agency for State Technology
850 to the maximum extent possible by June 30, 2018.
851 (2) AGENCY FOR STATE TECHNOLOGY DUTIES.—The Agency for
852 State Technology shall by October 1 of each year, beginning in
853 2013, provide recommendations to the Governor and Legislature
854 relating to changes to the schedule for the consolidations of
855 state agency data centers. The recommendations must be based on
856 the goals of maximizing efficiency of service delivery and
857 current and future cost savings.
858 (3) STATE AGENCY DUTIES.—
859 (a) Any state agency that is consolidating agency data
860 centers into a primary data center must execute a new or update
861 an existing memorandum of understanding within 60 days after the
862 specified consolidation date, as required by s. 282.203, in
863 order to specify the services and levels of service it is to
864 receive from the primary data center as a result of the
865 consolidation. If a state agency is unable to execute a
866 memorandum of understanding by that date, the state agency shall
867 submit a report to the Executive Office of the Governor, the
868 Cabinet, the President of the Senate, and the Speaker of the
869 House of Representatives within 5 working days after that date
870 which explains the specific issues preventing execution and
871 describes its plan and schedule for resolving those issues.
872 (b) On the date of each consolidation specified in general
873 law or the General Appropriations Act, each state agency shall
874 retain the least-privileged administrative access rights
875 necessary to perform the duties not assigned to the primary data
876 centers.
877 (4) SCHEDULE FOR CONSOLIDATIONS OF STATE AGENCY DATA
878 CENTERS.—Consolidations of agency data centers shall be
879 suspended for the 2012-2013 fiscal year. Consolidations shall
880 resume during the 2013-2014 fiscal year based upon a revised
881 schedule developed by the agency.
882 Section 9. Section 282.203, Florida Statutes, is amended to
883 read:
884 (Substantial rewording of section. See s. 282.203,
885 Florida Statutes, for current text.)
886 282.203 Primary data centers; duties.—
887 (1) Each primary data center shall:
888 (a) Serve participating state agencies as an information
889 system utility.
890 (b) Cooperate with participating state agencies to offer,
891 develop, and support the services and applications.
892 (c) Comply with rules adopted by the Agency for State
893 Technology, pursuant to this section, and coordinate with the
894 agency in the consolidation of data centers.
895 (d) Provide transparent financial statements to
896 participating state agencies.
897 (e) Assume the least-privileged administrative access
898 rights necessary to perform the services provided by the data
899 center for the software and equipment that is consolidated into
900 a primary data center.
901 (2)(a) Each primary data center shall enter into a
902 memorandum of understanding with each participating state agency
903 to provide services. A memorandum of understanding may not have
904 a term exceeding 3 years but may include an option to renew for
905 up to 3 years.
906 (b) The failure to execute a memorandum of understanding
907 within 60 days after service commencement shall, in the case of
908 a participating state agency, result in a continuation of the
909 terms of the memorandum of understanding from the previous
910 fiscal year, including any amendments that were formally
911 proposed to the state agency by the primary data center within
912 the 3 months before service commencement, and a revised cost-of
913 service estimate. If a participating state agency fails to
914 execute a memorandum of understanding within 60 days after
915 service commencement, the data center may cease services.
916 Section 10. Section 282.204, Florida Statutes, is repealed.
917 Section 11. Section 282.205, Florida Statutes, is repealed.
918 Section 12. Section 282.206, Florida Statutes, is created
919 to read:
920 282.206 Fletcher Shared Resource Center.—The Fletcher
921 Shared Resource Center is established as a state agency within
922 the Department of Financial Services.
923 (1) The center shall collaborate with the Agency for State
924 Technology to develop policies, procedures, standards, and rules
925 for the delivery of enterprise information technology services.
926 (2) The center may comply with the policies and rules of
927 the Agency for State Technology related to the design and
928 delivery of enterprise information technology services.
929 (3) The center shall provide colocation services to the
930 Department of Legal Affairs and the Department of Agriculture
931 and Consumer Services.
932 (4) The Department of Financial Services shall continue to
933 use the Fletcher Shared Resource Center, provide full service to
934 the Office of Financial Regulation and the Office of Insurance
935 Regulation, and host the Legislative Appropriations
936 System/Planning and Budgeting Subsystem (LAS/PBS).
937 (5) The center shall be governed through a master
938 memorandum of understanding and complemented by a steering
939 committee comprised of the chief information officers of the
940 Department of Legal Affairs, the Department of Agriculture and
941 Consumer Services, and the Department of Financial Services. The
942 steering committee shall meet quarterly to ensure that customers
943 are receiving expected services in accordance with the
944 memorandum of understanding and to discuss services and
945 structure. The committee may create ad hoc workgroups to account
946 for, mitigate, and manage any unforeseen issues.
947 (6) The Department of Legal Affairs shall move its data
948 center equipment to the center by June 30, 2014.
949 (7) The Department of Agriculture and Consumer Services
950 shall move its Mayo Building data center equipment to the center
951 by June 30, 2014.
952 Section 13. Section 282.33, Florida Statutes, is repealed.
953 Section 14. Section 282.34, Florida Statutes, is amended to
954 read:
955 282.34 Statewide e-mail service.—A statewide e-mail service
956 that includes the delivery and support of e-mail, messaging, and
957 calendaring capabilities is established as an enterprise
958 information technology service as defined in s. 282.0041. The
959 service shall be provisioned designed to meet the needs of all
960 executive branch agencies and may also be used by other public
961 sector nonstate agency entities. The primary goals of the
962 service are to leverage the state’s existing investment in e
963 mail; provide a reliable collaborative communication service to
964 state agencies; minimize the state investment required to
965 establish, operate, and support the statewide service; reduce
966 the cost of current e-mail operations and the number of
967 duplicative e-mail systems; and eliminate the need for each
968 state agency to maintain its own e-mail staff.
969 (1) With the exception of the Department of Agriculture and
970 Consumer Services, the Department of Legal Affairs, and the
971 Department of Financial Services, all state agencies shall
972 receive their primary e-mail services exclusively through the
973 Agency for State Technology. The Southwood Shared Resource
974 Center, a primary data center, shall be the provider of the
975 statewide e-mail service for all state agencies. The center
976 shall centrally host, manage, operate, and support the service,
977 or outsource the hosting, management, operational, or support
978 components of the service in order to achieve the primary goals
979 identified in this section.
980 (2) The Department of Agriculture and Consumer Services,
981 the Department of Financial Services, the Office of Financial
982 Regulation, and the Office of Insurance Regulation may receive
983 e-mail services from the Fletcher Shared Resource Center or the
984 Agency for State Technology. The Agency for Enterprise
985 Information Technology, in cooperation and consultation with all
986 state agencies, shall prepare and submit for approval by the
987 Legislative Budget Commission at a meeting scheduled before June
988 30, 2011, a proposed plan for the migration of all state
989 agencies to the statewide e-mail service. The plan for migration
990 must include:
991 (a) A cost-benefit analysis that compares the total
992 recurring and nonrecurring operating costs of the current agency
993 e-mail systems, including monthly mailbox costs, staffing,
994 licensing and maintenance costs, hardware, and other related e
995 mail product and service costs to the costs associated with the
996 proposed statewide e-mail service. The analysis must also
997 include:
998 1. A comparison of the estimated total 7-year life-cycle
999 cost of the current agency e-mail systems versus the feasibility
1000 of funding the migration and operation of the statewide e-mail
1001 service.
1002 2. An estimate of recurring costs associated with the
1003 energy consumption of current agency e-mail equipment, and the
1004 basis for the estimate.
1005 3. An identification of the overall cost savings resulting
1006 from state agencies migrating to the statewide e-mail service
1007 and decommissioning their agency e-mail systems.
1008 (b) A proposed migration date for all state agencies to be
1009 migrated to the statewide e-mail service. The Agency for
1010 Enterprise Information Technology shall work with the Executive
1011 Office of the Governor to develop the schedule for migrating all
1012 state agencies to the statewide e-mail service except for the
1013 Department of Legal Affairs. The Department of Legal Affairs
1014 shall provide to the Agency for Enterprise Information
1015 Technology by June 1, 2011, a proposed migration date based upon
1016 its decision to participate in the statewide e-mail service and
1017 the identification of any issues that require resolution in
1018 order to migrate to the statewide e-mail service.
1019 (c) A budget amendment, submitted pursuant to chapter 216,
1020 for adjustments to each agency’s approved operating budget
1021 necessary to transfer sufficient budget resources into the
1022 appropriate data processing category to support its statewide e
1023 mail service costs.
1024 (d) A budget amendment, submitted pursuant to chapter 216,
1025 for adjustments to the Southwood Shared Resource Center approved
1026 operating budget to include adjustments in the number of
1027 authorized positions, salary budget and associated rate,
1028 necessary to implement the statewide e-mail service.
1029 (3) Contingent upon approval by the Legislative Budget
1030 Commission, the Southwood Shared Resource Center may contract
1031 for the provision of a statewide e-mail service. Executive
1032 branch agencies must be completely migrated to the statewide e
1033 mail service based upon the migration date included in the
1034 proposed plan approved by the Legislative Budget Commission.
1035 (4) Notwithstanding chapter 216, general revenue funds may
1036 be increased or decreased for each agency provided the net
1037 change to general revenue in total for all agencies is zero or
1038 less.
1039 (5) Subsequent to the approval of the consolidated budget
1040 amendment to reflect budget adjustments necessary to migrate to
1041 the statewide e-mail service, an agency may make adjustments
1042 subject to s. 216.177, notwithstanding provisions in chapter 216
1043 which may require such adjustments to be approved by the
1044 Legislative Budget Commission.
1045 (6) No agency may initiate a new e-mail service or execute
1046 a new e-mail contract or amend a current e-mail contract, other
1047 than with the Southwood Shared Resource Center, for nonessential
1048 products or services unless the Legislative Budget Commission
1049 denies approval for the Southwood Shared Resource Center to
1050 enter into a contract for the statewide e-mail service.
1051 (7) The Agency for Enterprise Information Technology shall
1052 work with the Southwood Shared Resource Center to develop an
1053 implementation plan that identifies and describes the detailed
1054 processes and timelines for an agency’s migration to the
1055 statewide e-mail service based on the migration date approved by
1056 the Legislative Budget Commission. The agency may establish and
1057 coordinate workgroups consisting of agency e-mail management,
1058 information technology, budget, and administrative staff to
1059 assist the agency in the development of the plan.
1060 (8) Each executive branch agency shall provide all
1061 information necessary to develop the implementation plan,
1062 including, but not limited to, required mailbox features and the
1063 number of mailboxes that will require migration services. Each
1064 agency must also identify any known business, operational, or
1065 technical plans, limitations, or constraints that should be
1066 considered when developing the plan.
1067 Section 15. Section 282.702, Florida Statutes, is amended
1068 to read:
1069 282.702 Powers and duties.—The Agency for State Technology
1070 Department of Management Services shall have the following
1071 powers, duties, and functions:
1072 (1) To publish electronically the portfolio of services
1073 available from the agency department, including pricing
1074 information; the policies and procedures governing usage of
1075 available services; and a forecast of the agency’s department’s
1076 priorities for each telecommunications service.
1077 (2) To adopt technical standards by rule for the state
1078 telecommunications network which ensure the interconnection and
1079 operational security of computer networks, telecommunications,
1080 and information systems of agencies.
1081 (3) To enter into agreements related to information
1082 technology and telecommunications services with state agencies
1083 and political subdivisions of the state.
1084 (4) To purchase from or contract with information
1085 technology providers for information technology, including
1086 private line services.
1087 (5) To apply for, receive, and hold authorizations,
1088 patents, copyrights, trademarks, service marks, licenses, and
1089 allocations or channels and frequencies to carry out the
1090 purposes of this part.
1091 (6) To purchase, lease, or otherwise acquire and to hold,
1092 sell, transfer, license, or otherwise dispose of real, personal,
1093 and intellectual property, including, but not limited to,
1094 patents, trademarks, copyrights, and service marks.
1095 (7) To cooperate with any federal, state, or local
1096 emergency management agency in providing for emergency
1097 telecommunications services.
1098 (8) To control and approve the purchase, lease, or
1099 acquisition and the use of telecommunications services,
1100 software, circuits, and equipment provided as part of any other
1101 total telecommunications system to be used by the state or its
1102 agencies.
1103 (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
1104 relating to telecommunications and to administer the provisions
1105 of this part.
1106 (10) To apply for and accept federal funds for the purposes
1107 of this part as well as gifts and donations from individuals,
1108 foundations, and private organizations.
1109 (11) To monitor issues relating to telecommunications
1110 facilities and services before the Florida Public Service
1111 Commission and the Federal Communications Commission and, if
1112 necessary, prepare position papers, prepare testimony, appear as
1113 a witness, and retain witnesses on behalf of state agencies in
1114 proceedings before the commissions.
1115 (12) Unless delegated to the state agencies by the agency
1116 department, to manage and control, but not intercept or
1117 interpret, telecommunications within the SUNCOM Network by:
1118 (a) Establishing technical standards to physically
1119 interface with the SUNCOM Network.
1120 (b) Specifying how telecommunications are transmitted
1121 within the SUNCOM Network.
1122 (c) Controlling the routing of telecommunications within
1123 the SUNCOM Network.
1124 (d) Establishing standards, policies, and procedures for
1125 access to and the security of the SUNCOM Network.
1126 (e) Ensuring orderly and reliable telecommunications
1127 services in accordance with the service level agreements
1128 executed with state agencies.
1129 (13) To plan, design, and conduct experiments for
1130 telecommunications services, equipment, and technologies, and to
1131 implement enhancements in the state telecommunications network
1132 if in the public interest and cost-effective. Funding for such
1133 experiments must be derived from SUNCOM Network service revenues
1134 and may not exceed 2 percent of the annual budget for the SUNCOM
1135 Network for any fiscal year or as provided in the General
1136 Appropriations Act. New services offered as a result of this
1137 subsection may not affect existing rates for facilities or
1138 services.
1139 (14) To enter into contracts or agreements, with or without
1140 competitive bidding or procurement, to make available, on a
1141 fair, reasonable, and nondiscriminatory basis, property and
1142 other structures under agency departmental control for the
1143 placement of new facilities by any wireless provider of mobile
1144 service as defined in 47 U.S.C. s. 153(27) or s. 332(d) and any
1145 telecommunications company as defined in s. 364.02 if it is
1146 practical and feasible to make such property or other structures
1147 available. The agency department may, without adopting a rule,
1148 charge a just, reasonable, and nondiscriminatory fee for the
1149 placement of the facilities, payable annually, based on the fair
1150 market value of space used by comparable telecommunications
1151 facilities in the state. The agency department and a wireless
1152 provider or telecommunications company may negotiate the
1153 reduction or elimination of a fee in consideration of services
1154 provided to the agency department by the wireless provider or
1155 telecommunications company. All such fees collected by the
1156 agency department shall be deposited directly into the Law
1157 Enforcement Radio Operating Trust Fund, and may be used by the
1158 agency department to construct, maintain, or support the system.
1159 (15) Establish policies that ensure that the agency’s
1160 department’s cost-recovery methodologies, billings, receivables,
1161 expenditures, budgeting, and accounting data are captured and
1162 reported timely, consistently, accurately, and transparently and
1163 are in compliance with all applicable federal and state laws and
1164 rules. The agency department shall annually submit to the
1165 Governor, the President of the Senate, and the Speaker of the
1166 House of Representatives a report that describes each service
1167 and its cost, the billing methodology for recovering the cost of
1168 the service, and, if applicable, the identity of those services
1169 that are subsidized.
1170 (16) Develop a plan for statewide voice-over-Internet
1171 protocol services. The plan shall include cost estimates and the
1172 estimated return on investment. The plan shall be submitted to
1173 the Governor, the Cabinet, the President of the Senate, and the
1174 Speaker of the House of Representatives by June 30, 2013.
1175 Section 16. Subsection (2) of section 20.22, Florida
1176 Statutes, is amended to read:
1177 20.22 Department of Management Services.—There is created a
1178 Department of Management Services.
1179 (2) The following divisions and programs within the
1180 Department of Management Services are established:
1181 (a) Facilities Program.
1182 (b) Technology Program.
1183 (b)(c) Workforce Program.
1184 (c)(d)1. Support Program.
1185 2. Federal Property Assistance Program.
1186 (d)(e) Administration Program.
1187 (e)(f) Division of Administrative Hearings.
1188 (f)(g) Division of Retirement.
1189 (g)(h) Division of State Group Insurance.
1190 Section 17. Paragraph (e) of subsection (2) of section
1191 110.205, Florida Statutes, is amended to read:
1192 110.205 Career service; exemptions.—
1193 (2) EXEMPT POSITIONS.—The exempt positions that are not
1194 covered by this part include the following:
1195 (e) The executive director of Chief Information Officer in
1196 the Agency for State Enterprise Information Technology. Unless
1197 otherwise fixed by law, the Governor and Cabinet Agency for
1198 Enterprise Information Technology shall set the salary and
1199 benefits of this position in accordance with the rules of the
1200 Senior Management Service.
1201 Section 18. Paragraph (o) of subsection (1) of section
1202 215.22, Florida Statutes, is amended to read:
1203 215.22 Certain income and certain trust funds exempt.—
1204 (1) The following income of a revenue nature or the
1205 following trust funds shall be exempt from the appropriation
1206 required by s. 215.20(1):
1207 (o) The Communications Working Capital Trust Fund of the
1208 Agency for State Technology Department of Management Services.
1209 Section 19. Subsections (2) and (9) of section 215.322,
1210 Florida Statutes, are amended to read:
1211 215.322 Acceptance of credit cards, charge cards, debit
1212 cards, or electronic funds transfers by state agencies, units of
1213 local government, and the judicial branch.—
1214 (2) A state agency as defined in s. 216.011, or the
1215 judicial branch, may accept credit cards, charge cards, debit
1216 cards, or electronic funds transfers in payment for goods and
1217 services with the prior approval of the Chief Financial Officer.
1218 If the Internet or other related electronic methods are to be
1219 used as the collection medium, the Agency for State Enterprise
1220 Information Technology shall review and recommend to the Chief
1221 Financial Officer whether to approve the request with regard to
1222 the process or procedure to be used.
1223 (9) For payment programs in which credit cards, charge
1224 cards, or debit cards are accepted by state agencies, the
1225 judicial branch, or units of local government, the Chief
1226 Financial Officer, in consultation with the Agency for State
1227 Enterprise Information Technology, may adopt rules to establish
1228 uniform security safeguards for cardholder data and to ensure
1229 compliance with the Payment Card Industry Data Security
1230 Standards.
1231 Section 20. Paragraph (c) of subsection (6) of section
1232 216.292, Florida Statutes, is amended to read:
1233 216.292 Appropriations nontransferable; exceptions.—
1234 (6) The Chief Financial Officer shall transfer from any
1235 available funds of an agency or the judicial branch the
1236 following amounts and shall report all such transfers and the
1237 reasons therefor to the legislative appropriations committees
1238 and the Executive Office of the Governor:
1239 (c) The amount due to the Communications Working Capital
1240 Trust Fund from moneys appropriated in the General
1241 Appropriations Act for the purpose of paying for services
1242 provided by the state communications system in the Agency for
1243 State Technology Department of Management Services which is
1244 unpaid 45 days after the billing date. The amount transferred
1245 shall be that billed by the department.
1246 Section 21. Subsections (3), (4), (5), and (6) of section
1247 282.318, Florida Statutes, are amended to read:
1248 282.318 Enterprise security of data and information
1249 technology.—
1250 (3) The Agency for State Enterprise Information Technology
1251 is responsible for establishing rules and publishing guidelines
1252 for ensuring an appropriate level of security for all data and
1253 information technology resources for executive branch agencies.
1254 The agency shall also perform the following duties and
1255 responsibilities:
1256 (a) Develop, and annually update by February 1, an
1257 enterprise information security strategic plan that includes
1258 security goals and objectives for the strategic issues of
1259 information security policy, risk management, training, incident
1260 management, and survivability planning.
1261 (b) Develop enterprise security rules and published
1262 guidelines for:
1263 1. Comprehensive risk analyses and information security
1264 audits conducted by state agencies.
1265 2. Responding to suspected or confirmed information
1266 security incidents, including suspected or confirmed breaches of
1267 personal information or exempt data.
1268 3. Agency security plans, including strategic security
1269 plans and security program plans.
1270 4. The recovery of information technology and data
1271 following a disaster.
1272 5. The managerial, operational, and technical safeguards
1273 for protecting state government data and information technology
1274 resources.
1275 (c) Assist agencies in complying with the provisions of
1276 this section.
1277 (d) Pursue appropriate funding for the purpose of enhancing
1278 domestic security.
1279 (e) Provide training for agency information security
1280 managers.
1281 (f) Annually review the strategic and operational
1282 information security plans of executive branch agencies.
1283 (4) To assist the Agency for State Enterprise Information
1284 Technology in carrying out its responsibilities, each state
1285 agency head shall, at a minimum:
1286 (a) Designate an information security manager to administer
1287 the security program of the state agency for its data and
1288 information technology resources. This designation must be
1289 provided annually in writing to the Agency for State Enterprise
1290 Information Technology by January 1.
1291 (b) Submit to the Agency for State Enterprise Information
1292 Technology annually by July 31, the state agency’s comprehensive
1293 strategic and operational information security plans developed
1294 pursuant to the rules and guidelines established by the Agency
1295 for State Enterprise Information Technology.
1296 1. The state agency comprehensive strategic information
1297 security plan must cover a 3-year period and define security
1298 goals, intermediate objectives, and projected agency costs for
1299 the strategic issues of agency information security policy, risk
1300 management, security training, security incident response, and
1301 survivability. The plan must be based on the enterprise
1302 strategic information security plan created by the Agency for
1303 State Enterprise Information Technology. Additional issues may
1304 be included.
1305 2. The state agency operational information security plan
1306 must include a progress report for the prior operational
1307 information security plan and a project plan that includes
1308 activities, timelines, and deliverables for security objectives
1309 that, subject to current resources, the state agency will
1310 implement during the current fiscal year. The cost of
1311 implementing the portions of the plan which cannot be funded
1312 from current resources must be identified in the plan.
1313 (c) Conduct, and update every 3 years, a comprehensive risk
1314 analysis to determine the security threats to the data,
1315 information, and information technology resources of the state
1316 agency. The risk analysis information is confidential and exempt
1317 from the provisions of s. 119.07(1), except that such
1318 information shall be available to the Auditor General and the
1319 Agency for State Enterprise Information Technology for
1320 performing postauditing duties.
1321 (d) Develop, and periodically update, written internal
1322 policies and procedures that, which include procedures for
1323 notifying the Agency for State Enterprise Information Technology
1324 when a suspected or confirmed breach, or an information security
1325 incident, occurs. Such policies and procedures must be
1326 consistent with the rules and guidelines established by the
1327 Agency for State Enterprise Information Technology to ensure the
1328 security of the data, information, and information technology
1329 resources of the state agency. The internal policies and
1330 procedures that, if disclosed, could facilitate the unauthorized
1331 modification, disclosure, or destruction of data or information
1332 technology resources are confidential information and exempt
1333 from s. 119.07(1), except that such information shall be
1334 available to the Auditor General and the Agency for State
1335 Enterprise Information Technology for performing postauditing
1336 duties.
1337 (e) Implement appropriate cost-effective safeguards to
1338 address identified risks to the data, information, and
1339 information technology resources of the state agency.
1340 (f) Ensure that periodic internal audits and evaluations of
1341 the state agency’s security program for the data, information,
1342 and information technology resources of the state agency are
1343 conducted. The results of such audits and evaluations are
1344 confidential information and exempt from s. 119.07(1), except
1345 that such information shall be available to the Auditor General
1346 and the Agency for State Enterprise Information Technology for
1347 performing postauditing duties.
1348 (g) Include appropriate security requirements in the
1349 written specifications for the solicitation of information
1350 technology and information technology resources and services,
1351 which are consistent with the rules and guidelines established
1352 by the Agency for State Enterprise Information Technology.
1353 (h) Provide security awareness training to employees and
1354 users of the state agency’s communication and information
1355 resources concerning information security risks and the
1356 responsibility of employees and users to comply with policies,
1357 standards, guidelines, and operating procedures adopted by the
1358 state agency to reduce those risks.
1359 (i) Develop a process for detecting, reporting, and
1360 responding to suspected or confirmed security incidents,
1361 including suspected or confirmed breaches consistent with the
1362 security rules and guidelines established by the Agency for
1363 State Enterprise Information Technology.
1364 1. Suspected or confirmed information security incidents
1365 and breaches must be immediately reported to the Agency for
1366 State Enterprise Information Technology.
1367 2. For incidents involving breaches, agencies shall provide
1368 notice in accordance with s. 817.5681 and to the Agency for
1369 State Enterprise Information Technology in accordance with this
1370 subsection.
1371 (5) Each state agency shall include appropriate security
1372 requirements in the specifications for the solicitation of
1373 contracts for procuring information technology or information
1374 technology resources or services which are consistent with the
1375 rules and guidelines established by the Agency for State
1376 Enterprise Information Technology.
1377 (6) The Agency for State Enterprise Information Technology
1378 may adopt rules relating to information security and to
1379 administer the provisions of this section.
1380 Section 22. Section 282.604, Florida Statutes, is amended
1381 to read:
1382 282.604 Adoption of rules.—The Agency for State Technology
1383 Department of Management Services shall, with input from
1384 stakeholders, adopt rules pursuant to ss. 120.536(1) and 120.54
1385 for the development, procurement, maintenance, and use of
1386 accessible electronic information technology by governmental
1387 units.
1388 Section 23. Section 282.703, Florida Statutes, is amended
1389 to read:
1390 282.703 SUNCOM Network; exemptions from the required use.—
1391 (1) The SUNCOM Network is established within the Agency for
1392 State Technology department as the state enterprise
1393 telecommunications system for providing local and long-distance
1394 communications services to state agencies, political
1395 subdivisions of the state, municipalities, and nonprofit
1396 corporations pursuant to this part. The SUNCOM Network shall be
1397 developed to transmit all types of telecommunications signals,
1398 including, but not limited to, voice, data, video, image, and
1399 radio. State agencies shall cooperate and assist in the
1400 development and joint use of telecommunications systems and
1401 services.
1402 (2) The Agency for State Technology department shall
1403 design, engineer, implement, manage, and operate through state
1404 ownership, commercial leasing, contracted services, or some
1405 combination thereof, the facilities, equipment, and contracts
1406 providing SUNCOM Network services, and shall develop a system of
1407 equitable billings and charges for telecommunications services.
1408 (3) The Agency for State Technology department shall own,
1409 manage, and establish standards for the telecommunications
1410 addressing and numbering plans for the SUNCOM Network. This
1411 includes distributing or revoking numbers and addresses to
1412 authorized users of the network and delegating or revoking the
1413 delegation of management of subsidiary groups of numbers and
1414 addresses to authorized users of the network.
1415 (4) The Agency for State Technology department shall
1416 maintain a directory of information and services which provides
1417 the names, phone numbers, and e-mail addresses for employees,
1418 state agencies, and network devices that are served, in whole or
1419 in part, by the SUNCOM Network. State agencies and political
1420 subdivisions of the state shall cooperate with the Agency for
1421 State Technology department by providing timely and accurate
1422 directory information in the manner established by the Agency
1423 for State Technology department.
1424 (5) All state agencies shall use the SUNCOM Network for
1425 state agency telecommunications services as the services become
1426 available; however, a state an agency is not relieved of
1427 responsibility for maintaining telecommunications services
1428 necessary for effective management of its programs and
1429 functions. The Agency for State Technology department may
1430 provide such communications services to a state university if
1431 requested by the university.
1432 (a) If a SUNCOM Network service does not meet the
1433 telecommunications requirements of a state an agency, the state
1434 agency must notify the Agency for State Technology department in
1435 writing and detail the requirements for that service. If the
1436 agency department is unable to meet a state an agency’s
1437 requirements by enhancing SUNCOM Network service, the Agency for
1438 State Technology department may grant the state agency an
1439 exemption from the required use of specified SUNCOM Network
1440 services.
1441 (b) Unless an exemption has been granted by the agency
1442 department, effective October 1, 2010, all customers of a state
1443 primary data center, excluding state universities, must use the
1444 shared SUNCOM Network telecommunications services connecting the
1445 state primary data center to SUNCOM services for all
1446 telecommunications needs in accordance with rules of the Agency
1447 for State Technology department rules.
1448 1. Upon discovery of customer noncompliance with this
1449 paragraph, the agency department shall provide the affected
1450 customer with a schedule for transferring to the shared
1451 telecommunications services provided by the SUNCOM Network and
1452 an estimate of all associated costs. The state primary data
1453 centers and their customers shall cooperate with the agency
1454 department to accomplish the transfer.
1455 2. Customers may request an exemption from this paragraph
1456 in the same manner as authorized in paragraph (a).
1457 (6) This section may not be construed to require a state
1458 university to use SUNCOM Network communication services.
1459 Section 24. Section 282.704, Florida Statutes, is amended
1460 to read:
1461 282.704 Use of state SUNCOM Network by municipalities.—Any
1462 municipality may request the Agency for State Technology
1463 department to provide any or all of the SUNCOM Network’s
1464 portfolio of communications services upon such terms and
1465 conditions as the agency department may establish. The
1466 requesting municipality shall pay its share of installation and
1467 recurring costs according to the published rates for SUNCOM
1468 Network services and as invoiced by the agency department. Such
1469 municipality shall also pay for any requested modifications to
1470 existing SUNCOM Network services, if any charges apply.
1471 Section 25. Section 282.705, Florida Statutes, is amended
1472 to read:
1473 282.705 Use of state SUNCOM Network by nonprofit
1474 corporations.—
1475 (1) The Agency for State Technology department shall
1476 provide a means whereby private nonprofit corporations under
1477 contract with state agencies or political subdivisions of the
1478 state may use the state SUNCOM Network, subject to the
1479 limitations in this section. In order to qualify to use the
1480 state SUNCOM Network, a nonprofit corporation shall:
1481 (a) Expend the majority of its total direct revenues for
1482 the provision of contractual services to the state, a
1483 municipality, or a political subdivision; and
1484 (b) Receive only a small portion of its total revenues from
1485 any source other than a state agency, a municipality, or a
1486 political subdivision during the time SUNCOM Network services
1487 are requested.
1488 (2) Each nonprofit corporation seeking authorization to use
1489 the state SUNCOM Network shall provide to the agency department,
1490 upon request, proof of compliance with subsection (1).
1491 (3) Nonprofit corporations established pursuant to general
1492 law and an association of municipal governments which is wholly
1493 owned by the municipalities are eligible to use the state SUNCOM
1494 Network, subject to the terms and conditions of the agency
1495 department.
1496 (4) Institutions qualified to participate in the William L.
1497 Boyd, IV, Florida Resident Access Grant Program pursuant to s.
1498 1009.89 are eligible to use the state SUNCOM Network, subject to
1499 the terms and conditions of the agency department. Such entities
1500 are not required to satisfy the other criteria of this section.
1501 (5) Private, nonprofit elementary and secondary schools are
1502 eligible for rates and services on the same basis as public
1503 schools if such schools do not have an endowment in excess of
1504 $50 million.
1505 Section 26. Section 282.706, Florida Statutes, is amended
1506 to read:
1507 282.706 Use of SUNCOM Network by libraries.—The Agency for
1508 State Technology department may provide SUNCOM Network services
1509 to any library in the state, including libraries in public
1510 schools, community colleges, state universities, and nonprofit
1511 private postsecondary educational institutions, and libraries
1512 owned and operated by municipalities and political subdivisions.
1513 This section may not be construed to require a state university
1514 library to use SUNCOM Network services.
1515 Section 27. Section 282.707, Florida Statutes, is amended
1516 to read:
1517 282.707 SUNCOM Network; criteria for usage.—
1518 (1) The Agency for State Technology department and
1519 customers served by the agency department shall periodically
1520 review the qualifications of subscribers using the state SUNCOM
1521 Network and terminate services provided to a facility not
1522 qualified under this part or rules adopted hereunder. In the
1523 event of nonpayment of invoices by subscribers whose SUNCOM
1524 Network invoices are paid from sources other than legislative
1525 appropriations, such nonpayment represents good and sufficient
1526 reason to terminate service.
1527 (2) The Agency for State Technology department shall adopt
1528 rules for implementing and operating the state SUNCOM Network,
1529 which include procedures for withdrawing and restoring
1530 authorization to use the state SUNCOM Network. Such rules shall
1531 provide a minimum of 30 days’ notice to affected parties before
1532 terminating voice communications service.
1533 (3) This section does not limit or restrict the ability of
1534 the Florida Public Service Commission to set jurisdictional
1535 tariffs of telecommunications companies.
1536 Section 28. Section 282.709, Florida Statutes, is amended
1537 to read:
1538 282.709 State agency law enforcement radio system and
1539 interoperability network.—
1540 (1) The Agency for State Technology department may acquire
1541 and administer a statewide radio communications system to serve
1542 law enforcement units of state agencies, and to serve local law
1543 enforcement agencies through mutual aid channels.
1544 (a) The agency department shall, in conjunction with the
1545 Department of Law Enforcement and the Division of Emergency
1546 Management, establish policies, procedures, and standards to be
1547 incorporated into a comprehensive management plan for the use
1548 and operation of the statewide radio communications system.
1549 (b) The agency department shall bear the overall
1550 responsibility for the design, engineering, acquisition, and
1551 implementation of the statewide radio communications system and
1552 for ensuring the proper operation and maintenance of all common
1553 system equipment.
1554 (c)1. The agency department may rent or lease space on any
1555 tower under its control and refuse to lease space on any tower
1556 at any site.
1557 2. The agency department may rent, lease, or sublease
1558 ground space as necessary to locate equipment to support
1559 antennae on the towers. The costs for the use of such space
1560 shall be established by the agency department for each site if
1561 it is determined to be practicable and feasible to make space
1562 available.
1563 3. The agency department may rent, lease, or sublease
1564 ground space on lands acquired by the agency department for the
1565 construction of privately owned or publicly owned towers. The
1566 agency department may, as a part of such rental, lease, or
1567 sublease agreement, require space on such towers for antennae as
1568 necessary for the construction and operation of the state agency
1569 law enforcement radio system or any other state need.
1570 4. All moneys collected by the agency department for rents,
1571 leases, and subleases under this subsection shall be deposited
1572 directly into the State Agency Law Enforcement Radio System
1573 Trust Fund established in subsection (3) and may be used by the
1574 agency department to construct, maintain, or support the system.
1575 5. The positions necessary for the agency department to
1576 accomplish its duties under this subsection shall be established
1577 in the General Appropriations Act and funded by the Law
1578 Enforcement Radio Operating Trust Fund or other revenue sources.
1579 (d) The agency department shall exercise its powers and
1580 duties under this part to plan, manage, and administer the
1581 mutual aid channels in the statewide radio communication system.
1582 1. In implementing such powers and duties, the agency
1583 department shall consult and act in conjunction with the
1584 Department of Law Enforcement and the Division of Emergency
1585 Management, and shall manage and administer the mutual aid
1586 channels in a manner that reasonably addresses the needs and
1587 concerns of the involved law enforcement agencies and emergency
1588 response agencies and entities.
1589 2. The agency department may make the mutual aid channels
1590 available to federal agencies, state agencies, and agencies of
1591 the political subdivisions of the state for the purpose of
1592 public safety and domestic security.
1593 (e) The agency department may allow other state agencies to
1594 use the statewide radio communications system under terms and
1595 conditions established by the agency department.
1596 (2) The Joint Task Force on State Agency Law Enforcement
1597 Communications is created adjunct to the Agency for State
1598 Technology department to advise the agency department of member
1599 agency needs relating to the planning, designing, and
1600 establishment of the statewide communication system.
1601 (a) The Joint Task Force on State Agency Law Enforcement
1602 Communications shall consist of eight members, as follows:
1603 1. A representative of the Division of Alcoholic Beverages
1604 and Tobacco of the Department of Business and Professional
1605 Regulation who shall be appointed by the secretary of the
1606 department.
1607 2. A representative of the Division of Florida Highway
1608 Patrol of the Department of Highway Safety and Motor Vehicles
1609 who shall be appointed by the executive director of the
1610 department.
1611 3. A representative of the Department of Law Enforcement
1612 who shall be appointed by the executive director of the
1613 department.
1614 4. A representative of the Fish and Wildlife Conservation
1615 Commission who shall be appointed by the executive director of
1616 the commission.
1617 5. A representative of the Division of Law Enforcement of
1618 the Department of Environmental Protection who shall be
1619 appointed by the secretary of the department.
1620 6. A representative of the Department of Corrections who
1621 shall be appointed by the secretary of the department.
1622 7. A representative of the Division of State Fire Marshal
1623 of the Department of Financial Services who shall be appointed
1624 by the State Fire Marshal.
1625 8. A representative of the Department of Transportation who
1626 shall be appointed by the secretary of the department.
1627 (b) Each appointed member of the joint task force shall
1628 serve at the pleasure of the appointing official. Any vacancy on
1629 the joint task force shall be filled in the same manner as the
1630 original appointment. A joint task force member may, upon
1631 notification to the chair before the beginning of any scheduled
1632 meeting, appoint an alternative to represent the member on the
1633 task force and vote on task force business in his or her
1634 absence.
1635 (c) The joint task force shall elect a chair from among its
1636 members to serve a 1-year term. A vacancy in the chair of the
1637 joint task force must be filled for the remainder of the
1638 unexpired term by an election of the joint task force members.
1639 (d) The joint task force shall meet as necessary, but at
1640 least quarterly, at the call of the chair and at the time and
1641 place designated by him or her.
1642 (e) The per diem and travel expenses incurred by a member
1643 of the joint task force in attending its meetings and in
1644 attending to its affairs shall be paid pursuant to s. 112.061,
1645 from funds budgeted to the state agency that the member
1646 represents.
1647 (f) The agency department shall provide technical support
1648 to the joint task force.
1649 (3)(a) The State Agency Law Enforcement Radio System Trust
1650 Fund is established in the Agency for State Technology
1651 department and funded from surcharges collected under ss.
1652 318.18, 320.0802, and 328.72. Upon appropriation, moneys in the
1653 trust fund may be used by the agency department to acquire by
1654 competitive procurement the equipment, software, and
1655 engineering, administrative, and maintenance services it needs
1656 to construct, operate, and maintain the statewide radio system.
1657 Moneys in the trust fund from surcharges shall be used to help
1658 fund the costs of the system. Upon completion of the system,
1659 moneys in the trust fund may also be used by the agency
1660 department for payment of the recurring maintenance costs of the
1661 system.
1662 (b) Funds from the State Agency Law Enforcement Radio
1663 System Trust Fund may be used by the agency department to fund
1664 mutual aid buildout maintenance and sustainment as appropriated
1665 by law. This paragraph expires July 1, 2012.
1666 (4) The Agency for State Technology department may create
1667 and administer an interoperability network to enable
1668 interoperability between various radio communications
1669 technologies and to serve federal agencies, state agencies, and
1670 agencies of political subdivisions of the state for the purpose
1671 of public safety and domestic security.
1672 (a) The agency department shall, in conjunction with the
1673 Department of Law Enforcement and the Division of Emergency
1674 Management, exercise its powers and duties pursuant to this
1675 chapter to plan, manage, and administer the interoperability
1676 network. The agency office may:
1677 1. Enter into mutual aid agreements among federal agencies,
1678 state agencies, and political subdivisions of the state for the
1679 use of the interoperability network.
1680 2. Establish the cost of maintenance and operation of the
1681 interoperability network and charge subscribing federal and
1682 local law enforcement agencies for access and use of the
1683 network. The agency department may not charge state law
1684 enforcement agencies identified in paragraph (2)(a) to use the
1685 network.
1686 3. In consultation with the Department of Law Enforcement
1687 and the Division of Emergency Management, amend and enhance the
1688 statewide radio communications system as necessary to implement
1689 the interoperability network.
1690 (b) The agency department, in consultation with the Joint
1691 Task Force on State Agency Law Enforcement Communications, and
1692 in conjunction with the Department of Law Enforcement and the
1693 Division of Emergency Management, shall establish policies,
1694 procedures, and standards to incorporate into a comprehensive
1695 management plan for the use and operation of the
1696 interoperability network.
1697 Section 29. Section 282.7101, Florida Statutes, is amended
1698 to read:
1699 282.7101 Statewide system of regional law enforcement
1700 communications.—
1701 (1) It is the intent and purpose of the Legislature that a
1702 statewide system of regional law enforcement communications be
1703 developed whereby maximum efficiency in the use of existing
1704 radio channels is achieved in order to deal more effectively
1705 with the apprehension of criminals and the prevention of crime.
1706 To this end, all law enforcement agencies within the state are
1707 directed to provide the Agency for State Technology department
1708 with any information the agency department requests for the
1709 purpose of implementing the provisions of subsection (2).
1710 (2) The Agency for State Technology department is hereby
1711 authorized and directed to develop and maintain a statewide
1712 system of regional law enforcement communications. In
1713 formulating such a system, the agency department shall divide
1714 the state into appropriate regions and shall develop a program
1715 that includes, but is not limited to:
1716 (a) The communications requirements for each county and
1717 municipality comprising the region.
1718 (b) An interagency communications provision that depicts
1719 the communication interfaces between municipal, county, and
1720 state law enforcement entities operating within the region.
1721 (c) A frequency allocation and use provision that includes,
1722 on an entity basis, each assigned and planned radio channel and
1723 the type of operation, simplex, duplex, or half-duplex, on each
1724 channel.
1725 (3) The Agency for State Technology department shall adopt
1726 any necessary rules and regulations for administering and
1727 coordinating the statewide system of regional law enforcement
1728 communications.
1729 (4) The executive director secretary of the Agency for
1730 State Technology department or his or her designee is designated
1731 as the director of the statewide system of regional law
1732 enforcement communications and, for the purpose of carrying out
1733 the provisions of this section, may coordinate the activities of
1734 the system with other interested state agencies and local law
1735 enforcement agencies.
1736 (5) A law enforcement communications system may not be
1737 established or expanded without the prior approval of the Agency
1738 for State Technology department.
1739 (6) Within the limits of its capability, the Department of
1740 Law Enforcement is encouraged to lend assistance to the Agency
1741 for State Technology department in the development of the
1742 statewide system of regional law enforcement communications
1743 proposed by this section.
1744 Section 30. Section 282.711, Florida Statutes, is amended
1745 to read:
1746 282.711 Remote electronic access services.—The Agency for
1747 State Technology department may collect fees for providing
1748 remote electronic access pursuant to s. 119.07(2). The fees may
1749 be imposed on individual transactions or as a fixed subscription
1750 for a designated period of time. All fees collected under this
1751 section shall be deposited in the appropriate trust fund of the
1752 program or activity that made the remote electronic access
1753 available.
1754 Section 31. Subsection (14) of section 287.012, Florida
1755 Statutes, is amended to read:
1756 287.012 Definitions.—As used in this part, the term:
1757 (14) “Information technology” means equipment, hardware,
1758 software, firmware, programs, systems, networks, infrastructure,
1759 media, and related material used to automatically,
1760 electronically, and wirelessly collect, receive, access,
1761 transmit, display, store, record, retrieve, analyze, evaluate,
1762 process, classify, manipulate, manage, assimilate, control,
1763 communicate, exchange, convert, converge, interface, switch, or
1764 disseminate information of any kind or form has the meaning
1765 ascribed in s. 282.0041.
1766 Section 32. Subsection (22) of section 287.057, Florida
1767 Statutes, is amended to read:
1768 287.057 Procurement of commodities or contractual
1769 services.—
1770 (22) The department, in consultation with the Agency for
1771 State Enterprise Information Technology and the Chief Financial
1772 Officer Comptroller, shall develop a program for online
1773 procurement of commodities and contractual services. To enable
1774 the state to promote open competition and to leverage its buying
1775 power, agencies shall participate in the online procurement
1776 program, and eligible users may participate in the program. Only
1777 vendors prequalified as meeting mandatory requirements and
1778 qualifications criteria may participate in online procurement.
1779 (a) The department, in consultation with the agency, may
1780 contract for equipment and services necessary to develop and
1781 implement online procurement.
1782 (b) The department, in consultation with the agency, shall
1783 adopt rules, pursuant to ss. 120.536(1) and 120.54, to
1784 administer the program for online procurement. The rules shall
1785 include, but not be limited to:
1786 1. Determining the requirements and qualification criteria
1787 for prequalifying vendors.
1788 2. Establishing the procedures for conducting online
1789 procurement.
1790 3. Establishing the criteria for eligible commodities and
1791 contractual services.
1792 4. Establishing the procedures for providing access to
1793 online procurement.
1794 5. Determining the criteria warranting any exceptions to
1795 participation in the online procurement program.
1796 (c) The department may impose and shall collect all fees
1797 for the use of the online procurement systems.
1798 1. The fees may be imposed on an individual transaction
1799 basis or as a fixed percentage of the cost savings generated. At
1800 a minimum, the fees must be set in an amount sufficient to cover
1801 the projected costs of the services, including administrative
1802 and project service costs in accordance with the policies of the
1803 department.
1804 2. If the department contracts with a provider for online
1805 procurement, the department, pursuant to appropriation, shall
1806 compensate the provider from the fees after the department has
1807 satisfied all ongoing costs. The provider shall report
1808 transaction data to the department each month so that the
1809 department may determine the amount due and payable to the
1810 department from each vendor.
1811 3. All fees that are due and payable to the state on a
1812 transactional basis or as a fixed percentage of the cost savings
1813 generated are subject to s. 215.31 and must be remitted within
1814 40 days after receipt of payment for which the fees are due. For
1815 fees that are not remitted within 40 days, the vendor shall pay
1816 interest at the rate established under s. 55.03(1) on the unpaid
1817 balance from the expiration of the 40-day period until the fees
1818 are remitted.
1819 4. All fees and surcharges collected under this paragraph
1820 shall be deposited in the Operating Trust Fund as provided by
1821 law.
1822 Section 33. Subsection (17) of section 318.18, Florida
1823 Statutes, is amended to read:
1824 318.18 Amount of penalties.—The penalties required for a
1825 noncriminal disposition pursuant to s. 318.14 or a criminal
1826 offense listed in s. 318.17 are as follows:
1827 (17) In addition to any penalties imposed, a surcharge of
1828 $3 must be paid for all criminal offenses listed in s. 318.17
1829 and for all noncriminal moving traffic violations under chapter
1830 316. Revenue from the surcharge shall be remitted to the
1831 Department of Revenue and deposited quarterly into the State
1832 Agency Law Enforcement Radio System Trust Fund of the Agency for
1833 State Technology Department of Management Services for the state
1834 agency law enforcement radio system, as described in s. 282.709,
1835 and to provide technical assistance to state agencies and local
1836 law enforcement agencies with their statewide systems of
1837 regional law enforcement communications, as described in s.
1838 282.7101. This subsection expires July 1, 2012. The Agency for
1839 State Technology Department of Management Services may retain
1840 funds sufficient to recover the costs and expenses incurred for
1841 managing, administering, and overseeing the Statewide Law
1842 Enforcement Radio System, and providing technical assistance to
1843 state agencies and local law enforcement agencies with their
1844 statewide systems of regional law enforcement communications.
1845 The Agency for State Technology Department of Management
1846 Services working in conjunction with the Joint Task Force on
1847 State Agency Law Enforcement Communications shall determine and
1848 direct the purposes for which these funds are used to enhance
1849 and improve the radio system.
1850 Section 34. Section 320.0802, Florida Statutes, is amended
1851 to read:
1852 320.0802 Surcharge on license tax.—There is hereby levied
1853 and imposed on each license tax imposed under s. 320.08, except
1854 those set forth in s. 320.08(11), a surcharge in the amount of
1855 $1, which shall be collected in the same manner as the license
1856 tax and deposited into the State Agency Law Enforcement Radio
1857 System Trust Fund of the Agency for State Technology Department
1858 of Management Services.
1859 Section 35. Subsection (9) of section 328.72, Florida
1860 Statutes, is amended to read:
1861 328.72 Classification; registration; fees and charges;
1862 surcharge; disposition of fees; fines; marine turtle stickers.—
1863 (9) SURCHARGE.—In addition, there is hereby levied and
1864 imposed on each vessel registration fee imposed under subsection
1865 (1) a surcharge in the amount of $1 for each 12-month period of
1866 registration, which shall be collected in the same manner as the
1867 fee and deposited into the State Agency Law Enforcement Radio
1868 System Trust Fund of the Agency for State Technology Department
1869 of Management Services.
1870 Section 36. Section 364.0135, Florida Statutes, is amended
1871 to read:
1872 364.0135 Promotion of broadband adoption.—
1873 (1) The Legislature finds that the sustainable adoption of
1874 broadband Internet service is critical to the economic and
1875 business development of the state and is beneficial for
1876 libraries, schools, colleges and universities, health care
1877 providers, and community organizations. The term “sustainable
1878 adoption” means the ability for communications service providers
1879 to offer broadband services in all areas of the state by
1880 encouraging adoption and utilization levels that allow for these
1881 services to be offered in the free market absent the need for
1882 governmental subsidy.
1883 (2) The Agency for State Technology may Department of
1884 Management Services is authorized to work collaboratively with,
1885 and to receive staffing support and other resources from,
1886 Enterprise Florida, Inc., state agencies, local governments,
1887 private businesses, and community organizations to:
1888 (a) Monitor the adoption of broadband Internet service in
1889 collaboration with communications service providers, including,
1890 but not limited to, wireless and wireline Internet service
1891 providers, to develop geographical information system maps at
1892 the census tract level that will:
1893 1. Identify geographic gaps in broadband services,
1894 including areas unserved by any broadband provider and areas
1895 served by a single broadband provider;
1896 2. Identify the download and upload transmission speeds
1897 made available to businesses and individuals in the state, at
1898 the census tract level of detail, using data rate benchmarks for
1899 broadband service used by the Federal Communications Commission
1900 to reflect different speed tiers; and
1901 3. Provide a baseline assessment of statewide broadband
1902 deployment in terms of percentage of households with broadband
1903 availability.
1904 (b) Create a strategic plan that has goals and strategies
1905 for increasing the use of broadband Internet service in the
1906 state.
1907 (c) Build and facilitate local technology planning teams or
1908 partnerships with members representing cross-sections of the
1909 community, which may include, but are not limited to,
1910 representatives from the following organizations and industries:
1911 libraries, K-12 education, colleges and universities, local
1912 health care providers, private businesses, community
1913 organizations, economic development organizations, local
1914 governments, tourism, parks and recreation, and agriculture.
1915 (d) Encourage the use of broadband Internet service,
1916 especially in the rural, unserved, and underserved communities
1917 of the state through grant programs having effective strategies
1918 to facilitate the statewide deployment of broadband Internet
1919 service. For any grants to be awarded, priority must be given to
1920 projects that:
1921 1. Provide access to broadband education, awareness,
1922 training, access, equipment, and support to libraries, schools,
1923 colleges and universities, health care providers, and community
1924 support organizations.
1925 2. Encourage the sustainable adoption of broadband in
1926 primarily unserved areas by removing barriers to entry.
1927 3. Work toward encouraging investments in establishing
1928 affordable and sustainable broadband Internet service in
1929 unserved areas of the state.
1930 4. Facilitate the development of applications, programs,
1931 and services, including, but not limited to, telework,
1932 telemedicine, and e-learning to increase the usage of, and
1933 demand for, broadband Internet service in the state.
1934 (3) The Agency for State Technology department may apply
1935 for and accept federal funds for purposes of this section, as
1936 well as gifts and donations from individuals, foundations, and
1937 private organizations.
1938 (4) The Agency for State Technology department may:
1939 (a) Enter into contracts necessary or useful to carry out
1940 the purposes of this section.
1941 (b)(5) The department may Establish any committee or
1942 workgroup to administer and carry out the purposes of this
1943 section.
1944 (c)(6) The department may Adopt rules necessary to carry
1945 out the purposes of this section. Any rule, contract, grant, or
1946 other activity undertaken by the agency department shall ensure
1947 that all entities are in compliance with any applicable federal
1948 or state laws, rules, and regulations, including, but not
1949 limited to, those applicable to private entities providing
1950 communications services for hire and the requirements of s.
1951 350.81.
1952 Section 37. Subsections (3), (4), (5), (7), (9), (10), and
1953 (11) of section 365.171, Florida Statutes, are amended to read:
1954 365.171 Emergency communications number E911 state plan.—
1955 (3) DEFINITIONS.—As used in this section, the term:
1956 (a) “Agency” means the Agency for State Technology “Office”
1957 means the Technology Program within the Department of Management
1958 Services, as designated by the secretary of the department.
1959 (b) “Local government” means any city, county, or political
1960 subdivision of the state and its agencies.
1961 (c) “Public agency” means the state and any city, county,
1962 city and county, municipal corporation, chartered organization,
1963 public district, or public authority located in whole or in part
1964 within this state which provides, or has authority to provide,
1965 firefighting, law enforcement, ambulance, medical, or other
1966 emergency services.
1967 (d) “Public safety agency” means a functional division of a
1968 public agency which provides firefighting, law enforcement,
1969 medical, or other emergency services.
1970 (4) STATE PLAN.—The agency office shall develop, maintain,
1971 and implement appropriate modifications for a statewide
1972 emergency communications E911 system plan. The plan shall
1973 provide for:
1974 (a) The public agency emergency communications requirements
1975 for each entity of local government in the state.
1976 (b) A system to meet specific local government
1977 requirements. Such system shall include law enforcement,
1978 firefighting, and emergency medical services and may include
1979 other emergency services such as poison control, suicide
1980 prevention, and emergency management services.
1981 (c) Identification of the mutual aid agreements necessary
1982 to obtain an effective E911 system.
1983 (d) A funding provision that identifies the cost necessary
1984 to implement the E911 system.
1985
1986 The agency office shall be responsible for the implementation
1987 and coordination of such plan. The agency office shall adopt any
1988 necessary rules and schedules related to public agencies for
1989 implementing and coordinating the plan, pursuant to chapter 120.
1990 (5) SYSTEM DIRECTOR.—The executive director of the agency
1991 secretary of the department or his or her designee is designated
1992 as the director of the statewide emergency communications number
1993 E911 system and, for the purpose of carrying out the provisions
1994 of this section, may is authorized to coordinate the activities
1995 of the system with state, county, local, and private agencies.
1996 The director, in implementing the system, shall consult,
1997 cooperate, and coordinate with local law enforcement agencies.
1998 (7) TELECOMMUNICATIONS INDUSTRY COORDINATION.—The agency
1999 office shall coordinate with the Florida Public Service
2000 Commission which shall encourage the Florida telecommunications
2001 industry to activate facility modification plans for timely E911
2002 implementation.
2003 (9) SYSTEM APPROVAL.—An No emergency communications number
2004 E911 system may not shall be established and a and no present
2005 system may not shall be expanded without prior approval of the
2006 agency office.
2007 (10) COMPLIANCE.—All public agencies shall assist the
2008 agency office in their efforts to carry out the intent of this
2009 section, and such agencies shall comply with the developed plan.
2010 (11) FEDERAL ASSISTANCE.—The executive director of the
2011 agency secretary of the department or his or her designee may
2012 apply for and accept federal funding assistance in the
2013 development and implementation of a statewide emergency
2014 communications number E911 system.
2015 Section 38. Paragraphs (a) through (s) of subsection (3) of
2016 section 365.172, Florida Statutes, are redesignated as
2017 paragraphs (b) through (t), respectively, a new paragraph (a) is
2018 added to that subsection, and paragraph (d) of subsection (2),
2019 present paragraph (t) of subsection (3), subsection (4),
2020 paragraph (a) of subsection (5), paragraph (c) of subsection
2021 (6), and paragraph (f) of subsection (12) of that section are
2022 amended to read:
2023 365.172 Emergency communications number “E911.”—
2024 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
2025 to:
2026 (d) Provide for an E911 board to administer the fee, with
2027 oversight by the Agency for State Technology office, in a manner
2028 that is competitively and technologically neutral as to all
2029 voice communications services providers.
2030
2031 It is further the intent of the Legislature that the fee
2032 authorized or imposed by this section not necessarily provide
2033 the total funding required for establishing or providing E911
2034 service.
2035 (3) DEFINITIONS.—Only as used in this section and ss.
2036 365.171, 365.173, and 365.174, the term:
2037 (a) “Agency” means the Agency for State Technology.
2038 (t) “Office” means the Technology Program within the
2039 Department of Management Services, as designated by the
2040 secretary of the department.
2041 (4) POWERS AND DUTIES OF THE AGENCY FOR STATE TECHNOLOGY
2042 OFFICE.—The agency office shall oversee the administration of
2043 the fee authorized and imposed on subscribers of voice
2044 communications services under subsection (8).
2045 (5) THE E911 BOARD.—
2046 (a) The E911 Board is established to administer, with
2047 oversight by the agency office, the fee imposed under subsection
2048 (8), including receiving revenues derived from the fee;
2049 distributing portions of the revenues to wireless providers,
2050 counties, and the agency office; accounting for receipts,
2051 distributions, and income derived by the funds maintained in the
2052 fund; and providing annual reports to the Governor and the
2053 Legislature for submission by the agency office on amounts
2054 collected and expended, the purposes for which expenditures have
2055 been made, and the status of E911 service in this state. In
2056 order to advise and assist the agency office in carrying out the
2057 purposes of this section, the board, which shall have the power
2058 of a body corporate, has the powers enumerated in subsection
2059 (6).
2060 (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
2061 (c) By February 28 of each year, the board shall prepare a
2062 report for submission by the agency office to the Governor, the
2063 President of the Senate, and the Speaker of the House of
2064 Representatives which addresses for the immediately preceding
2065 calendar year:
2066 1. The annual receipts, including the total amount of fee
2067 revenues collected by each provider, the total disbursements of
2068 money in the fund, including the amount of fund-reimbursed
2069 expenses incurred by each wireless provider to comply with the
2070 order, and the amount of moneys on deposit in the fund.
2071 2. Whether the amount of the fee and the allocation
2072 percentages set forth in s. 365.173 have been or should be
2073 adjusted to comply with the requirements of the order or other
2074 provisions of this chapter, and the reasons for making or not
2075 making a recommended adjustment to the fee.
2076 3. Any other issues related to providing E911 services.
2077 4. The status of E911 services in this state.
2078 (12) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance
2079 the public need for reliable E911 services through reliable
2080 wireless systems and the public interest served by governmental
2081 zoning and land development regulations and notwithstanding any
2082 other law or local ordinance to the contrary, the following
2083 standards shall apply to a local government’s actions, as a
2084 regulatory body, in the regulation of the placement,
2085 construction, or modification of a wireless communications
2086 facility. This subsection shall not, however, be construed to
2087 waive or alter the provisions of s. 286.011 or s. 286.0115. For
2088 the purposes of this subsection only, “local government” shall
2089 mean any municipality or county and any agency of a municipality
2090 or county only. The term “local government” does not, however,
2091 include any airport, as defined by s. 330.27(2), even if it is
2092 owned or controlled by or through a municipality, county, or
2093 agency of a municipality or county. Further, notwithstanding
2094 anything in this section to the contrary, this subsection does
2095 not apply to or control a local government’s actions as a
2096 property or structure owner in the use of any property or
2097 structure owned by such entity for the placement, construction,
2098 or modification of wireless communications facilities. In the
2099 use of property or structures owned by the local government,
2100 however, a local government may not use its regulatory authority
2101 so as to avoid compliance with, or in a manner that does not
2102 advance, the provisions of this subsection.
2103 (f) Any other law to the contrary notwithstanding, the
2104 agency Department of Management Services shall negotiate, in the
2105 name of the state, leases for wireless communications facilities
2106 that provide access to state government-owned property not
2107 acquired for transportation purposes, and the Department of
2108 Transportation shall negotiate, in the name of the state, leases
2109 for wireless communications facilities that provide access to
2110 property acquired for state rights-of-way. On property acquired
2111 for transportation purposes, leases shall be granted in
2112 accordance with s. 337.251. On other state government-owned
2113 property, leases shall be granted on a space available, first
2114 come, first-served basis. Payments required by state government
2115 under a lease must be reasonable and must reflect the market
2116 rate for the use of the state government-owned property. The
2117 agency Department of Management Services and the Department of
2118 Transportation are authorized to adopt rules for the terms and
2119 conditions and granting of any such leases.
2120 Section 39. Subsection (1) and paragraph (g) of subsection
2121 (2) of section 365.173, Florida Statutes, are amended to read:
2122 365.173 Emergency Communications Number E911 System Fund.—
2123 (1) All revenues derived from the fee levied on subscribers
2124 under s. 365.172 must be paid by the board into the State
2125 Treasury on or before the 15th day of each month. Such moneys
2126 must be accounted for in a special fund to be designated as the
2127 Emergency Communications Number E911 System Fund, a fund created
2128 in the Agency for State Technology Program, or other office as
2129 designated by the Secretary of Management Services, and, for
2130 accounting purposes, must be segregated into two separate
2131 categories:
2132 (a) The wireless category; and
2133 (b) The nonwireless category.
2134
2135 All moneys must be invested by the Chief Financial Officer
2136 pursuant to s. 17.61. All moneys in such fund are to be expended
2137 by the agency office for the purposes provided in this section
2138 and s. 365.172. These funds are not subject to s. 215.20.
2139 (2) As determined by the board pursuant to s.
2140 365.172(8)(h), and subject to any modifications approved by the
2141 board pursuant to s. 365.172(6)(a)3. or (8)(i), the moneys in
2142 the fund shall be distributed and used only as follows:
2143 (g) Two percent of the moneys in the fund shall be used to
2144 make monthly distributions to rural counties for the purpose of
2145 providing facilities and network and service enhancements and
2146 assistance for the 911 or E911 systems operated by rural
2147 counties and for the provision of grants by the agency office to
2148 rural counties for upgrading and replacing E911 systems.
2149
2150 The Legislature recognizes that the fee authorized under s.
2151 365.172 may not necessarily provide the total funding required
2152 for establishing or providing the E911 service. It is the intent
2153 of the Legislature that all revenue from the fee be used as
2154 specified in this subsection.
2155 Section 40. Subsection (1) of section 365.174, Florida
2156 Statutes, is amended to read:
2157 365.174 Proprietary confidential business information.—
2158 (1) All proprietary confidential business information
2159 submitted by a provider to the board or the Agency for State
2160 Technology office, including the name and billing or service
2161 addresses of service subscribers, and trade secrets as defined
2162 by s. 812.081, is confidential and exempt from s. 119.07(1) and
2163 s. 24(a), Art. I of the State Constitution. Statistical
2164 abstracts of information collected by the board or the agency
2165 office may be released or published, but only in a manner that
2166 does not identify or allow identification of subscribers or
2167 their service numbers or of revenues attributable to any
2168 provider.
2169 Section 41. Section 401.013, Florida Statutes, is amended
2170 to read:
2171 401.013 Legislative intent.—It is the intention and purpose
2172 of the Legislature that a statewide system of regional emergency
2173 medical telecommunications be developed whereby maximum use of
2174 existing radio channels is achieved in order to more effectively
2175 and rapidly provide emergency medical service to the general
2176 population. To this end, all emergency medical service entities
2177 within the state are directed to provide the Agency for State
2178 Technology Department of Management Services with any
2179 information the agency department requests for the purpose of
2180 implementing the provisions of s. 401.015, and such entities
2181 shall comply with the resultant provisions established pursuant
2182 to this part.
2183 Section 42. Section 401.015, Florida Statutes, is amended
2184 to read:
2185 401.015 Statewide regional emergency medical
2186 telecommunication system.—The Agency for State Technology shall
2187 Department of Management Services is authorized and directed to
2188 develop a statewide system of regional emergency medical
2189 telecommunications. For the purpose of this part, the term
2190 “telecommunications” means those voice, data, and signaling
2191 transmissions and receptions between emergency medical service
2192 components, including, but not limited to: ambulances; rescue
2193 vehicles; hospitals or other related emergency receiving
2194 facilities; emergency communications centers; physicians and
2195 emergency medical personnel; paging facilities; law enforcement
2196 and fire protection agencies; and poison control, suicide, and
2197 emergency management agencies. In formulating such a system, the
2198 agency department shall divide the state into appropriate
2199 regions and shall develop a program that which includes, but is
2200 not limited to, the following provisions:
2201 (1) A requirements provision that states, which shall state
2202 the telecommunications requirements for each emergency medical
2203 entity comprising the region.
2204 (2) An interfacility communications provision that depicts,
2205 which shall depict the telecommunications interfaces between the
2206 various medical service entities that which operate within the
2207 region and state.
2208 (3) An organizational layout provision that includes, which
2209 shall include each emergency medical entity and the number of
2210 radio operating units (base, mobile, handheld, etc.) per entity.
2211 (4) A frequency allocation and use provision that includes,
2212 which shall include on an entity basis each assigned and planned
2213 radio channel and the type of operation (simplex, duplex, half
2214 duplex, etc.) on each channel.
2215 (5) An operational provision that includes, which shall
2216 include dispatching, logging, and operating procedures
2217 pertaining to telecommunications on an entity basis and regional
2218 basis.
2219 (6) An emergency medical service telephone provision that
2220 includes, which shall include the telephone and the numbering
2221 plan throughout the region for both the public and interface
2222 requirements.
2223 Section 43. Section 401.018, Florida Statutes, is amended
2224 to read:
2225 401.018 System coordination.—
2226 (1) The statewide system of regional emergency medical
2227 telecommunications shall be developed by the Agency for State
2228 Technology Department of Management Services, which department
2229 shall be responsible for the implementation and coordination of
2230 such system into the state telecommunications plan. The agency
2231 department shall adopt any necessary rules and regulations for
2232 implementing and coordinating such a system.
2233 (2) The Agency for State Technology Department of
2234 Management Services shall be designated as the state frequency
2235 coordinator for the special emergency radio service.
2236 Section 44. Section 401.021, Florida Statutes, is amended
2237 to read:
2238 401.021 System director.—The executive director of the
2239 Agency for State Technology Secretary of Management Services or
2240 his or her designee is designated as the director of the
2241 statewide telecommunications system of the regional emergency
2242 medical service and, for the purpose of carrying out the
2243 provisions of this part, may is authorized to coordinate the
2244 activities of the telecommunications system with other
2245 interested state, county, local, and private agencies.
2246 Section 45. Section 401.024, Florida Statutes, is amended
2247 to read:
2248 401.024 System approval.—An From July 1, 1973, no emergency
2249 medical telecommunications system may not shall be established
2250 and or present systems may not be expanded without prior
2251 approval of the Agency for State Technology Department of
2252 Management Services.
2253 Section 46. Section 401.027, Florida Statutes, is amended
2254 to read:
2255 401.027 Federal assistance.—The executive director of the
2256 Agency for State Technology Secretary of Management Services or
2257 his or her designee may is authorized to apply for and accept
2258 federal funding assistance in the development and implementation
2259 of a statewide emergency medical telecommunications system.
2260 Section 47. Paragraph (a) of subsection (2) of section
2261 401.465, Florida Statutes, is amended to read:
2262 401.465 911 public safety telecommunicator certification.—
2263 (2) PERSONNEL; STANDARDS AND CERTIFICATION.—
2264 (a) Effective October 1, 2012, any person employed as a 911
2265 public safety telecommunicator at a public safety answering
2266 point, as defined in s. 365.172(3)(b) s. 365.172(3)(a), must be
2267 certified by the department.
2268 Section 48. Subsection (4) of section 445.011, Florida
2269 Statutes, is amended to read:
2270 445.011 Workforce information systems.—
2271 (4) Workforce Florida, Inc., shall coordinate development
2272 and implementation of workforce information systems with the
2273 executive director of the Agency for State Enterprise
2274 Information Technology to ensure compatibility with the state’s
2275 information system strategy and enterprise architecture.
2276 Section 49. Subsection (2) and paragraphs (a) and (b) of
2277 subsection (4) of section 445.045, Florida Statutes, are amended
2278 to read:
2279 445.045 Development of an Internet-based system for
2280 information technology industry promotion and workforce
2281 recruitment.—
2282 (2) Workforce Florida, Inc., shall coordinate with the
2283 Agency for State Enterprise Information Technology and the
2284 Department of Economic Opportunity to ensure links, where
2285 feasible and appropriate, to existing job information websites
2286 maintained by the state and state agencies and to ensure that
2287 information technology positions offered by the state and state
2288 agencies are posted on the information technology website.
2289 (4)(a) Workforce Florida, Inc., shall coordinate
2290 development and maintenance of the website under this section
2291 with the executive director of the Agency for State Enterprise
2292 Information Technology to ensure compatibility with the state’s
2293 information system strategy and enterprise architecture.
2294 (b) Workforce Florida, Inc., may enter into an agreement
2295 with the Agency for State Enterprise Information Technology, the
2296 Department of Economic Opportunity, or any other public agency
2297 with the requisite information technology expertise for the
2298 provision of design, operating, or other technological services
2299 necessary to develop and maintain the website.
2300 Section 50. Paragraph (b) of subsection (18) of section
2301 668.50, Florida Statutes, is amended to read:
2302 668.50 Uniform Electronic Transaction Act.—
2303 (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY
2304 GOVERNMENTAL AGENCIES.—
2305 (b) To the extent that a governmental agency uses
2306 electronic records and electronic signatures under paragraph
2307 (a), the Agency for State Enterprise Information Technology, in
2308 consultation with the governmental agency, giving due
2309 consideration to security, may specify:
2310 1. The manner and format in which the electronic records
2311 must be created, generated, sent, communicated, received, and
2312 stored and the systems established for those purposes.
2313 2. If electronic records must be signed by electronic
2314 means, the type of electronic signature required, the manner and
2315 format in which the electronic signature must be affixed to the
2316 electronic record, and the identity of, or criteria that must be
2317 met by, any third party used by a person filing a document to
2318 facilitate the process.
2319 3. Control processes and procedures as appropriate to
2320 ensure adequate preservation, disposition, integrity, security,
2321 confidentiality, and auditability of electronic records.
2322 4. Any other required attributes for electronic records
2323 which are specified for corresponding nonelectronic records or
2324 reasonably necessary under the circumstances.
2325 Section 51. This act shall take effect July 1, 2012.