Florida Senate - 2012                             CS for SB 1498
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Ring
       
       
       
       585-02800-12                                          20121498c1
    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 an executive director who shall be the
   16         state’s Chief Information Officer; requiring the
   17         Governor to appoint a search committee to recommend
   18         candidates for executive director; providing for
   19         organization of the agency; providing duties and
   20         responsibilities of the agency and of the executive
   21         director; prohibiting the agency from using certain
   22         trust funds for certain purposes; authorizing the
   23         agency to adopt rules; reordering and amending s.
   24         282.0041, F.S.; revising and providing definitions of
   25         terms as used in the Enterprise Information Technology
   26         Services Management Act; amending s. 282.0055, F.S.;
   27         revising provisions for assignment of information
   28         technology services; directing the agency to create a
   29         road map for enterprise information technology service
   30         consolidation and a comprehensive transition plan;
   31         requiring the transition plan to be submitted to the
   32         Governor and Cabinet and the Legislature by a certain
   33         date; providing duties for state agencies relating to
   34         the transition plan; prohibiting state agencies from
   35         performing certain technology-related activities;
   36         providing for exceptions; amending s. 282.0056, F.S.;
   37         providing for development by the agency executive
   38         director of a biennial State Information Technology
   39         Strategic Resources Plan for approval by the Governor
   40         and Cabinet; directing state agencies to submit their
   41         own information technology plans and any requested
   42         information to the agency; revising provisions for
   43         development of work plans and implementation plans;
   44         revising provisions for reporting on achievements;
   45         amending s. 282.201, F.S.; revising provisions for a
   46         state data center system; providing legislative
   47         intent; directing the agency to provide
   48         recommendations to the Governor, Cabinet, and
   49         Legislature relating to primary data center
   50         designations and changes to the schedule for the
   51         consolidations of state agency data centers; providing
   52         duties of a state agency consolidating a data center
   53         into a primary data center; revising the scheduled
   54         consolidation dates for state agency data centers;
   55         amending s. 282.203, F.S.; revising duties of primary
   56         data centers; removing provisions for boards of
   57         trustees to head primary data centers; requiring a
   58         memorandum of understanding between the primary data
   59         center and the participating state agency; limiting
   60         the term of the memorandum; providing for failure to
   61         enter into a memorandum; repealing s. 282.204, F.S.,
   62         relating to Northwood Shared Resource Center;
   63         repealing s. 282.205, F.S., relating to Southwood
   64         Shared Resource Center; creating s. 282.206, F.S.;
   65         establishing the Fletcher Shared Resource Center
   66         within the Department of Financial Services to provide
   67         enterprise information technology services; directing
   68         the center to collaborate with the agency; directing
   69         the center to provide collocation services to the
   70         Department of Legal Affairs, the Department of
   71         Agriculture and Consumer Services, and the Department
   72         of Financial Services; directing the Department of
   73         Financial Services to continue to use the center and
   74         provide service to the Office of Financial Regulation
   75         and the Office of Insurance Regulation and host the
   76         Legislative Appropriations System/Planning and
   77         Budgeting Subsystem; providing for governance of the
   78         center; providing for a steering committee to ensure
   79         adequacy and appropriateness of services; directing
   80         the Department of Legal Affairs and the Department of
   81         Agriculture and Consumer Services to move data center
   82         equipment to the center by certain dates; repealing s.
   83         282.33, F.S., relating to objective standards for data
   84         center energy efficiency; amending s. 282.34, F.S.;
   85         revising provisions for a statewide e-mail service to
   86         meet the needs of executive branch agencies; requiring
   87         the agency to reevaluate the current contract for e
   88         mail services; requiring state agencies to receive e
   89         mail services through the agency; authorizing the
   90         Department of Agriculture and Consumer Services, the
   91         Department of Financial Services, the Office of
   92         Financial Regulation, and the Office of Insurance
   93         Regulation to receive e-mail services from the
   94         Fletcher Shared Resource Center or the agency;
   95         amending s. 282.702, F.S.; directing the agency to
   96         develop a plan for statewide voice-over-Internet
   97         protocol services; requiring certain content in the
   98         plan; requiring the plan to be submitted to the
   99         Governor, Cabinet, and Legislature by a certain date;
  100         amending s. 364.0135, F.S.; providing for the agency’s
  101         role in the promotion of broadband Internet service;
  102         providing an additional duty; amending ss. 20.22,
  103         110.205, 215.22, 215.322, 216.292, 282.318, 282.604,
  104         282.703, 282.704, 282.705, 282.706, 282.707, 282.709,
  105         282.7101, 282.711, 287.012, 287.057, 318.18, 320.0802,
  106         328.72, 365.171, 365.172, 365.173, 365.174, 401.013,
  107         401.015, 401.018, 401.021, 401.024, 401.027, 401.465,
  108         445.011, 445.045, and 668.50, F.S., relating to a
  109         financial and cash management system task force,
  110         career service exemptions, trust funds, payment cards
  111         and electronic funds transfers, the Communications
  112         Working Capital Trust Fund, the Enterprise Information
  113         Technology Services Management Act, adoption of rules,
  114         the Communication Information Technology Services Act,
  115         procurement of commodities and contractual services,
  116         the Florida Uniform Disposition of Traffic Infractions
  117         Act, surcharge on vehicle license tax, vessel
  118         registration, broadband Internet service, the
  119         emergency communications number E911, regional
  120         emergency medical telecommunications, the Workforce
  121         Innovation Act of 2000, and the Uniform Electronic
  122         Transaction Act; conforming provisions and cross
  123         references to changes made by the act; revising and
  124         deleting obsolete provisions; providing effective
  125         dates.
  126  
  127  Be It Enacted by the Legislature of the State of Florida:
  128  
  129         Section 1. (1) The Agency for Enterprise Information
  130  Technology is abolished.
  131         (2) All of the powers, duties, functions, records,
  132  personnel, and property; funds, trust funds, and unexpended
  133  balances of appropriations, allocations, and other funds;
  134  administrative authority; administrative rules; pending issues;
  135  and existing contracts of the Agency for Enterprise Information
  136  Technology are transferred by a type one transfer, pursuant to
  137  s. 20.06(1), Florida Statutes, to the Agency for State
  138  Technology.
  139         Section 2. Transfers from the Department of Management
  140  Services.—
  141         (1) The Technology Program established under section
  142  20.22(2), Florida Statutes, is transferred by a type one
  143  transfer, as defined in s. 20.06(1), Florida Statutes, from the
  144  Department of Management Services to the Agency for State
  145  Technology in the Executive Officer of the Governor.
  146         (2) All of the powers, duties, functions, records,
  147  personnel, and property; funds, trust funds, and unexpended
  148  balances of appropriations, allocations, and other funds;
  149  administrative authority; administrative rules; pending issues;
  150  and existing contracts relating to the following
  151  responsibilities are transferred by a type one transfer, as
  152  defined in s. 20.06(1), Florida Statutes, from the Department of
  153  Management Services to the Agency for State Technology in the
  154  Executive Office of the Governor:
  155         (a) Administrative and regulatory responsibilities under
  156  part II of chapter 282, Florida Statutes, consisting of ss.
  157  282.601-282.606, Florida Statutes, relating to accessibility of
  158  electronic information and information technology for state
  159  employees and members of the public with disabilities, including
  160  the responsibility for rules for the development, procurement,
  161  maintenance, and use of accessible electronic information
  162  technology by governmental units pursuant to s. 282.604, Florida
  163  Statutes.
  164         (b) Administrative and regulatory responsibilities under
  165  part III of chapter 282, Florida Statutes, consisting of ss.
  166  282.701-282.711, relating to the state telecommunications
  167  network, state communications, telecommunications services with
  168  state agencies and political subdivisions of the state, the
  169  SUNCOM network, the law enforcement radio system and
  170  interoperability network, regional law enforcement
  171  communications, and remote electronic access.
  172         (c) Administrative and regulatory responsibilities under s.
  173  364.0135, Florida Statutes, relating to broadband Internet
  174  service.
  175         (d) Administrative and regulatory responsibilities under
  176  ss. 365.171, 365.172, 365.173, 365.174, and 365.175, Florida
  177  Statutes, relating to emergency communications number E911.
  178         (e) Administrative and regulatory responsibilities under
  179  part I of chapter 401, Florida Statutes, consisting of ss.
  180  401.013-401.027, relating to a statewide system of regional
  181  emergency medical telecommunications.
  182         (3)(a) The following trust funds are transferred by a type
  183  one transfer, as defined in s. 20.06(1), Florida Statutes, from
  184  the Department of Management Services to the Agency for State
  185  Technology in the Executive Office of the Governor:
  186         1. The Communications Working Capital Trust Fund.
  187         2. The Emergency Communications Number E911 System Fund.
  188         3. The State Agency Law Enforcement Radio System Trust
  189  Fund.
  190         (b) All unexpended balances of appropriations, allocations,
  191  and other funds of the Department of Management Services
  192  relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171
  193  365.175, and part I of chapter 401, Florida Statutes, which are
  194  not specifically transferred by this subsection are transferred
  195  by a type one transfer, as defined in s. 20.06(1), Florida
  196  Statutes, to the Agency for State Technology in the Executive
  197  Office of the Governor.
  198         (4) All lawful orders issued by the Department of
  199  Management Services implementing or enforcing or otherwise in
  200  regard to ss. 282.701-282.711, s. 364.0135, ss. 365.171-365.175,
  201  or part I of chapter 401, Florida Statutes, issued before July
  202  1, 2012, remain in effect and are enforceable on or after that
  203  date unless thereafter modified in accordance with law.
  204         (5) Any binding contract or interagency agreement entered
  205  into pursuant to ss. 282.701-282.711, s. 364.0135, ss. 365.171
  206  365.175, or part I of chapter 401, Florida Statutes, and
  207  existing before July 1, 2012, between the Department of
  208  Management Services or an entity or agent of the department and
  209  any other agency, entity, or person continues as a binding
  210  contract or agreement for the remainder of the term of such
  211  contract or agreement on the Agency for State Technology.
  212         (6) The rules of the Department of Management Services
  213  relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171
  214  365.175, or part I of chapter 401, Florida Statutes, which were
  215  in effect at 11:59 p.m. on June 30, 2012, become rules of the
  216  Agency for State Technology and remain in effect until amended
  217  or repealed in the manner provided by law.
  218         (7) The transfer of regulatory authority under ss. 282.701
  219  282.711, s. 364.0135, ss. 365.171-365.175, or part I of chapter
  220  401, Florida Statutes, provided by this section does not affect
  221  the validity of any judicial or administrative action pending as
  222  of 11:59 p.m. on June 30, 2012, to which the Department of
  223  Management Services is at that time a party, and the Agency for
  224  State Technology shall be substituted as a party in interest in
  225  such action.
  226         (8) The Northwood Shared Resource Center is transferred by
  227  a type one transfer, as defined in s. 20.06(1), Florida
  228  Statutes, from the Department of Management Services to the
  229  Agency for State Technology in the Executive Office of the
  230  Governor.
  231         (a) Any binding contract or interagency agreement entered
  232  into between the Northwood Shared Resource Center or an entity
  233  or agent of the center and any other agency, entity, or person
  234  continues as a binding contract or agreement for the remainder
  235  of the term of such contract or agreement on the Agency for
  236  State Technology.
  237         (b) The rules of the Northwood Shared Resource Center which
  238  were in effect at 11:59 p.m. on June 30, 2012, become rules of
  239  the Agency for State Technology and remain in effect until
  240  amended or repealed in the manner provided by law.
  241         (9) The Southwood Shared Resource Center is transferred by
  242  a type one transfer, as defined in s. 20.06(1), Florida
  243  Statutes, from the Department of Management Services to the
  244  Agency for State Technology in the Executive Office of the
  245  Governor.
  246         (a) Any binding contract or interagency agreement entered
  247  into between the Southwood Shared Resource Center or an entity
  248  or agent of the center and any other agency, entity, or person
  249  continues as a binding contract or agreement for the remainder
  250  of the term of such contract or agreement on the Agency for
  251  State Technology.
  252         (b) The rules of the Southwood Shared Resource Center which
  253  were in effect at 11:59 p.m. on June 30, 2012, become rules of
  254  the Agency for State Technology and remain in effect until
  255  amended or repealed in the manner provided by law.
  256         Section 3. Section 14.204, Florida Statutes, is repealed.
  257         Section 4. Section 14.206, Florida Statutes, is created to
  258  read:
  259         14.206 Agency for State Technology.—The Agency for State
  260  Technology is created in the Executive Office of the Governor.
  261         (1) The head of the agency shall be the Governor and
  262  Cabinet.
  263         (2)The agency is a separate budget entity and is not
  264  subject to control, supervision, or direction by the Executive
  265  Office of the Governor, including, but not limited to,
  266  purchasing, transactions involving real or personal property,
  267  personnel, or budgetary matters.
  268         (3) The agency shall have an executive director who is the
  269  state’s Chief Information Officer and who must be qualified by
  270  education and experience for the office. The executive director
  271  shall be appointed by the Governor, subject to confirmation by
  272  the Cabinet and the Senate, and shall serve at the pleasure of
  273  the Governor and Cabinet.
  274         (a) The executive director:
  275         1. Shall be responsible for developing and administering a
  276  comprehensive long-range plan for the state’s information
  277  technology resources, ensuring the proper management of such
  278  resources, and delivering services.
  279         2. Shall appoint a Chief Technology Officer to lead the
  280  divisions of the agency dedicated to the operation and delivery
  281  of enterprise information technology services.
  282         3. Shall appoint a Chief Operations Officer to lead the
  283  divisions of the agency dedicated to enterprise information
  284  technology policy, planning, standards and procurement.
  285         4. Shall designate a state Chief Information Security
  286  Officer.
  287         5. May appoint all employees necessary to carry out the
  288  duties and responsibilities of the agency.
  289         (b) The Governor shall appoint a search committee to
  290  recruit an executive director for the agency. At a minimum, the
  291  Attorney General, the Chief Financial Officer, and the
  292  Commissioner of Agriculture shall each have one appointment to
  293  the search committee. The committee shall determine the position
  294  description; identify the knowledge, skills, and abilities that
  295  qualified candidates must possess; define and conduct the search
  296  process; and recommend top candidates to the Governor and
  297  Cabinet for their approval. The recommendation of top candidates
  298  shall also include recommended salary ranges.
  299         (4) The following officers, divisions, and units of the
  300  agency are established:
  301         (a) Under the Chief Technology Officer:
  302         1. The Division of Telecommunications which includes:
  303         a. SUNCOM.
  304         b. State Agency Law Enforcement Radio System.
  305         c. State E911 Program.
  306         2. The Division of Data Center Operations which includes:
  307         a. Northwood Shared Resource Center.
  308         b. Southwood Shared Resource Center.
  309         3. The Division of Enterprise Service Delivery which
  310  includes:
  311         a. Enterprise e-mail.
  312         (b) Under the Chief Enterprise Applications Officer:
  313         1. Enterprise Software Design and Projects.
  314         2. Enterprise Software Operations.
  315         3. Enterprise Data Standards.
  316         4. Enterprise Data Management.
  317         (c) Under the Chief Operations Officer:
  318         1. Strategic Planning.
  319         2. Enterprise Information Technology Standards.
  320         a. Enterprise Information Technology Procurement.
  321         b. Information Technology Security and Compliance.
  322         3. Enterprise Services Planning and Consolidation.
  323         4. Enterprise Project Management.
  324         (d) Under the Director of Administration:
  325         1. Accounting and Budgeting.
  326         2. Personnel.
  327         3. Procurement and Contracts.
  328         (e) Under the Office of the Executive Director:
  329         1. Inspector General.
  330         2. Legal.
  331         3. Governmental Affairs.
  332         (5) The agency shall have the following duties and
  333  responsibilities. The agency shall:
  334         (a) Develop and publish a long-term State Information
  335  Technology Resources Strategic Plan.
  336         (b) Initiate, plan, design, implement, and manage
  337  enterprise information technology services.
  338         (c) Beginning October 1, 2012, and every 3 months
  339  thereafter, provide a status report on its initiatives. The
  340  report shall be presented at a meeting of the Governor and
  341  Cabinet.
  342         (d) Beginning September 1, 2013, and every 3 months
  343  thereafter until enterprise information technology service
  344  consolidations are complete, provide a status report on the
  345  implementation of the consolidations that must be completed
  346  during the fiscal year. The report shall be submitted to the
  347  Executive Office of the Governor, the Cabinet, the President of
  348  the Senate, and the Speaker of the House of Representatives. At
  349  a minimum, the report must describe:
  350         1. Whether the consolidation is on schedule, including
  351  progress on achieving the milestones necessary for successful
  352  and timely consolidation of scheduled agency data centers and
  353  computing facilities; and
  354         2. The risks that may affect the progress or outcome of the
  355  consolidation and how such risks are being mitigated or managed.
  356         (e) Set technical standards for information technology,
  357  review major information technology projects and procurements,
  358  establish information technology security standards, provide for
  359  the procurement of information technology resources, excluding
  360  human resources, and deliver enterprise information technology
  361  services as defined in s. 282.0041.
  362         (f) Establish and operate shared resource centers.
  363         (g) Establish and deliver enterprise information technology
  364  services to serve state agencies on a cost-sharing basis,
  365  charging each state agency its proportionate share of the cost
  366  of maintaining and delivering a service based on a state
  367  agency’s use of the service.
  368         (h) Use the following principles to develop a means of
  369  chargeback for primary data center services:
  370         1. The customers of the primary data center shall provide
  371  payments to the primary data center which are sufficient to
  372  maintain the solvency of the primary data center operation for
  373  all costs not directly funded through the General Appropriations
  374  Act.
  375         2. Per-unit cost of usage shall be the primary basis for
  376  pricing, and usage must be accurately measurable and
  377  attributable to the appropriate customer.
  378         3. The primary data center shall combine the aggregate
  379  purchasing power of large and small customers to achieve
  380  collective savings opportunities to all customers.
  381         4. Chargeback methodologies shall be devised to consider
  382  restrictions on grants to customers.
  383         5. Chargeback methodologies should establish incentives
  384  that lead to customer usage practices that result in lower costs
  385  to the state.
  386         6. Chargeback methodologies must consider technological
  387  change when:
  388         a. New services require short-term investments before
  389  achieving long-term, full cost recovery for the service.
  390         b. Customers of antiquated services may not be able to bear
  391  all of the costs for the antiquated services during periods when
  392  customers are migrating to replacement services.
  393         7. Prices may be established which allow for accrual of
  394  cash balances for the purpose of maintaining contingent
  395  operating funds and funding planned capital investments. Accrual
  396  of the cash balances shall be considered costs for the purposes
  397  of this section.
  398         8. The primary data center may not knowingly enter into an
  399  agreement with a customer for more than 2 years if associated
  400  charges will not be sufficient to cover the associated
  401  proportional costs.
  402         9. Flat rate charges may be used only if there are
  403  provisions for reconciling charges to comport with actual costs
  404  and use.
  405         (i) Exercise technical and fiscal prudence in determining
  406  the best way to deliver enterprise information technology
  407  services.
  408         (j) Collect and maintain an inventory of the information
  409  technology resources in the state agencies.
  410         (k) Assume ownership or custody and control of information
  411  processing equipment, supplies, and positions required in order
  412  to thoroughly carry out the agency’s duties and
  413  responsibilities.
  414         (l) Adopt rules and policies for the efficient, secure, and
  415  economical management and operation of the shared resource
  416  centers and state telecommunications services.
  417         (m) Provide other public sector organizations as defined in
  418  s. 282.0041 with access to the services provided by the agency.
  419  Access shall be provided on the same cost basis that applies to
  420  state agencies.
  421         (n) Ensure that data that is confidential under state or
  422  federal law may not be entered into or processed through any
  423  shared resource center or network established under the agency
  424  until safeguards for the data’s security satisfactory to the
  425  agency head and the executive director of the agency have been
  426  designed, installed, and tested and are fully operational. This
  427  paragraph does not prescribe what actions necessary to satisfy a
  428  state agency’s objectives are to be undertaken and does not
  429  remove from the control and administration of the state agency
  430  the responsibility for working with the agency to implement
  431  safeguards, regardless of whether such control and
  432  administration are specifically required by general law or
  433  administered under the general program authority and
  434  responsibility of the state agency.
  435         (o) Conduct periodic assessments of state agencies for
  436  compliance with statewide information technology policies and
  437  recommend to the Governor and Cabinet statewide policies for
  438  information technology.
  439         (6) The agency may not use or direct the spending of
  440  operational information technology trust funds to study and
  441  develop enterprise information strategies, plans, rules,
  442  reports, policies, proposals, budgets, or enterprise information
  443  technology initiatives that are not directly related to
  444  developing information technology services for which usage fees
  445  reimburse the costs of the initiative. As used in this
  446  subsection, the term “operational information technology trust
  447  funds” means funds into which deposits are made on a fee-for
  448  service basis or a trust fund dedicated to a specific
  449  information technology project or system.
  450         (7) The agency shall operate in a manner that ensures the
  451  participation and representation of state agencies.
  452         (8) The agency may adopt rules to carry out its duties and
  453  responsibilities.
  454         Section 5. Section 282.0041, Florida Statutes, is reordered
  455  and amended to read:
  456         282.0041 Definitions.—As used in this chapter, the term:
  457         (1) “Agency” has the same meaning as in s. 216.011(1)(qq),
  458  except that for purposes of this chapter, “agency” does not
  459  include university boards of trustees or state universities.
  460         (1)(2) “Agency for State Enterprise Information Technology”
  461  or “agency” means the agency created in s. 14.206 14.204.
  462         (2)(3) “Agency information technology service” means a
  463  service that directly helps a state an agency fulfill its
  464  statutory or constitutional responsibilities and policy
  465  objectives and is usually associated with the state agency’s
  466  primary or core business functions.
  467         (4) “Annual budget meeting” means a meeting of the board of
  468  trustees of a primary data center to review data center usage to
  469  determine the apportionment of board members for the following
  470  fiscal year, review rates for each service provided, and
  471  determine any other required changes.
  472         (3)(5) “Breach” has the same meaning as in s. 817.5681(4).
  473         (4)(6) “Business continuity plan” means a plan for disaster
  474  recovery which provides for the continued functioning of a
  475  primary data center during and after a disaster.
  476         (5) “Collocation” means the method by which a state
  477  agency’s data center occupies physical space within a shared
  478  resource center where physical floor space, bandwidth, power,
  479  cooling, and physical security are available for an equitable
  480  usage rate and minimal complexity, and allow for the sustained
  481  management and oversight of the collocating agency’s information
  482  technology resources as well as physical and logical database
  483  administration by the collocating agency’s staff.
  484         (6)(7) “Computing facility” means a state agency site space
  485  containing fewer than a total of 10 physical or logical servers,
  486  any of which supports a strategic or nonstrategic information
  487  technology service, as described in budget instructions
  488  developed pursuant to s. 216.023, but excluding
  489  telecommunications and voice gateways and a clustered pair of
  490  servers operating as a single logical server to provide file,
  491  print, security, and endpoint management services single,
  492  logical-server installations that exclusively perform a utility
  493  function such as file and print servers.
  494         (7) “Computing service” means an information technology
  495  service that is used in all state agencies or a subset of
  496  agencies and is, therefore, a candidate for being established as
  497  an enterprise information technology service. Examples include
  498  e-mail, service hosting, telecommunications, and disaster
  499  recovery.
  500         (8) “Customer entity” means an entity that obtains services
  501  from a primary data center.
  502         (8)(9) “Data center” means a state agency site space
  503  containing 10 or more physical or logical servers any of which
  504  supports a strategic or nonstrategic information technology
  505  service, as described in budget instructions developed pursuant
  506  to s. 216.023.
  507         (10) “Department” means the Department of Management
  508  Services.
  509         (10)(11) “Enterprise information technology service” means
  510  an information technology service that is used in all state
  511  agencies or a subset of state agencies and is established in law
  512  to be designed, delivered, and managed at the enterprise level.
  513  Current enterprise information technology services include data
  514  center services, e-mail, and security.
  515         (9)(12) “E-mail, messaging, and calendaring service” means
  516  the enterprise information technology service that enables users
  517  to send, receive, file, store, manage, and retrieve electronic
  518  messages, attachments, appointments, and addresses. The e-mail,
  519  messaging, and calendaring service must include e-mail account
  520  management; help desk; technical support and user provisioning
  521  services; disaster recovery and backup and restore capabilities;
  522  antispam and antivirus capabilities; archiving and e-discovery;
  523  and remote access and mobile messaging capabilities.
  524         (11)(13) “Information-system utility” means an information
  525  processing a full-service information-processing facility
  526  offering hardware, software, operations, integration,
  527  networking, floor space, and consulting services.
  528         (13)(14) “Information technology resources” means
  529  equipment, hardware, software, firmware, programs, systems,
  530  networks, infrastructure, media, and related material used to
  531  automatically, electronically, and wirelessly collect, receive,
  532  access, transmit, display, store, record, retrieve, analyze,
  533  evaluate, process, classify, manipulate, manage, assimilate,
  534  control, communicate, exchange, convert, converge, interface,
  535  switch, or disseminate information of any kind or form, and
  536  includes the human resources to perform such duties, but
  537  excludes application developers and logical database
  538  administrators.
  539         (14) “Local area network” means any telecommunications
  540  network through which messages and data are exchanged strictly
  541  within a single building or contiguous campus.
  542         (12)(15) “Information technology policy” means statements
  543  that describe clear choices for how information technology will
  544  deliver effective and efficient government services to residents
  545  and improve state agency operations. A policy may relate to
  546  investments, business applications, architecture, or
  547  infrastructure. A policy describes its rationale, implications
  548  of compliance or noncompliance, the timeline for implementation,
  549  metrics for determining compliance, and the accountable
  550  structure responsible for its implementation.
  551         (15) “Logical database administration” means the resources
  552  required to build and maintain database structure, implement and
  553  maintain role-based data access controls, and perform
  554  performance optimization of data queries and includes the
  555  manipulation, transformation, modification, and maintenance of
  556  data within a logical database. Typical tasks include schema
  557  design and modifications, user provisioning, query tuning, index
  558  and statistics maintenance, and data import, export, and
  559  manipulation.
  560         (16) “Memorandum of understanding” means a written
  561  agreement between a shared resource center or the Division of
  562  Telecommunications in the agency and a state agency which
  563  specifies the scope of services provided, service level,
  564  duration of the agreement, responsible parties, and service
  565  costs. A memorandum of understanding is not a rule pursuant to
  566  chapter 120.
  567         (17) “Other public sector organizations” means entities of
  568  the legislative and judicial branches, the State Board of
  569  Administration, the State University System, the Florida
  570  Community College System, counties, and municipalities. Such
  571  organizations may elect to participate in the information
  572  technology programs, services, or contracts offered by the
  573  Agency for State Technology, including information technology
  574  procurement, in accordance with general law, policies, and
  575  administrative rules.
  576         (18)(16) “Performance metrics” means the measures of an
  577  organization’s activities and performance.
  578         (19) “Physical database administration” means the resources
  579  responsible for installing, maintaining, and operating an
  580  environment within which a database is hosted. Typical tasks
  581  include database engine installation, configuration, and
  582  security patching, as well as performing backup and restoration
  583  of hosted databases, setup and maintenance of instance-based
  584  data replication, and monitoring the health and performance of
  585  the database environment.
  586         (20)(17) “Primary data center” means a data center that is
  587  a recipient entity for consolidation of state agency information
  588  technology resources nonprimary data centers and computing
  589  facilities and that is established by law.
  590         (21)(18) “Project” means an endeavor that has a defined
  591  start and end point; is undertaken to create or modify a unique
  592  product, service, or result; and has specific objectives that,
  593  when attained, signify completion.
  594         (22)(19) “Risk analysis” means the process of identifying
  595  security risks, determining their magnitude, and identifying
  596  areas needing safeguards.
  597         (23)(20) “Service level” means the key performance
  598  indicators (KPI) of an organization or service which must be
  599  regularly performed, monitored, and achieved.
  600         (21) “Service-level agreement” means a written contract
  601  between a data center and a customer entity which specifies the
  602  scope of services provided, service level, the duration of the
  603  agreement, the responsible parties, and service costs. A
  604  service-level agreement is not a rule pursuant to chapter 120.
  605         (24) “Shared resource center” means a primary data center
  606  that has been designated and assigned specific duties under this
  607  chapter or by the Agency for State Technology under s. 14.206.
  608         (25)(22) “Standards” means required practices, controls,
  609  components, or configurations established by an authority.
  610         (26) “State agency” means any official, officer,
  611  commission, board, authority, council, committee, or department
  612  of the executive branch of state government. The term does not
  613  include the State Board of Administration, university boards of
  614  trustees, or state universities.
  615         (27) “State agency site” means a single, contiguous local
  616  area network segment that does not traverse a metropolitan area
  617  network or wide area network.
  618         (28)(23) “SUNCOM Network” means the state enterprise
  619  telecommunications system that provides all methods of
  620  electronic or optical telecommunications beyond a single
  621  building or contiguous building complex and used by entities
  622  authorized as network users under this part.
  623         (29)(24) “Telecommunications” means the science and
  624  technology of communication at a distance, including electronic
  625  systems used in the transmission or reception of information.
  626         (30)(25) “Threat” means any circumstance or event that may
  627  cause harm to the integrity, availability, or confidentiality of
  628  information technology resources.
  629         (31)(26) “Total cost” means all costs associated with
  630  information technology projects or initiatives, including, but
  631  not limited to, value of hardware, software, service,
  632  maintenance, incremental personnel, and facilities. Total cost
  633  of a loan or gift of information technology resources to a state
  634  an agency includes the fair market value of the resources.
  635         (32)(27) “Usage” means the billing amount charged by the
  636  primary data center, less any pass-through charges, to the state
  637  agency customer entity.
  638         (33)(28) “Usage rate” means a state agency’s customer
  639  entity’s usage or billing amount as a percentage of total usage.
  640         (34) “Wide area network” means any telecommunications
  641  network or components thereof through which messages and data
  642  are exchanged outside of a local area network.
  643         Section 6. Section 282.0055, Florida Statutes, is amended
  644  to read:
  645         (Substantial rewording of section. See
  646         s. 282.0055, Florida Statutes, for current text.)
  647         282.0055 Assignment of enterprise information technology.—
  648         (1) The establishment of a systematic process for the
  649  planning, design, implementation, procurement, delivery, and
  650  maintenance of enterprise information technology services shall
  651  be the responsibility of the Agency for State Technology for
  652  executive branch agencies that are created or authorized in
  653  statute to perform legislatively delegated functions. The
  654  agency’s duties shall be performed in collaboration with the
  655  state agencies. The supervision, design, development, delivery,
  656  and maintenance of state-agency specific or unique software
  657  applications shall remain within the responsibility and control
  658  of the individual state agency or other public sector
  659  organization.
  660         (2) During the 2012-2013 fiscal year, the Agency for State
  661  Technology shall, in collaboration with the state agencies and
  662  other stakeholders, create a road map for enterprise information
  663  technology service consolidation. At a minimum, the road map
  664  must include:
  665         (a) An enterprise architecture that provides innovative,
  666  yet pragmatic and cost-effective offerings.
  667         (b) A schedule for the consolidation of state agency data
  668  centers.
  669         (c) Cost-saving targets and timeframes for when the savings
  670  will be realized.
  671         (d) Recommendations, including cost estimates, for
  672  enhancements to the Northwood Shared Resource Center and the
  673  Southwood Shared Resource Center which will improve their
  674  ability to deliver enterprise information technology services.
  675         (3) By October 15th of each year beginning in 2013, the
  676  Agency for State Technology shall develop a comprehensive
  677  transition plan for scheduled consolidations occurring in the
  678  next fiscal year. This plan shall be submitted to the Governor,
  679  the Cabinet, the President of the Senate, and the Speaker of the
  680  House of Representatives. The transition plan shall be developed
  681  in consultation with other state agencies submitting state
  682  agency transition plans. The comprehensive transition plan must
  683  include:
  684         (a) Recommendations for accomplishing the proposed
  685  transitions as efficiently and effectively as possible with
  686  minimal disruption to state agency business processes.
  687         (b) Strategies to minimize risks associated with any of the
  688  proposed consolidations.
  689         (c) A compilation of the state agency transition plans
  690  submitted by state agencies scheduled for consolidation for the
  691  following fiscal year.
  692         (d) An estimate of the cost to provide enterprise
  693  information technology services for each state agency scheduled
  694  for consolidation.
  695         (e) An analysis of the cost effects resulting from the
  696  planned consolidations on existing state agencies.
  697         (f) The fiscal year adjustments to budget categories in
  698  order to absorb the transfer of state agency information
  699  technology resources pursuant to the legislative budget request
  700  instructions provided in s. 216.023.
  701         (g) A description of any issues that must be resolved in
  702  order to accomplish as efficiently and effectively as possible
  703  all consolidations required during the fiscal year.
  704         (4) State agencies have the following duties:
  705         (a) For the purpose of completing its work activities, each
  706  state agency shall provide to the Agency for State Technology
  707  all requested information and any other information relevant to
  708  the state agency’s ability to effectively transition its
  709  information technology resources into the agency.
  710         (b) For the purpose of completing its work activities, each
  711  state agency shall temporarily assign staff to assist the agency
  712  with designated tasks as negotiated between the agency and the
  713  state agency.
  714         (c) Each state agency identified for consolidation into an
  715  enterprise information technology service offering must submit a
  716  transition plan to the Agency for State Technology by September
  717  1 of the fiscal year before the fiscal year in which the
  718  scheduled consolidation will occur. Transition plans shall be
  719  developed in consultation with the agency and must include:
  720         1. An inventory of the state agency data center’s resources
  721  being consolidated, including all hardware, software, staff, and
  722  contracted services, and the facility resources performing data
  723  center management and operations, security, backup and recovery,
  724  disaster recovery, system administration, database
  725  administration, system programming, mainframe maintenance, job
  726  control, production control, print, storage, technical support,
  727  help desk, and managed services, but excluding application
  728  development.
  729         2. A description of the level of services needed to meet
  730  the technical and operational requirements of the platforms
  731  being consolidated and an estimate of the primary data center’s
  732  cost for the provision of such services.
  733         3. A description of expected changes to its information
  734  technology needs and the timeframe when such changes will occur.
  735         4. A description of the information technology resources
  736  proposed to remain in the state agency.
  737         5. A baseline project schedule for the completion of the
  738  consolidation.
  739         6. The specific recurring and nonrecurring budget
  740  adjustments of budget resources by appropriation category into
  741  the appropriate data processing category pursuant to the
  742  legislative budget instructions in s. 216.023 necessary to
  743  support state agency costs for the transfer.
  744         (5)(a) Unless authorized by the Legislature or as provided
  745  in paragraphs (b) and (c), a state agency may not:
  746         1. Create a new computing service or expand an existing
  747  computing service if that service has been designated as an
  748  enterprise information technology service.
  749         2. Spend funds before the state agency’s scheduled
  750  consolidation to an enterprise information technology service to
  751  purchase or modify hardware or operations software that does not
  752  comply with hardware and software standards established by the
  753  Agency for State Technology.
  754         3. Unless for the purpose of offsite disaster recovery
  755  services, transfer existing computing services to any service
  756  provider other than the Agency for State Technology.
  757         4. Terminate services with the Agency for State Technology
  758  without giving written notice of intent to terminate or transfer
  759  services 180 days before such termination or transfer.
  760         5. Initiate a new computing service with any service
  761  provider other than the Agency for State Technology if that
  762  service has been designated as an enterprise information
  763  technology service.
  764         (b) Exceptions to the limitations in subparagraphs (a)1.,
  765  2., 3., and 5. may be granted by the Agency for State Technology
  766  if there is insufficient capacity in the primary data centers to
  767  absorb the workload associated with agency computing services,
  768  expenditures are compatible with the scheduled consolidation and
  769  established standards, or the equipment or resources are needed
  770  to meet a critical state agency business need that cannot be
  771  satisfied from surplus equipment or resources of the primary
  772  data center until the state agency data center is consolidated.
  773         1. A request for an exception must be submitted in writing
  774  to the Agency for State Technology. The agency must accept,
  775  accept with conditions, or deny the request within 60 days after
  776  receipt of the written request. The agency’s decision is not
  777  subject to chapter 120.
  778         2. The Agency for State Technology may not approve a
  779  request unless it includes, at a minimum:
  780         a. A detailed description of the capacity requirements of
  781  the state agency requesting the exception.
  782         b. Documentation from the state agency head demonstrating
  783  why it is critical to the state agency’s mission that the
  784  expansion or transfer must be completed within the fiscal year
  785  rather than when capacity is established at a primary data
  786  center.
  787         3. Exceptions to subparagraph (a)4. may be granted by the
  788  Agency for State Technology if the termination or transfer of
  789  services can be absorbed within the current cost-allocation
  790  plan.
  791         Section 7. Section 282.0056, Florida Statutes, is amended
  792  to read:
  793         282.0056 Strategic plan, development of work plan, and;
  794  development of implementation plans; and policy
  795  recommendations.—
  796         (1) In order to provide a systematic process for meeting
  797  the state’s technology needs, the executive director of the
  798  Agency for State Technology shall develop a biennial state
  799  Information Technology Resources Strategic Plan. The Governor
  800  and Cabinet shall approve the plan before transmitting it to the
  801  Legislature, biennially, starting October 1, 2013. The plan must
  802  include the following elements:
  803         (a) The vision, goals, initiatives, and targets for state
  804  information technology for the short term of 2 years, midterm of
  805  3 to 5 years, and long term of more than 5 years.
  806         (b) An inventory of the information technology resources in
  807  state agencies and major projects currently in progress and
  808  planned. This does not imply that the agency has approval
  809  authority over major projects. As used in this section, the term
  810  “major project” means projects that cost more than $1 million to
  811  implement.
  812         (c) An analysis of opportunities for statewide initiatives
  813  that would yield efficiencies, cost savings, or avoidance or
  814  improve effectiveness in state programs. The analysis must
  815  include:
  816         1. Information technology services that should be designed,
  817  delivered, and managed as enterprise information technology
  818  services.
  819         2. Techniques for consolidating the purchase of information
  820  technology commodities and services that may result in savings
  821  for the state and for establishing a process to achieve savings
  822  through consolidated purchases.
  823         (d) Recommended initiatives based on the analysis in
  824  paragraph (c).
  825         (e) Implementation plans for enterprise information
  826  technology services that the agency recommends be established in
  827  law in the upcoming fiscal year. The implementation plans must
  828  describe the scope of the service, requirements analyses, costs
  829  and savings projects, and a project schedule for statewide
  830  implementation.
  831         (2) Each state agency shall, biennially, provide to the
  832  agency the inventory required under paragraph (1)(b). The agency
  833  shall consult with and assist state agencies in the preparation
  834  of these inventories. Each state agency shall submit its plan to
  835  the agency biennially, starting January 1, 2013.
  836         (3) For the purpose of completing its work activities, each
  837  state agency shall provide to the agency all requested
  838  information, including, but not limited to, the state agency’s
  839  costs, service requirements, staffing, and equipment
  840  inventories.
  841         (4)(1)For the purpose of ensuring accountability for the
  842  duties and responsibilities of the executive director and the
  843  agency under ss. 14.206 and 282.0055, the executive director For
  844  the purposes of carrying out its responsibilities under s.
  845  282.0055, the Agency for Enterprise Information Technology shall
  846  develop an annual work plan within 60 days after the beginning
  847  of the fiscal year describing the activities that the agency
  848  intends to undertake for that year and identify the critical
  849  success factors, risks, and issues associated with the work
  850  planned. The work plan must also include planned including
  851  proposed outcomes and completion timeframes for the planning and
  852  implementation of all enterprise information technology
  853  services. The work plan must align with the state Information
  854  Technology Strategic Plan, be presented at a public hearing, and
  855  be approved by the Governor and Cabinet;, and, thereafter, be
  856  submitted to the President of the Senate and the Speaker of the
  857  House of Representatives. The work plan may be amended as
  858  needed, subject to approval by the Governor and Cabinet.
  859         (2) The agency may develop and submit to the President of
  860  the Senate, the Speaker of the House of Representatives, and the
  861  Governor by October 1 of each year implementation plans for
  862  proposed enterprise information technology services to be
  863  established in law.
  864         (3) In developing policy recommendations and implementation
  865  plans for established and proposed enterprise information
  866  technology services, the agency shall describe the scope of
  867  operation, conduct costs and requirements analyses, conduct an
  868  inventory of all existing information technology resources that
  869  are associated with each service, and develop strategies and
  870  timeframes for statewide migration.
  871         (4) For the purpose of completing its work activities, each
  872  state agency shall provide to the agency all requested
  873  information, including, but not limited to, the state agency’s
  874  costs, service requirements, and equipment inventories.
  875         (5) For the purpose of ensuring accountability for the
  876  duties and responsibilities of the executive director and the
  877  agency under ss. 14.206 and 282.0055, within 60 days after the
  878  end of each fiscal year, the executive director agency shall
  879  report to the Governor and Cabinet, the President of the Senate,
  880  and the Speaker of the House of Representatives on what was
  881  achieved or not achieved in the prior year’s work plan.
  882         Section 8. Section 282.201, Florida Statutes, is amended to
  883  read:
  884         (Substantial rewording of section. See
  885         s. 282.201, Florida Statutes, for current text.)
  886         282.201 State data center system; agency duties and
  887  limitations.—A state data center system that includes all
  888  primary data centers, other nonprimary data centers, and
  889  computing facilities, and that provides an enterprise
  890  information technology service, is established.
  891         (1) INTENT.—The Legislature finds that the most efficient
  892  and effective means of providing quality utility data processing
  893  services to state agencies requires that computing resources be
  894  concentrated in quality facilities that provide the proper
  895  security, infrastructure, and staff resources to ensure that the
  896  state’s data is maintained reliably and safely and is
  897  recoverable in the event of a disaster. Efficiencies resulting
  898  from such consolidation include the increased ability to
  899  leverage technological expertise and hardware and software
  900  capabilities; increased savings through consolidated purchasing
  901  decisions; and the enhanced ability to deploy technology
  902  improvements and implement new policies consistently throughout
  903  the consolidated organization.
  904         (2) AGENCY FOR STATE TECHNOLOGY DUTIES.—The agency shall:
  905         (a) By October 1, 2013, provide to the Governor and
  906  Cabinet, recommendations for approving, confirming, and removing
  907  primary data center designation. Upon the approval of the
  908  Governor and Cabinet of primary data center designations,
  909  existing primary data center designations are repealed.
  910         (b) By October 1 of each year, beginning in 2013, provide
  911  recommendations to the Governor, Cabinet, and Legislature
  912  relating to changes to the schedule for the consolidations of
  913  state agency data centers. Changes to the consolidation schedule
  914  must be based on the goals of maximizing efficiency of service
  915  delivery and current and future cost savings.
  916         (3) STATE AGENCY DUTIES.—
  917         (a) Any state agency that is consolidating agency data
  918  centers into a primary data center must execute a new or update
  919  an existing memorandum of understanding within 60 days after the
  920  specified consolidation date, as required by s. 282.203, in
  921  order to specify the services and levels of service it is to
  922  receive from the primary data center as a result of the
  923  consolidation. If a state agency is unable to execute a
  924  memorandum of understanding by that date, the state agency shall
  925  submit a report to the Executive Office of the Governor, the
  926  Cabinet, the President of the Senate, and the Speaker of the
  927  House of Representatives within 5 working days after that date
  928  which explains the specific issues preventing execution and
  929  describes its plan and schedule for resolving those issues.
  930         (b) On the date of each consolidation specified in general
  931  law or the General Appropriations Act, each state agency shall
  932  retain the least-privileged administrative access rights
  933  necessary to perform the duties not assigned to the primary data
  934  centers.
  935         (4) SCHEDULE FOR CONSOLIDATIONS OF STATE AGENCY DATA
  936  CENTERS.—Consolidations of state agency data centers are
  937  suspended for the 2012-2013 fiscal year. Consolidations shall
  938  resume during the 2013-2014 fiscal year based upon a revised
  939  schedule developed by the agency. State agency data centers and
  940  computing facilities shall be consolidated into the agency by
  941  June 30, 2018.
  942         Section 9. Section 282.203, Florida Statutes, is amended to
  943  read:
  944         (Substantial rewording of section. See
  945         s. 282.203, Florida Statutes, for current text.)
  946         282.203 Primary data centers; duties.—
  947         (1) Each primary data center shall:
  948         (a) Serve participating state agencies as an information
  949  system utility.
  950         (b) Cooperate with participating state agencies to offer,
  951  develop, and support the services and applications.
  952         (c) Comply with rules adopted by the Agency for State
  953  Technology, pursuant to this section, and coordinate with the
  954  agency in the consolidation of data centers.
  955         (d) Provide transparent financial statements to
  956  participating state agencies.
  957         (e) Assume the least-privileged administrative access
  958  rights necessary to perform the services provided by the data
  959  center for the software and equipment that is consolidated into
  960  a primary data center.
  961         (2) Each primary data center shall enter into a memorandum
  962  of understanding with each participating state agency to provide
  963  services. A memorandum of understanding may not have a term
  964  exceeding 3 years but may include an option to renew for up to 3
  965  years. Failure to execute a memorandum within 60 days after
  966  service commencement shall, in the case of a participating state
  967  agency, result in the continuation of the terms of the
  968  memorandum of understanding from the previous fiscal year,
  969  including any amendments that were formally proposed to the
  970  state agency by the primary data center within the 3 months
  971  before service commencement, and a revised cost-of-service
  972  estimate. If a participating state agency fails to execute a
  973  memorandum of understanding within 60 days after service
  974  commencement, the data center may cease providing services.
  975         Section 10. Effective December 31, 2013, section 282.204,
  976  Florida Statutes, is repealed.
  977         Section 11. Effective December 31, 2013, section 282.205,
  978  Florida Statutes, is repealed.
  979         Section 12. Section 282.206, Florida Statutes, is created
  980  to read:
  981         282.206 Fletcher Shared Resource Center.—The Fletcher
  982  Shared Resource Center is established as a state agency within
  983  the Department of Financial Services.
  984         (1) The center shall collaborate with the Agency for State
  985  Technology to develop policies, procedures, standards, and rules
  986  for the delivery of enterprise information technology services.
  987         (2) The center may comply with the policies and rules of
  988  the Agency for State Technology related to the design and
  989  delivery of enterprise information technology services.
  990         (3) The center shall provide collocation services to the
  991  Department of Legal Affairs and the Department of Agriculture
  992  and Consumer Services.
  993         (4) The Department of Financial Services shall continue to
  994  use the Fletcher Shared Resource Center, provide full service to
  995  the Office of Financial Regulation and the Office of Insurance
  996  Regulation, and host the Legislative Appropriations
  997  System/Planning and Budgeting Subsystem (LAS/PBS).
  998         (5) The center shall be governed through a master
  999  memorandum of understanding and complemented by a steering
 1000  committee comprised of the chief information officers of the
 1001  Department of Legal Affairs, the Department of Agriculture and
 1002  Consumer Services, and the Department of Financial Services. The
 1003  steering committee shall meet quarterly to ensure that customers
 1004  are receiving expected services in accordance with the
 1005  memorandum of understanding and to discuss services and
 1006  structure. The committee may create ad hoc workgroups to account
 1007  for, mitigate, and manage any unforeseen issues.
 1008         (6) The Department of Legal Affairs shall move its data
 1009  center equipment to the center by June 30, 2014.
 1010         (7) The Department of Agriculture and Consumer Services
 1011  shall move its Mayo Building data center equipment to the center
 1012  by June 30, 2014.
 1013         Section 13. Section 282.33, Florida Statutes, is repealed.
 1014         Section 14. Section 282.34, Florida Statutes, is amended to
 1015  read:
 1016         282.34 Statewide e-mail service.—A statewide e-mail service
 1017  that includes the delivery and support of e-mail, messaging, and
 1018  calendaring capabilities is established as an enterprise
 1019  information technology service as defined in s. 282.0041. The
 1020  service shall be provisioned designed to meet the needs of all
 1021  executive branch agencies and may also be used by other public
 1022  sector nonstate agency entities. The primary goals of the
 1023  service are to leverage the state’s existing investment in e
 1024  mail; provide a reliable collaborative communication service to
 1025  state agencies; minimize the state investment required to
 1026  establish, operate, and support the statewide service; reduce
 1027  the cost of current e-mail operations and the number of
 1028  duplicative e-mail systems; and eliminate the need for each
 1029  state agency to maintain its own e-mail staff.
 1030         (1) The Agency for State Technology shall reevaluate the
 1031  current contract for enterprise e-mail services to ensure it
 1032  meets the primary goals of the service.
 1033         (2) Except as specified in subsection (3), all state
 1034  agencies shall receive their primary e-mail services exclusively
 1035  through the Agency for State Technology.
 1036         (3) The Department of Agriculture and Consumer Services,
 1037  the Department of Legal Affairs, the Department of Financial
 1038  Services, the Office of Financial Regulation, the Office of
 1039  Insurance Regulation, and the State Board of Administration may
 1040  receive e-mail services from the Fletcher Shared Resource Center
 1041  or the Agency for State Technology.
 1042         (1) The Southwood Shared Resource Center, a primary data
 1043  center, shall be the provider of the statewide e-mail service
 1044  for all state agencies. The center shall centrally host, manage,
 1045  operate, and support the service, or outsource the hosting,
 1046  management, operational, or support components of the service in
 1047  order to achieve the primary goals identified in this section.
 1048         (2) The Agency for Enterprise Information Technology, in
 1049  cooperation and consultation with all state agencies, shall
 1050  prepare and submit for approval by the Legislative Budget
 1051  Commission at a meeting scheduled before June 30, 2011, a
 1052  proposed plan for the migration of all state agencies to the
 1053  statewide e-mail service. The plan for migration must include:
 1054         (a) A cost-benefit analysis that compares the total
 1055  recurring and nonrecurring operating costs of the current agency
 1056  e-mail systems, including monthly mailbox costs, staffing,
 1057  licensing and maintenance costs, hardware, and other related e
 1058  mail product and service costs to the costs associated with the
 1059  proposed statewide e-mail service. The analysis must also
 1060  include:
 1061         1. A comparison of the estimated total 7-year life-cycle
 1062  cost of the current agency e-mail systems versus the feasibility
 1063  of funding the migration and operation of the statewide e-mail
 1064  service.
 1065         2. An estimate of recurring costs associated with the
 1066  energy consumption of current agency e-mail equipment, and the
 1067  basis for the estimate.
 1068         3. An identification of the overall cost savings resulting
 1069  from state agencies migrating to the statewide e-mail service
 1070  and decommissioning their agency e-mail systems.
 1071         (b) A proposed migration date for all state agencies to be
 1072  migrated to the statewide e-mail service. The Agency for
 1073  Enterprise Information Technology shall work with the Executive
 1074  Office of the Governor to develop the schedule for migrating all
 1075  state agencies to the statewide e-mail service except for the
 1076  Department of Legal Affairs. The Department of Legal Affairs
 1077  shall provide to the Agency for Enterprise Information
 1078  Technology by June 1, 2011, a proposed migration date based upon
 1079  its decision to participate in the statewide e-mail service and
 1080  the identification of any issues that require resolution in
 1081  order to migrate to the statewide e-mail service.
 1082         (c) A budget amendment, submitted pursuant to chapter 216,
 1083  for adjustments to each agency’s approved operating budget
 1084  necessary to transfer sufficient budget resources into the
 1085  appropriate data processing category to support its statewide e
 1086  mail service costs.
 1087         (d) A budget amendment, submitted pursuant to chapter 216,
 1088  for adjustments to the Southwood Shared Resource Center approved
 1089  operating budget to include adjustments in the number of
 1090  authorized positions, salary budget and associated rate,
 1091  necessary to implement the statewide e-mail service.
 1092         (3) Contingent upon approval by the Legislative Budget
 1093  Commission, the Southwood Shared Resource Center may contract
 1094  for the provision of a statewide e-mail service. Executive
 1095  branch agencies must be completely migrated to the statewide e
 1096  mail service based upon the migration date included in the
 1097  proposed plan approved by the Legislative Budget Commission.
 1098         (4) Notwithstanding chapter 216, general revenue funds may
 1099  be increased or decreased for each agency provided the net
 1100  change to general revenue in total for all agencies is zero or
 1101  less.
 1102         (5) Subsequent to the approval of the consolidated budget
 1103  amendment to reflect budget adjustments necessary to migrate to
 1104  the statewide e-mail service, an agency may make adjustments
 1105  subject to s. 216.177, notwithstanding provisions in chapter 216
 1106  which may require such adjustments to be approved by the
 1107  Legislative Budget Commission.
 1108         (6) No agency may initiate a new e-mail service or execute
 1109  a new e-mail contract or amend a current e-mail contract, other
 1110  than with the Southwood Shared Resource Center, for nonessential
 1111  products or services unless the Legislative Budget Commission
 1112  denies approval for the Southwood Shared Resource Center to
 1113  enter into a contract for the statewide e-mail service.
 1114         (7) The Agency for Enterprise Information Technology shall
 1115  work with the Southwood Shared Resource Center to develop an
 1116  implementation plan that identifies and describes the detailed
 1117  processes and timelines for an agency’s migration to the
 1118  statewide e-mail service based on the migration date approved by
 1119  the Legislative Budget Commission. The agency may establish and
 1120  coordinate workgroups consisting of agency e-mail management,
 1121  information technology, budget, and administrative staff to
 1122  assist the agency in the development of the plan.
 1123         (8) Each executive branch agency shall provide all
 1124  information necessary to develop the implementation plan,
 1125  including, but not limited to, required mailbox features and the
 1126  number of mailboxes that will require migration services. Each
 1127  agency must also identify any known business, operational, or
 1128  technical plans, limitations, or constraints that should be
 1129  considered when developing the plan.
 1130         Section 15. Section 282.702, Florida Statutes, is amended
 1131  to read:
 1132         282.702 Powers and duties.—The Agency for State Technology
 1133  Department of Management Services shall have the following
 1134  powers, duties, and functions:
 1135         (1) To publish electronically the portfolio of services
 1136  available from the agency department, including pricing
 1137  information; the policies and procedures governing usage of
 1138  available services; and a forecast of the agency’s department’s
 1139  priorities for each telecommunications service.
 1140         (2) To adopt technical standards by rule for the state
 1141  telecommunications network which ensure the interconnection and
 1142  operational security of computer networks, telecommunications,
 1143  and information systems of agencies.
 1144         (3) To enter into agreements related to information
 1145  technology and telecommunications services with state agencies
 1146  and political subdivisions of the state.
 1147         (4) To purchase from or contract with information
 1148  technology providers for information technology, including
 1149  private line services.
 1150         (5) To apply for, receive, and hold authorizations,
 1151  patents, copyrights, trademarks, service marks, licenses, and
 1152  allocations or channels and frequencies to carry out the
 1153  purposes of this part.
 1154         (6) To purchase, lease, or otherwise acquire and to hold,
 1155  sell, transfer, license, or otherwise dispose of real, personal,
 1156  and intellectual property, including, but not limited to,
 1157  patents, trademarks, copyrights, and service marks.
 1158         (7) To cooperate with any federal, state, or local
 1159  emergency management agency in providing for emergency
 1160  telecommunications services.
 1161         (8) To control and approve the purchase, lease, or
 1162  acquisition and the use of telecommunications services,
 1163  software, circuits, and equipment provided as part of any other
 1164  total telecommunications system to be used by the state or its
 1165  agencies.
 1166         (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
 1167  relating to telecommunications and to administer the provisions
 1168  of this part.
 1169         (10) To apply for and accept federal funds for the purposes
 1170  of this part as well as gifts and donations from individuals,
 1171  foundations, and private organizations.
 1172         (11) To monitor issues relating to telecommunications
 1173  facilities and services before the Florida Public Service
 1174  Commission and the Federal Communications Commission and, if
 1175  necessary, prepare position papers, prepare testimony, appear as
 1176  a witness, and retain witnesses on behalf of state agencies in
 1177  proceedings before the commissions.
 1178         (12) Unless delegated to the state agencies by the agency
 1179  department, to manage and control, but not intercept or
 1180  interpret, telecommunications within the SUNCOM Network by:
 1181         (a) Establishing technical standards to physically
 1182  interface with the SUNCOM Network.
 1183         (b) Specifying how telecommunications are transmitted
 1184  within the SUNCOM Network.
 1185         (c) Controlling the routing of telecommunications within
 1186  the SUNCOM Network.
 1187         (d) Establishing standards, policies, and procedures for
 1188  access to and the security of the SUNCOM Network.
 1189         (e) Ensuring orderly and reliable telecommunications
 1190  services in accordance with the service level agreements
 1191  executed with state agencies.
 1192         (13) To plan, design, and conduct experiments for
 1193  telecommunications services, equipment, and technologies, and to
 1194  implement enhancements in the state telecommunications network
 1195  if in the public interest and cost-effective. Funding for such
 1196  experiments must be derived from SUNCOM Network service revenues
 1197  and may not exceed 2 percent of the annual budget for the SUNCOM
 1198  Network for any fiscal year or as provided in the General
 1199  Appropriations Act. New services offered as a result of this
 1200  subsection may not affect existing rates for facilities or
 1201  services.
 1202         (14) To enter into contracts or agreements, with or without
 1203  competitive bidding or procurement, to make available, on a
 1204  fair, reasonable, and nondiscriminatory basis, property and
 1205  other structures under agency departmental control for the
 1206  placement of new facilities by any wireless provider of mobile
 1207  service as defined in 47 U.S.C. s. 153(27) or s. 332(d) and any
 1208  telecommunications company as defined in s. 364.02 if it is
 1209  practical and feasible to make such property or other structures
 1210  available. The agency department may, without adopting a rule,
 1211  charge a just, reasonable, and nondiscriminatory fee for the
 1212  placement of the facilities, payable annually, based on the fair
 1213  market value of space used by comparable telecommunications
 1214  facilities in the state. The agency department and a wireless
 1215  provider or telecommunications company may negotiate the
 1216  reduction or elimination of a fee in consideration of services
 1217  provided to the agency department by the wireless provider or
 1218  telecommunications company. All such fees collected by the
 1219  agency department shall be deposited directly into the Law
 1220  Enforcement Radio Operating Trust Fund, and may be used by the
 1221  agency department to construct, maintain, or support the system.
 1222         (15) Establish policies that ensure that the agency’s
 1223  department’s cost-recovery methodologies, billings, receivables,
 1224  expenditures, budgeting, and accounting data are captured and
 1225  reported timely, consistently, accurately, and transparently and
 1226  are in compliance with all applicable federal and state laws and
 1227  rules. The agency department shall annually submit to the
 1228  Governor, the President of the Senate, and the Speaker of the
 1229  House of Representatives a report that describes each service
 1230  and its cost, the billing methodology for recovering the cost of
 1231  the service, and, if applicable, the identity of those services
 1232  that are subsidized.
 1233         (16) Develop a plan for statewide voice-over-Internet
 1234  protocol services. The plan shall include cost estimates and the
 1235  estimated return on investment. The plan shall be submitted to
 1236  the Governor, the Cabinet, the President of the Senate, and the
 1237  Speaker of the House of Representatives by June 30, 2013.
 1238         Section 16. Section 364.0135, Florida Statutes, is amended
 1239  to read:
 1240         364.0135 Promotion of broadband adoption.—
 1241         (1) The Legislature finds that the sustainable adoption of
 1242  broadband Internet service is critical to the economic and
 1243  business development of the state and is beneficial for
 1244  libraries, schools, colleges and universities, health care
 1245  providers, and community organizations. The term “sustainable
 1246  adoption” means the ability for communications service providers
 1247  to offer broadband services in all areas of the state by
 1248  encouraging adoption and utilization levels that allow for these
 1249  services to be offered in the free market absent the need for
 1250  governmental subsidy.
 1251         (2) As the provider of the state and local government
 1252  networks in accordance with part III of chapter 282, the Agency
 1253  for State Technology shall use its expertise in broadband
 1254  technologies, and associations with the telecommunications
 1255  industry to foster the goals described in subsection (1).
 1256         (3)(2) The Agency for State Technology may Department of
 1257  Management Services is authorized to work collaboratively with,
 1258  and to receive staffing support and other resources from,
 1259  Enterprise Florida, Inc., state agencies, local governments,
 1260  private businesses, and community organizations to:
 1261         (a) Monitor the adoption of broadband Internet service in
 1262  collaboration with communications service providers, including,
 1263  but not limited to, wireless and wireline Internet service
 1264  providers, to develop geographical information system maps at
 1265  the census tract level that will:
 1266         1. Identify geographic gaps in broadband services,
 1267  including areas unserved by any broadband provider and areas
 1268  served by a single broadband provider;
 1269         2. Identify the download and upload transmission speeds
 1270  made available to businesses and individuals in the state, at
 1271  the census tract level of detail, using data rate benchmarks for
 1272  broadband service used by the Federal Communications Commission
 1273  to reflect different speed tiers; and
 1274         3. Provide a baseline assessment of statewide broadband
 1275  deployment in terms of percentage of households with broadband
 1276  availability.
 1277         (b) Assist other public and private entities with planning,
 1278  obtaining resources, and initiating projects to achieve the
 1279  goals described in subsection (1). This assistance shall be
 1280  directed to the entities with the most suitable expertise,
 1281  resources, and capabilities to contribute to these goals and
 1282  cultivate collaboration among such entities to achieve a more
 1283  comprehensive strategic approach.
 1284         (c)(b) Create a strategic plan that has goals and
 1285  strategies for increasing the use of broadband Internet service
 1286  in the state.
 1287         (d)(c) Build and facilitate local technology planning teams
 1288  or partnerships with members representing cross-sections of the
 1289  community, which may include, but are not limited to,
 1290  representatives from the following organizations and industries:
 1291  libraries, K-12 education, colleges and universities, local
 1292  health care providers, private businesses, community
 1293  organizations, economic development organizations, local
 1294  governments, tourism, parks and recreation, and agriculture.
 1295         (e)(d) Encourage the use of broadband Internet service,
 1296  especially in the rural, unserved, and underserved communities
 1297  of the state through grant programs having effective strategies
 1298  to facilitate the statewide deployment of broadband Internet
 1299  service. For any grants to be awarded, priority must be given to
 1300  projects that:
 1301         1. Provide access to broadband education, awareness,
 1302  training, access, equipment, and support to libraries, schools,
 1303  colleges and universities, health care providers, and community
 1304  support organizations.
 1305         2. Encourage the sustainable adoption of broadband in
 1306  primarily unserved areas by removing barriers to entry.
 1307         3. Work toward encouraging investments in establishing
 1308  affordable and sustainable broadband Internet service in
 1309  unserved areas of the state.
 1310         4. Facilitate the development of applications, programs,
 1311  and services, including, but not limited to, telework,
 1312  telemedicine, and e-learning to increase the usage of, and
 1313  demand for, broadband Internet service in the state.
 1314         (4)(3) The Agency for State Technology department may apply
 1315  for and accept federal funds for purposes of this section, as
 1316  well as gifts and donations from individuals, foundations, and
 1317  private organizations.
 1318         (5)(4) The Agency for State Technology department may:
 1319         (a) Enter into contracts necessary or useful to carry out
 1320  the purposes of this section.
 1321         (b)(5)The department may Establish any committee or
 1322  workgroup to administer and carry out the purposes of this
 1323  section.
 1324         (c)(6)The department may Adopt rules necessary to carry
 1325  out the purposes of this section. Any rule, contract, grant, or
 1326  other activity undertaken by the agency must department shall
 1327  ensure that all entities are in compliance with any applicable
 1328  federal or state laws, rules, and regulations, including, but
 1329  not limited to, those applicable to private entities providing
 1330  communications services for hire and the requirements of s.
 1331  350.81.
 1332         Section 17. Subsection (2) of section 20.22, Florida
 1333  Statutes, is amended to read:
 1334         20.22 Department of Management Services.—There is created a
 1335  Department of Management Services.
 1336         (2) The following divisions and programs are established
 1337  within the Department of Management Services are established:
 1338         (a) Facilities Program.
 1339         (b) Technology Program.
 1340         (b)(c) Workforce Program.
 1341         (c)(d)1. Support Program.
 1342         2. Federal Property Assistance Program.
 1343         (d)(e) Administration Program.
 1344         (e)(f) Division of Administrative Hearings.
 1345         (f)(g) Division of Retirement.
 1346         (g)(h) Division of State Group Insurance.
 1347         Section 18. Paragraph (e) of subsection (2) of section
 1348  110.205, Florida Statutes, is amended to read:
 1349         110.205 Career service; exemptions.—
 1350         (2) EXEMPT POSITIONS.—The exempt positions that are not
 1351  covered by this part include the following:
 1352         (e) The executive director of Chief Information Officer in
 1353  the Agency for State Enterprise Information Technology. Unless
 1354  otherwise fixed by law, the Governor and Cabinet Agency for
 1355  Enterprise Information Technology shall set the salary and
 1356  benefits of this position in accordance with the rules of the
 1357  Senior Management Service.
 1358         Section 19. Paragraph (o) of subsection (1) of section
 1359  215.22, Florida Statutes, is amended to read:
 1360         215.22 Certain income and certain trust funds exempt.—
 1361         (1) The following income of a revenue nature or the
 1362  following trust funds shall be exempt from the appropriation
 1363  required by s. 215.20(1):
 1364         (o) The Communications Working Capital Trust Fund of the
 1365  Agency for State Technology Department of Management Services.
 1366         Section 20. Subsections (2) and (9) of section 215.322,
 1367  Florida Statutes, are amended to read:
 1368         215.322 Acceptance of credit cards, charge cards, debit
 1369  cards, or electronic funds transfers by state agencies, units of
 1370  local government, and the judicial branch.—
 1371         (2) A state agency as defined in s. 216.011, or the
 1372  judicial branch, may accept credit cards, charge cards, debit
 1373  cards, or electronic funds transfers in payment for goods and
 1374  services with the prior approval of the Chief Financial Officer.
 1375  If the Internet or other related electronic methods are to be
 1376  used as the collection medium, the Agency for State Enterprise
 1377  Information Technology shall review and recommend to the Chief
 1378  Financial Officer whether to approve the request with regard to
 1379  the process or procedure to be used.
 1380         (9) For payment programs in which credit cards, charge
 1381  cards, or debit cards are accepted by state agencies, the
 1382  judicial branch, or units of local government, the Chief
 1383  Financial Officer, in consultation with the Agency for State
 1384  Enterprise Information Technology, may adopt rules to establish
 1385  uniform security safeguards for cardholder data and to ensure
 1386  compliance with the Payment Card Industry Data Security
 1387  Standards.
 1388         Section 21. Paragraph (c) of subsection (6) of section
 1389  216.292, Florida Statutes, is amended to read:
 1390         216.292 Appropriations nontransferable; exceptions.—
 1391         (6) The Chief Financial Officer shall transfer from any
 1392  available funds of an agency or the judicial branch the
 1393  following amounts and shall report all such transfers and the
 1394  reasons therefor to the legislative appropriations committees
 1395  and the Executive Office of the Governor:
 1396         (c) The amount due to the Communications Working Capital
 1397  Trust Fund from moneys appropriated in the General
 1398  Appropriations Act for the purpose of paying for services
 1399  provided by the state communications system in the Agency for
 1400  State Technology Department of Management Services which is
 1401  unpaid 45 days after the billing date. The amount transferred
 1402  shall be that billed by the department.
 1403         Section 22. Subsections (3), (4), (5), and (6) of section
 1404  282.318, Florida Statutes, are amended to read:
 1405         282.318 Enterprise security of data and information
 1406  technology.—
 1407         (3) The Agency for State Enterprise Information Technology
 1408  is responsible for establishing rules and publishing guidelines
 1409  for ensuring an appropriate level of security for all data and
 1410  information technology resources for executive branch agencies.
 1411  The agency shall also perform the following duties and
 1412  responsibilities:
 1413         (a) Develop, and annually update by February 1, an
 1414  enterprise information security strategic plan that includes
 1415  security goals and objectives for the strategic issues of
 1416  information security policy, risk management, training, incident
 1417  management, and survivability planning.
 1418         (b) Develop enterprise security rules and published
 1419  guidelines for:
 1420         1. Comprehensive risk analyses and information security
 1421  audits conducted by state agencies.
 1422         2. Responding to suspected or confirmed information
 1423  security incidents, including suspected or confirmed breaches of
 1424  personal information or exempt data.
 1425         3. Agency security plans, including strategic security
 1426  plans and security program plans.
 1427         4. The recovery of information technology and data
 1428  following a disaster.
 1429         5. The managerial, operational, and technical safeguards
 1430  for protecting state government data and information technology
 1431  resources.
 1432         (c) Assist agencies in complying with the provisions of
 1433  this section.
 1434         (d) Pursue appropriate funding for the purpose of enhancing
 1435  domestic security.
 1436         (e) Provide training for agency information security
 1437  managers.
 1438         (f) Annually review the strategic and operational
 1439  information security plans of executive branch agencies.
 1440         (4) To assist the Agency for State Enterprise Information
 1441  Technology in carrying out its responsibilities, each state
 1442  agency head shall, at a minimum:
 1443         (a) Designate an information security manager to administer
 1444  the security program of the state agency for its data and
 1445  information technology resources. This designation must be
 1446  provided annually in writing to the Agency for State Enterprise
 1447  Information Technology by January 1.
 1448         (b) Annually submit to the Agency for State Enterprise
 1449  Information Technology annually by July 31, the state agency’s
 1450  comprehensive strategic and operational information security
 1451  plans developed pursuant to the rules and guidelines established
 1452  by the Agency for State Enterprise Information Technology.
 1453         1. The state agency comprehensive strategic information
 1454  security plan must cover a 3-year period and define security
 1455  goals, intermediate objectives, and projected agency costs for
 1456  the strategic issues of agency information security policy, risk
 1457  management, security training, security incident response, and
 1458  survivability. The plan must be based on the enterprise
 1459  strategic information security plan created by the Agency for
 1460  State Enterprise Information Technology. Additional issues may
 1461  be included.
 1462         2. The state agency operational information security plan
 1463  must include a progress report for the prior operational
 1464  information security plan and a project plan that includes
 1465  activities, timelines, and deliverables for security objectives
 1466  that, subject to current resources, the state agency will
 1467  implement during the current fiscal year. The cost of
 1468  implementing the portions of the plan which cannot be funded
 1469  from current resources must be identified in the plan.
 1470         (c) Conduct, and update every 3 years, a comprehensive risk
 1471  analysis to determine the security threats to the data,
 1472  information, and information technology resources of the state
 1473  agency. The risk analysis information is confidential and exempt
 1474  from the provisions of s. 119.07(1), except that such
 1475  information shall be available to the Auditor General and the
 1476  Agency for State Enterprise Information Technology for
 1477  performing postauditing duties.
 1478         (d) Develop, and periodically update, written internal
 1479  policies and procedures that, which include procedures for
 1480  notifying the Agency for State Enterprise Information Technology
 1481  when a suspected or confirmed breach, or an information security
 1482  incident, occurs. Such policies and procedures must be
 1483  consistent with the rules and guidelines established by the
 1484  Agency for State Enterprise Information Technology to ensure the
 1485  security of the data, information, and information technology
 1486  resources of the state agency. The internal policies and
 1487  procedures that, if disclosed, could facilitate the unauthorized
 1488  modification, disclosure, or destruction of data or information
 1489  technology resources are confidential information and exempt
 1490  from s. 119.07(1), except that such information shall be
 1491  available to the Auditor General and the Agency for State
 1492  Enterprise Information Technology for performing postauditing
 1493  duties.
 1494         (e) Implement appropriate cost-effective safeguards to
 1495  address identified risks to the data, information, and
 1496  information technology resources of the state agency.
 1497         (f) Ensure that periodic internal audits and evaluations of
 1498  the state agency’s security program for the data, information,
 1499  and information technology resources of the state agency are
 1500  conducted. The results of such audits and evaluations are
 1501  confidential information and exempt from s. 119.07(1), except
 1502  that such information shall be available to the Auditor General
 1503  and the Agency for State Enterprise Information Technology for
 1504  performing postauditing duties.
 1505         (g) Include appropriate security requirements in the
 1506  written specifications for the solicitation of information
 1507  technology and information technology resources and services,
 1508  which are consistent with the rules and guidelines established
 1509  by the Agency for State Enterprise Information Technology.
 1510         (h) Provide security awareness training to employees and
 1511  users of the state agency’s communication and information
 1512  resources concerning information security risks and the
 1513  responsibility of employees and users to comply with policies,
 1514  standards, guidelines, and operating procedures adopted by the
 1515  state agency to reduce those risks.
 1516         (i) Develop a process for detecting, reporting, and
 1517  responding to suspected or confirmed security incidents,
 1518  including suspected or confirmed breaches consistent with the
 1519  security rules and guidelines established by the Agency for
 1520  State Enterprise Information Technology.
 1521         1. Suspected or confirmed information security incidents
 1522  and breaches must be immediately reported to the Agency for
 1523  State Enterprise Information Technology.
 1524         2. For incidents involving breaches, agencies shall provide
 1525  notice in accordance with s. 817.5681 and to the Agency for
 1526  State Enterprise Information Technology in accordance with this
 1527  subsection.
 1528         (5) Each state agency shall include appropriate security
 1529  requirements in the specifications for the solicitation of
 1530  contracts for procuring information technology or information
 1531  technology resources or services which are consistent with the
 1532  rules and guidelines established by the Agency for State
 1533  Enterprise Information Technology.
 1534         (6) The Agency for State Enterprise Information Technology
 1535  may adopt rules relating to information security and to
 1536  administer the provisions of this section.
 1537         Section 23. Section 282.604, Florida Statutes, is amended
 1538  to read:
 1539         282.604 Adoption of rules.—The Agency for State Technology
 1540  Department of Management Services shall, with input from
 1541  stakeholders, adopt rules pursuant to ss. 120.536(1) and 120.54
 1542  for the development, procurement, maintenance, and use of
 1543  accessible electronic information technology by governmental
 1544  units.
 1545         Section 24. Section 282.703, Florida Statutes, is amended
 1546  to read:
 1547         282.703 SUNCOM Network; exemptions from the required use.—
 1548         (1) The SUNCOM Network is established within the Agency for
 1549  State Technology department as the state enterprise
 1550  telecommunications system for providing local and long-distance
 1551  communications services to state agencies, political
 1552  subdivisions of the state, municipalities, and nonprofit
 1553  corporations pursuant to this part. The SUNCOM Network shall be
 1554  developed to transmit all types of telecommunications signals,
 1555  including, but not limited to, voice, data, video, image, and
 1556  radio. State agencies shall cooperate and assist in the
 1557  development and joint use of telecommunications systems and
 1558  services.
 1559         (2) The Agency for State Technology department shall
 1560  design, engineer, implement, manage, and operate through state
 1561  ownership, commercial leasing, contracted services, or some
 1562  combination thereof, the facilities, equipment, and contracts
 1563  providing SUNCOM Network services, and shall develop a system of
 1564  equitable billings and charges for telecommunications services.
 1565         (3) The Agency for State Technology department shall own,
 1566  manage, and establish standards for the telecommunications
 1567  addressing and numbering plans for the SUNCOM Network. This
 1568  includes distributing or revoking numbers and addresses to
 1569  authorized users of the network and delegating or revoking the
 1570  delegation of management of subsidiary groups of numbers and
 1571  addresses to authorized users of the network.
 1572         (4) The Agency for State Technology department shall
 1573  maintain a directory of information and services which provides
 1574  the names, phone numbers, and e-mail addresses for employees,
 1575  state agencies, and network devices that are served, in whole or
 1576  in part, by the SUNCOM Network. State agencies and political
 1577  subdivisions of the state shall cooperate with the Agency for
 1578  State Technology department by providing timely and accurate
 1579  directory information in the manner established by the Agency
 1580  for State Technology department.
 1581         (5) All state agencies shall use the SUNCOM Network for
 1582  state agency telecommunications services as the services become
 1583  available; however, a state an agency is not relieved of
 1584  responsibility for maintaining telecommunications services
 1585  necessary for effective management of its programs and
 1586  functions. The Agency for State Technology department may
 1587  provide such communications services to a state university if
 1588  requested by the university.
 1589         (a) If a SUNCOM Network service does not meet the
 1590  telecommunications requirements of a state an agency, the state
 1591  agency must notify the Agency for State Technology department in
 1592  writing and detail the requirements for that service. If the
 1593  agency department is unable to meet a state an agency’s
 1594  requirements by enhancing SUNCOM Network service, the Agency for
 1595  State Technology department may grant the state agency an
 1596  exemption from the required use of specified SUNCOM Network
 1597  services.
 1598         (b) Unless an exemption has been granted by the agency
 1599  department, effective October 1, 2010, all customers of a state
 1600  primary data center, excluding state universities, must use the
 1601  shared SUNCOM Network telecommunications services connecting the
 1602  state primary data center to SUNCOM services for all
 1603  telecommunications needs in accordance with agency department
 1604  rules.
 1605         1. Upon discovering discovery of customer noncompliance
 1606  with this paragraph, the agency department shall provide the
 1607  affected customer with a schedule for transferring to the shared
 1608  telecommunications services provided by the SUNCOM Network and
 1609  an estimate of all associated costs. The state primary data
 1610  centers and their customers shall cooperate with the agency
 1611  department to accomplish the transfer.
 1612         2. Customers may request an exemption from this paragraph
 1613  in the same manner as authorized in paragraph (a).
 1614         (6) This section does may not be construed to require a
 1615  state university to use SUNCOM Network communication services.
 1616         Section 25. Section 282.704, Florida Statutes, is amended
 1617  to read:
 1618         282.704 Use of state SUNCOM Network by municipalities.—A
 1619  Any municipality may request the Agency for State Technology
 1620  department to provide any or all of the SUNCOM Network’s
 1621  portfolio of communications services upon such terms and
 1622  conditions as the agency department may establish. The
 1623  requesting municipality shall pay its share of installation and
 1624  recurring costs according to the published rates for SUNCOM
 1625  Network services and as invoiced by the agency department. Such
 1626  municipality shall also pay for any requested modifications to
 1627  existing SUNCOM Network services, if any charges apply.
 1628         Section 26. Section 282.705, Florida Statutes, is amended
 1629  to read:
 1630         282.705 Use of state SUNCOM Network by nonprofit
 1631  corporations.—
 1632         (1) The Agency for State Technology department shall
 1633  provide a means whereby private nonprofit corporations under
 1634  contract with state agencies or political subdivisions of the
 1635  state may use the state SUNCOM Network, subject to the
 1636  limitations in this section. In order to qualify to use the
 1637  state SUNCOM Network, a nonprofit corporation shall:
 1638         (a) Expend the majority of its total direct revenues for
 1639  the provision of contractual services to the state, a
 1640  municipality, or a political subdivision; and
 1641         (b) Receive only a small portion of its total revenues from
 1642  any source other than a state agency, a municipality, or a
 1643  political subdivision during the time SUNCOM Network services
 1644  are requested.
 1645         (2) Each nonprofit corporation seeking authorization to use
 1646  the state SUNCOM Network shall, upon request, provide to the
 1647  agency department, upon request, proof of compliance with
 1648  subsection (1).
 1649         (3) Nonprofit corporations established pursuant to general
 1650  law and an association of municipal governments which is wholly
 1651  owned by the municipalities are eligible to use the state SUNCOM
 1652  Network, subject to the terms and conditions of the agency
 1653  department.
 1654         (4) Institutions qualified to participate in the William L.
 1655  Boyd, IV, Florida Resident Access Grant Program pursuant to s.
 1656  1009.89 are eligible to use the state SUNCOM Network, subject to
 1657  the terms and conditions of the agency department. Such entities
 1658  are not required to satisfy the other criteria of this section.
 1659         (5) Private, nonprofit elementary and secondary schools are
 1660  eligible for rates and services on the same basis as public
 1661  schools if such schools do not have an endowment in excess of
 1662  $50 million.
 1663         Section 27. Section 282.706, Florida Statutes, is amended
 1664  to read:
 1665         282.706 Use of SUNCOM Network by libraries.—The Agency for
 1666  State Technology department may provide SUNCOM Network services
 1667  to any library in the state, including libraries in public
 1668  schools, community colleges, state universities, and nonprofit
 1669  private postsecondary educational institutions, and libraries
 1670  owned and operated by municipalities and political subdivisions.
 1671  This section does may not be construed to require a state
 1672  university library to use SUNCOM Network services.
 1673         Section 28. Section 282.707, Florida Statutes, is amended
 1674  to read:
 1675         282.707 SUNCOM Network; criteria for usage.—
 1676         (1) The Agency for State Technology department and
 1677  customers served by the agency department shall periodically
 1678  review the qualifications of subscribers using the state SUNCOM
 1679  Network and terminate services provided to a facility not
 1680  qualified under this part or rules adopted hereunder. In the
 1681  event of nonpayment of invoices by subscribers whose SUNCOM
 1682  Network invoices are paid from sources other than legislative
 1683  appropriations, such nonpayment represents good and sufficient
 1684  reason to terminate service.
 1685         (2) The Agency for State Technology department shall adopt
 1686  rules for implementing and operating the state SUNCOM Network,
 1687  which include procedures for withdrawing and restoring
 1688  authorization to use the state SUNCOM Network. Such rules must
 1689  shall provide a minimum of 30 days’ notice to affected parties
 1690  before terminating voice communications service.
 1691         (3) This section does not limit or restrict the ability of
 1692  the Florida Public Service Commission to set jurisdictional
 1693  tariffs of telecommunications companies.
 1694         Section 29. Section 282.709, Florida Statutes, is amended
 1695  to read:
 1696         282.709 State agency law enforcement radio system and
 1697  interoperability network.—
 1698         (1) The Agency for State Technology department may acquire
 1699  and administer a statewide radio communications system to serve
 1700  law enforcement units of state agencies, and to serve local law
 1701  enforcement agencies through mutual aid channels.
 1702         (a) The agency department shall, in conjunction with the
 1703  Department of Law Enforcement and the Division of Emergency
 1704  Management, shall establish policies, procedures, and standards
 1705  to be incorporated into a comprehensive management plan for the
 1706  use and operation of the statewide radio communications system.
 1707         (b) The agency department shall bear the overall
 1708  responsibility for the design, engineering, acquisition, and
 1709  implementation of the statewide radio communications system and
 1710  for ensuring the proper operation and maintenance of all common
 1711  system equipment.
 1712         (c)1. The agency department may rent or lease space on any
 1713  tower under its control and refuse to lease space on any tower
 1714  at any site.
 1715         2. The agency department may rent, lease, or sublease
 1716  ground space as necessary to locate equipment to support
 1717  antennae on the towers. The costs for the use of such space
 1718  shall be established by the agency department for each site if
 1719  it is determined to be practicable and feasible to make space
 1720  available.
 1721         3. The agency department may rent, lease, or sublease
 1722  ground space on lands acquired by the agency department for the
 1723  construction of privately owned or publicly owned towers. The
 1724  agency department may, as a part of such rental, lease, or
 1725  sublease agreement, require space on such towers for antennae as
 1726  necessary for the construction and operation of the state agency
 1727  law enforcement radio system or any other state need.
 1728         4. All moneys collected by the agency department for rents,
 1729  leases, and subleases under this subsection shall be deposited
 1730  directly into the State Agency Law Enforcement Radio System
 1731  Trust Fund established in subsection (3) and may be used by the
 1732  agency department to construct, maintain, or support the system.
 1733         5. The positions necessary for the agency department to
 1734  accomplish its duties under this subsection shall be established
 1735  in the General Appropriations Act and funded by the Law
 1736  Enforcement Radio Operating Trust Fund or other revenue sources.
 1737         (d) The agency department shall exercise its powers and
 1738  duties under this part to plan, manage, and administer the
 1739  mutual aid channels in the statewide radio communication system.
 1740         1. In implementing such powers and duties, the agency
 1741  department shall consult and act in conjunction with the
 1742  Department of Law Enforcement and the Division of Emergency
 1743  Management, and shall manage and administer the mutual aid
 1744  channels in a manner that reasonably addresses the needs and
 1745  concerns of the involved law enforcement agencies and emergency
 1746  response agencies and entities.
 1747         2. The agency department may make the mutual aid channels
 1748  available to federal agencies, state agencies, and agencies of
 1749  the political subdivisions of the state for the purpose of
 1750  public safety and domestic security.
 1751         (e) The agency department may allow other state agencies to
 1752  use the statewide radio communications system under terms and
 1753  conditions established by the agency department.
 1754         (2) The Joint Task Force on State Agency Law Enforcement
 1755  Communications is created adjunct to the Agency for State
 1756  Technology department to advise the agency department of member
 1757  agency needs relating to the planning, designing, and
 1758  establishment of the statewide communication system.
 1759         (a) The Joint Task Force on State Agency Law Enforcement
 1760  Communications shall consist of eight members, as follows:
 1761         1. A representative of the Division of Alcoholic Beverages
 1762  and Tobacco of the Department of Business and Professional
 1763  Regulation who shall be appointed by the secretary of the
 1764  department.
 1765         2. A representative of the Division of Florida Highway
 1766  Patrol of the Department of Highway Safety and Motor Vehicles
 1767  who shall be appointed by the executive director of the
 1768  department.
 1769         3. A representative of the Department of Law Enforcement
 1770  who shall be appointed by the executive director of the
 1771  department.
 1772         4. A representative of the Fish and Wildlife Conservation
 1773  Commission who shall be appointed by the executive director of
 1774  the commission.
 1775         5. A representative of the Division of Law Enforcement of
 1776  the Department of Environmental Protection who shall be
 1777  appointed by the secretary of the department.
 1778         6. A representative of the Department of Corrections who
 1779  shall be appointed by the secretary of the department.
 1780         7. A representative of the Division of State Fire Marshal
 1781  of the Department of Financial Services who shall be appointed
 1782  by the State Fire Marshal.
 1783         8. A representative of the Department of Transportation who
 1784  shall be appointed by the secretary of the department.
 1785         (b) Each appointed member of the joint task force shall
 1786  serve at the pleasure of the appointing official. Any vacancy on
 1787  the joint task force shall be filled in the same manner as the
 1788  original appointment. A joint task force member may, upon
 1789  notification to the chair before the beginning of any scheduled
 1790  meeting, appoint an alternative to represent the member on the
 1791  task force and vote on task force business in his or her
 1792  absence.
 1793         (c) The joint task force shall elect a chair from among its
 1794  members to serve a 1-year term. A vacancy in the chair of the
 1795  joint task force must be filled for the remainder of the
 1796  unexpired term by an election of the joint task force members.
 1797         (d) The joint task force shall meet as necessary, but at
 1798  least quarterly, at the call of the chair and at the time and
 1799  place designated by him or her.
 1800         (e) The per diem and travel expenses incurred by a member
 1801  of the joint task force in attending its meetings and in
 1802  attending to its affairs shall be paid pursuant to s. 112.061,
 1803  from funds budgeted to the state agency that the member
 1804  represents.
 1805         (f) The agency department shall provide technical support
 1806  to the joint task force.
 1807         (3)(a) The State Agency Law Enforcement Radio System Trust
 1808  Fund is established in the Agency for State Technology
 1809  department and funded from surcharges collected under ss.
 1810  318.18, 320.0802, and 328.72. Upon appropriation, moneys in the
 1811  trust fund may be used by the agency department to acquire by
 1812  competitive procurement the equipment, software, and
 1813  engineering, administrative, and maintenance services it needs
 1814  to construct, operate, and maintain the statewide radio system.
 1815  Moneys in the trust fund from surcharges shall be used to help
 1816  fund the costs of the system. Upon completion of the system,
 1817  moneys in the trust fund may also be used by the agency
 1818  department for payment of the recurring maintenance costs of the
 1819  system.
 1820         (b) Funds from the State Agency Law Enforcement Radio
 1821  System Trust Fund may be used by the agency department to fund
 1822  mutual aid buildout maintenance and sustainment as appropriated
 1823  by law. This paragraph expires July 1, 2012.
 1824         (4) The Agency for State Technology department may create
 1825  and administer an interoperability network to enable
 1826  interoperability between various radio communications
 1827  technologies and to serve federal agencies, state agencies, and
 1828  agencies of political subdivisions of the state for the purpose
 1829  of public safety and domestic security.
 1830         (a) The agency department shall, in conjunction with the
 1831  Department of Law Enforcement and the Division of Emergency
 1832  Management, shall exercise its powers and duties pursuant to
 1833  this chapter to plan, manage, and administer the
 1834  interoperability network. The agency office may:
 1835         1. Enter into mutual aid agreements among federal agencies,
 1836  state agencies, and political subdivisions of the state for the
 1837  use of the interoperability network.
 1838         2. Establish the cost of maintenance and operation of the
 1839  interoperability network and charge subscribing federal and
 1840  local law enforcement agencies for access and use of the
 1841  network. The agency department may not charge state law
 1842  enforcement agencies identified in paragraph (2)(a) to use the
 1843  network.
 1844         3. In consultation with the Department of Law Enforcement
 1845  and the Division of Emergency Management, amend and enhance the
 1846  statewide radio communications system as necessary to implement
 1847  the interoperability network.
 1848         (b) The agency department, in consultation with the Joint
 1849  Task Force on State Agency Law Enforcement Communications, and
 1850  in conjunction with the Department of Law Enforcement and the
 1851  Division of Emergency Management, shall establish policies,
 1852  procedures, and standards to incorporate into a comprehensive
 1853  management plan for the use and operation of the
 1854  interoperability network.
 1855         Section 30. Section 282.7101, Florida Statutes, is amended
 1856  to read:
 1857         282.7101 Statewide system of regional law enforcement
 1858  communications.—
 1859         (1) It is the intent and purpose of the Legislature that a
 1860  statewide system of regional law enforcement communications be
 1861  developed whereby maximum efficiency in the use of existing
 1862  radio channels is achieved in order to deal more effectively
 1863  with the apprehension of criminals and the prevention of crime.
 1864  To this end, all law enforcement agencies within the state are
 1865  directed to provide the Agency for State Technology department
 1866  with any information the agency department requests for the
 1867  purpose of implementing the provisions of subsection (2).
 1868         (2) The Agency for State Technology shall department is
 1869  hereby authorized and directed to develop and maintain a
 1870  statewide system of regional law enforcement communications. In
 1871  formulating such a system, the agency department shall divide
 1872  the state into appropriate regions and shall develop a program
 1873  that includes, but is not limited to:
 1874         (a) The communications requirements for each county and
 1875  municipality comprising the region.
 1876         (b) An interagency communications provision that depicts
 1877  the communication interfaces between municipal, county, and
 1878  state law enforcement entities operating within the region.
 1879         (c) A frequency allocation and use provision that includes,
 1880  on an entity basis, each assigned and planned radio channel and
 1881  the type of operation, simplex, duplex, or half-duplex, on each
 1882  channel.
 1883         (3) The Agency for State Technology department shall adopt
 1884  any necessary rules and regulations for administering and
 1885  coordinating the statewide system of regional law enforcement
 1886  communications.
 1887         (4) The executive director secretary of the Agency for
 1888  State Technology department or his or her designee is designated
 1889  as the director of the statewide system of regional law
 1890  enforcement communications and, for the purpose of carrying out
 1891  the provisions of this section, may coordinate the activities of
 1892  the system with other interested state agencies and local law
 1893  enforcement agencies.
 1894         (5) A law enforcement communications system may not be
 1895  established or expanded without the prior approval of the Agency
 1896  for State Technology department.
 1897         (6) Within the limits of its capability, the Department of
 1898  Law Enforcement is encouraged to lend assistance to the Agency
 1899  for State Technology department in the development of the
 1900  statewide system of regional law enforcement communications
 1901  proposed by this section.
 1902         Section 31. Section 282.711, Florida Statutes, is amended
 1903  to read:
 1904         282.711 Remote electronic access services.—The Agency for
 1905  State Technology department may collect fees for providing
 1906  remote electronic access pursuant to s. 119.07(2). The fees may
 1907  be imposed on individual transactions or as a fixed subscription
 1908  for a designated period of time. All fees collected under this
 1909  section shall be deposited in the appropriate trust fund of the
 1910  program or activity that made the remote electronic access
 1911  available.
 1912         Section 32. Subsection (14) of section 287.012, Florida
 1913  Statutes, is amended to read:
 1914         287.012 Definitions.—As used in this part, the term:
 1915         (14) “Information technology” means, but is not limited to,
 1916  equipment, hardware, software, mainframe maintenance, firmware,
 1917  programs, systems, networks, infrastructure, media, and related
 1918  material used to automatically, electronically, and wirelessly
 1919  collect, receive, access, transmit, display, store, record,
 1920  retrieve, analyze, evaluate, process, classify, manipulate,
 1921  manage, assimilate, control, communicate, exchange, convert,
 1922  converge, interface, switch, or disseminate information of any
 1923  kind or form has the meaning ascribed in s. 282.0041.
 1924         Section 33. Subsection (22) of section 287.057, Florida
 1925  Statutes, is amended to read:
 1926         287.057 Procurement of commodities or contractual
 1927  services.—
 1928         (22) The department, in consultation with the Agency for
 1929  State Enterprise Information Technology and the Chief Financial
 1930  Officer Comptroller, shall develop a program for online
 1931  procurement of commodities and contractual services. To enable
 1932  the state to promote open competition and to leverage its buying
 1933  power, agencies shall participate in the online procurement
 1934  program, and eligible users may participate in the program. Only
 1935  vendors prequalified as meeting mandatory requirements and
 1936  qualifications criteria may participate in online procurement.
 1937         (a) The department, in consultation with the agency, may
 1938  contract for equipment and services necessary to develop and
 1939  implement online procurement.
 1940         (b) The department, in consultation with the agency, shall
 1941  adopt rules, pursuant to ss. 120.536(1) and 120.54, to
 1942  administer the program for online procurement. The rules shall
 1943  include, but not be limited to:
 1944         1. Determining the requirements and qualification criteria
 1945  for prequalifying vendors.
 1946         2. Establishing the procedures for conducting online
 1947  procurement.
 1948         3. Establishing the criteria for eligible commodities and
 1949  contractual services.
 1950         4. Establishing the procedures for providing access to
 1951  online procurement.
 1952         5. Determining the criteria warranting any exceptions to
 1953  participation in the online procurement program.
 1954         (c) The department may impose and shall collect all fees
 1955  for the use of the online procurement systems.
 1956         1. The fees may be imposed on an individual transaction
 1957  basis or as a fixed percentage of the cost savings generated. At
 1958  a minimum, the fees must be set in an amount sufficient to cover
 1959  the projected costs of the services, including administrative
 1960  and project service costs in accordance with the policies of the
 1961  department.
 1962         2. If the department contracts with a provider for online
 1963  procurement, the department, pursuant to appropriation, shall
 1964  compensate the provider from the fees after the department has
 1965  satisfied all ongoing costs. The provider shall report
 1966  transaction data to the department each month so that the
 1967  department may determine the amount due and payable to the
 1968  department from each vendor.
 1969         3. All fees that are due and payable to the state on a
 1970  transactional basis or as a fixed percentage of the cost savings
 1971  generated are subject to s. 215.31 and must be remitted within
 1972  40 days after receipt of payment for which the fees are due. For
 1973  fees that are not remitted within 40 days, the vendor shall pay
 1974  interest at the rate established under s. 55.03(1) on the unpaid
 1975  balance from the expiration of the 40-day period until the fees
 1976  are remitted.
 1977         4. All fees and surcharges collected under this paragraph
 1978  shall be deposited in the Operating Trust Fund as provided by
 1979  law.
 1980         Section 34. Subsection (17) of section 318.18, Florida
 1981  Statutes, is amended to read:
 1982         318.18 Amount of penalties.—The penalties required for a
 1983  noncriminal disposition pursuant to s. 318.14 or a criminal
 1984  offense listed in s. 318.17 are as follows:
 1985         (17) In addition to any penalties imposed, a surcharge of
 1986  $3 must be paid for all criminal offenses listed in s. 318.17
 1987  and for all noncriminal moving traffic violations under chapter
 1988  316. Revenue from the surcharge shall be remitted to the
 1989  Department of Revenue and deposited quarterly into the State
 1990  Agency Law Enforcement Radio System Trust Fund of the Agency for
 1991  State Technology Department of Management Services for the state
 1992  agency law enforcement radio system, as described in s. 282.709,
 1993  and to provide technical assistance to state agencies and local
 1994  law enforcement agencies with their statewide systems of
 1995  regional law enforcement communications, as described in s.
 1996  282.7101. This subsection expires July 1, 2012. The Agency for
 1997  State Technology Department of Management Services may retain
 1998  funds sufficient to recover the costs and expenses incurred for
 1999  managing, administering, and overseeing the Statewide Law
 2000  Enforcement Radio System, and providing technical assistance to
 2001  state agencies and local law enforcement agencies with their
 2002  statewide systems of regional law enforcement communications.
 2003  The Agency for State Technology Department of Management
 2004  Services working in conjunction with the Joint Task Force on
 2005  State Agency Law Enforcement Communications shall determine and
 2006  direct the purposes for which these funds are used to enhance
 2007  and improve the radio system.
 2008         Section 35. Section 320.0802, Florida Statutes, is amended
 2009  to read:
 2010         320.0802 Surcharge on license tax.—A surcharge There is
 2011  hereby levied and imposed on each license tax imposed under s.
 2012  320.08, except those set forth in s. 320.08(11), a surcharge in
 2013  the amount of $1, which shall be collected in the same manner as
 2014  the license tax and deposited into the State Agency Law
 2015  Enforcement Radio System Trust Fund of the Agency for State
 2016  Technology Department of Management Services.
 2017         Section 36. Subsection (9) of section 328.72, Florida
 2018  Statutes, is amended to read:
 2019         328.72 Classification; registration; fees and charges;
 2020  surcharge; disposition of fees; fines; marine turtle stickers.—
 2021         (9) SURCHARGE.—In addition, a surcharge there is hereby
 2022  levied and imposed on each vessel registration fee imposed under
 2023  subsection (1) a surcharge in the amount of $1 for each 12-month
 2024  period of registration, which shall be collected in the same
 2025  manner as the fee and deposited into the State Agency Law
 2026  Enforcement Radio System Trust Fund of the Agency for State
 2027  Technology Department of Management Services.
 2028         Section 37. Subsections (3), (4), (5), (7), (9), (10), and
 2029  (11) of section 365.171, Florida Statutes, are amended to read:
 2030         365.171 Emergency communications number E911 state plan.—
 2031         (3) DEFINITIONS.—As used in this section, the term:
 2032         (a) “Agency” means the Agency for State Technology “Office”
 2033  means the Technology Program within the Department of Management
 2034  Services, as designated by the secretary of the department.
 2035         (b) “Local government” means municipality any city, county,
 2036  or political subdivision of the state and its agencies.
 2037         (c) “Public agency” means the state and any municipality
 2038  city, county, municipality city and county, municipal
 2039  corporation, chartered organization, public district, or public
 2040  authority located in whole or in part within this state which
 2041  provides, or has authority to provide, firefighting, law
 2042  enforcement, ambulance, medical, or other emergency services.
 2043         (d) “Public safety agency” means a functional division of a
 2044  public agency which provides firefighting, law enforcement,
 2045  medical, or other emergency services.
 2046         (4) STATE PLAN.—The agency office shall develop, maintain,
 2047  and implement appropriate modifications for a statewide
 2048  emergency communications E911 system plan. The plan must shall
 2049  provide for:
 2050         (a) The public agency emergency communications requirements
 2051  for each entity of local government in the state.
 2052         (b) A system to meet specific local government
 2053  requirements. Such system shall include law enforcement,
 2054  firefighting, and emergency medical services and may include
 2055  other emergency services such as poison control, suicide
 2056  prevention, and emergency management services.
 2057         (c) Identification of the mutual aid agreements necessary
 2058  to obtain an effective E911 system.
 2059         (d) A funding provision that identifies the cost necessary
 2060  to implement the E911 system.
 2061  
 2062  The agency is office shall be responsible for the implementation
 2063  and coordination of such plan. The agency office shall adopt any
 2064  necessary rules and schedules related to public agencies for
 2065  implementing and coordinating the plan, pursuant to chapter 120.
 2066         (5) SYSTEM DIRECTOR.—The executive director of the agency
 2067  secretary of the department or his or her designee is designated
 2068  as the director of the statewide emergency communications number
 2069  E911 system and, for the purpose of carrying out the provisions
 2070  of this section, may is authorized to coordinate the activities
 2071  of the system with state, county, local, and private agencies.
 2072  The director, in implementing the system, shall consult,
 2073  cooperate, and coordinate with local law enforcement agencies.
 2074         (7) TELECOMMUNICATIONS INDUSTRY COORDINATION.—The agency
 2075  office shall coordinate with the Florida Public Service
 2076  Commission to which shall encourage the Florida
 2077  telecommunications industry to activate facility modification
 2078  plans for timely E911 implementation.
 2079         (9) SYSTEM APPROVAL.—An No emergency communications number
 2080  E911 system may not shall be established and a and no present
 2081  system may not shall be expanded without prior approval of the
 2082  agency office.
 2083         (10) COMPLIANCE.—All public agencies shall assist the
 2084  agency office in their efforts to carry out the intent of this
 2085  section, and such agencies shall comply with the developed plan.
 2086         (11) FEDERAL ASSISTANCE.—The executive director of the
 2087  agency secretary of the department or his or her designee may
 2088  apply for and accept federal funding assistance in the
 2089  development and implementation of a statewide emergency
 2090  communications number E911 system.
 2091         Section 38. Paragraphs (a) through (s) of subsection (3) of
 2092  section 365.172, Florida Statutes, are redesignated as
 2093  paragraphs (b) through (t), respectively, a new paragraph (a) is
 2094  added to that subsection, and paragraph (d) of subsection (2),
 2095  present paragraph (t) of subsection (3), subsection (4),
 2096  paragraph (a) of subsection (5), paragraph (c) of subsection
 2097  (6), and paragraph (f) of subsection (12) of that section are
 2098  amended to read:
 2099         365.172 Emergency communications number “E911.”—
 2100         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
 2101  to:
 2102         (d) Provide for an E911 board to administer the fee, with
 2103  oversight by the Agency for State Technology office, in a manner
 2104  that is competitively and technologically neutral as to all
 2105  voice communications services providers.
 2106  
 2107  It is further the intent of the Legislature that the fee
 2108  authorized or imposed by this section not necessarily provide
 2109  the total funding required for establishing or providing E911
 2110  service.
 2111         (3) DEFINITIONS.—Only as used in this section and ss.
 2112  365.171, 365.173, and 365.174, the term:
 2113         (a) “Agency” means the Agency for State Technology.
 2114         (t) “Office” means the Technology Program within the
 2115  Department of Management Services, as designated by the
 2116  secretary of the department.
 2117         (4) POWERS AND DUTIES OF THE AGENCY FOR STATE TECHNOLOGY
 2118  OFFICE.—The agency office shall oversee the administration of
 2119  the fee authorized and imposed on subscribers of voice
 2120  communications services under subsection (8).
 2121         (5) THE E911 BOARD.—
 2122         (a) The E911 Board is established to administer, with
 2123  oversight by the agency office, the fee imposed under subsection
 2124  (8), including receiving revenues derived from the fee;
 2125  distributing portions of the revenues to wireless providers,
 2126  counties, and the agency office; accounting for receipts,
 2127  distributions, and income derived by the funds maintained in the
 2128  fund; and providing annual reports to the Governor and the
 2129  Legislature for submission by the agency office on amounts
 2130  collected and expended, the purposes for which expenditures have
 2131  been made, and the status of E911 service in this state. In
 2132  order to advise and assist the agency office in carrying out the
 2133  purposes of this section, the board, which shall have the power
 2134  of a body corporate, has the powers enumerated in subsection
 2135  (6).
 2136         (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
 2137         (c) By February 28 of each year, the board shall prepare a
 2138  report for submission by the agency office to the Governor, the
 2139  President of the Senate, and the Speaker of the House of
 2140  Representatives which addresses for the immediately preceding
 2141  calendar year:
 2142         1. The annual receipts, including the total amount of fee
 2143  revenues collected by each provider, the total disbursements of
 2144  money in the fund, including the amount of fund-reimbursed
 2145  expenses incurred by each wireless provider to comply with the
 2146  order, and the amount of moneys on deposit in the fund.
 2147         2. Whether the amount of the fee and the allocation
 2148  percentages set forth in s. 365.173 have been or should be
 2149  adjusted to comply with the requirements of the order or other
 2150  provisions of this chapter, and the reasons for making or not
 2151  making a recommended adjustment to the fee.
 2152         3. Any other issues related to providing E911 services.
 2153         4. The status of E911 services in this state.
 2154         (12) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance
 2155  the public need for reliable E911 services through reliable
 2156  wireless systems and the public interest served by governmental
 2157  zoning and land development regulations and notwithstanding any
 2158  other law or local ordinance to the contrary, the following
 2159  standards shall apply to a local government’s actions, as a
 2160  regulatory body, in the regulation of the placement,
 2161  construction, or modification of a wireless communications
 2162  facility. This subsection shall not, however, be construed to
 2163  waive or alter the provisions of s. 286.011 or s. 286.0115. For
 2164  the purposes of this subsection only, “local government” shall
 2165  mean any municipality or county and any agency of a municipality
 2166  or county only. The term “local government” does not, however,
 2167  include any airport, as defined by s. 330.27(2), even if it is
 2168  owned or controlled by or through a municipality, county, or
 2169  agency of a municipality or county. Further, notwithstanding
 2170  anything in this section to the contrary, this subsection does
 2171  not apply to or control a local government’s actions as a
 2172  property or structure owner in the use of any property or
 2173  structure owned by such entity for the placement, construction,
 2174  or modification of wireless communications facilities. In the
 2175  use of property or structures owned by the local government,
 2176  however, a local government may not use its regulatory authority
 2177  so as to avoid compliance with, or in a manner that does not
 2178  advance, the provisions of this subsection.
 2179         (f) Notwithstanding any other law to the contrary
 2180  notwithstanding, the agency Department of Management Services
 2181  shall negotiate, in the name of the state, leases for wireless
 2182  communications facilities that provide access to state
 2183  government-owned property not acquired for transportation
 2184  purposes, and the Department of Transportation shall negotiate,
 2185  in the name of the state, leases for wireless communications
 2186  facilities that provide access to property acquired for state
 2187  rights-of-way. On property acquired for transportation purposes,
 2188  leases shall be granted in accordance with s. 337.251. On other
 2189  state government-owned property, leases shall be granted on a
 2190  space available, first-come, first-served basis. Payments
 2191  required by state government under a lease must be reasonable
 2192  and must reflect the market rate for the use of the state
 2193  government-owned property. The agency Department of Management
 2194  Services and the Department of Transportation may are authorized
 2195  to adopt rules for the terms and conditions and granting of any
 2196  such leases.
 2197         Section 39. Subsection (1) and paragraph (g) of subsection
 2198  (2) of section 365.173, Florida Statutes, are amended to read:
 2199         365.173 Emergency Communications Number E911 System Fund.—
 2200         (1) All revenues derived from the fee levied on subscribers
 2201  under s. 365.172 must be paid by the board into the State
 2202  Treasury on or before the 15th day of each month. Such moneys
 2203  must be accounted for in a special fund to be designated as the
 2204  Emergency Communications Number E911 System Fund, a fund created
 2205  in the Agency for State Technology Program, or other office as
 2206  designated by the Secretary of Management Services, and, for
 2207  accounting purposes, must be segregated into two separate
 2208  categories:
 2209         (a) The wireless category; and
 2210         (b) The nonwireless category.
 2211  
 2212  All moneys must be invested by the Chief Financial Officer
 2213  pursuant to s. 17.61. All moneys in such fund are to be expended
 2214  by the agency office for the purposes provided in this section
 2215  and s. 365.172. These funds are not subject to s. 215.20.
 2216         (2) As determined by the board pursuant to s.
 2217  365.172(8)(h), and subject to any modifications approved by the
 2218  board pursuant to s. 365.172(6)(a)3. or (8)(i), the moneys in
 2219  the fund shall be distributed and used only as follows:
 2220         (g) Two percent of the moneys in the fund shall be used to
 2221  make monthly distributions to rural counties for the purpose of
 2222  providing facilities and network and service enhancements and
 2223  assistance for the 911 or E911 systems operated by rural
 2224  counties and for the provision of grants by the agency office to
 2225  rural counties for upgrading and replacing E911 systems.
 2226  
 2227  The Legislature recognizes that the fee authorized under s.
 2228  365.172 may not necessarily provide the total funding required
 2229  for establishing or providing the E911 service. It is the intent
 2230  of the Legislature that all revenue from the fee be used as
 2231  specified in this subsection.
 2232         Section 40. Subsection (1) of section 365.174, Florida
 2233  Statutes, is amended to read:
 2234         365.174 Proprietary confidential business information.—
 2235         (1) All proprietary confidential business information
 2236  submitted by a provider to the board or to the Agency for State
 2237  Technology office, including the name and billing or service
 2238  addresses of service subscribers, and trade secrets as defined
 2239  by s. 812.081, is confidential and exempt from s. 119.07(1) and
 2240  s. 24(a), Art. I of the State Constitution. Statistical
 2241  abstracts of information collected by the board or the agency
 2242  office may be released or published, but only in a manner that
 2243  does not identify or allow identification of subscribers or
 2244  their service numbers or of revenues attributable to any
 2245  provider.
 2246         Section 41. Section 401.013, Florida Statutes, is amended
 2247  to read:
 2248         401.013 Legislative intent.—It is the intention and purpose
 2249  of the Legislature that a statewide system of regional emergency
 2250  medical telecommunications be developed whereby maximum use of
 2251  existing radio channels is achieved in order to more effectively
 2252  and rapidly provide emergency medical service to the general
 2253  population. To this end, all emergency medical service entities
 2254  within the state are directed to provide the Agency for State
 2255  Technology Department of Management Services with any
 2256  information the agency department requests for the purpose of
 2257  implementing the provisions of s. 401.015, and such entities
 2258  shall comply with the resultant provisions established pursuant
 2259  to this part.
 2260         Section 42. Section 401.015, Florida Statutes, is amended
 2261  to read:
 2262         401.015 Statewide regional emergency medical
 2263  telecommunication system.—The Agency for State Technology shall
 2264  Department of Management Services is authorized and directed to
 2265  develop a statewide system of regional emergency medical
 2266  telecommunications. For the purpose of this part, the term
 2267  “telecommunications” means those voice, data, and signaling
 2268  transmissions and receptions between emergency medical service
 2269  components, including, but not limited to: ambulances; rescue
 2270  vehicles; hospitals or other related emergency receiving
 2271  facilities; emergency communications centers; physicians and
 2272  emergency medical personnel; paging facilities; law enforcement
 2273  and fire protection agencies; and poison control, suicide, and
 2274  emergency management agencies. In formulating such a system, the
 2275  agency department shall divide the state into appropriate
 2276  regions and shall develop a program that which includes, but is
 2277  not limited to, the following provisions:
 2278         (1) A requirements provision that states, which shall state
 2279  the telecommunications requirements for each emergency medical
 2280  entity comprising the region.
 2281         (2) An interfacility communications provision that depicts,
 2282  which shall depict the telecommunications interfaces between the
 2283  various medical service entities that which operate within the
 2284  region and state.
 2285         (3) An organizational layout provision that includes, which
 2286  shall include each emergency medical entity and the number of
 2287  radio operating units (base, mobile, handheld, etc.) per entity.
 2288         (4) A frequency allocation and use provision that includes,
 2289  which shall include on an entity basis each assigned and planned
 2290  radio channel and the type of operation (simplex, duplex, half
 2291  duplex, etc.) on each channel.
 2292         (5) An operational provision that includes, which shall
 2293  include dispatching, logging, and operating procedures
 2294  pertaining to telecommunications on an entity basis and regional
 2295  basis.
 2296         (6) An emergency medical service telephone provision that
 2297  includes, which shall include the telephone and the numbering
 2298  plan throughout the region for both the public and interface
 2299  requirements.
 2300         Section 43. Section 401.018, Florida Statutes, is amended
 2301  to read:
 2302         401.018 System coordination.—
 2303         (1) The statewide system of regional emergency medical
 2304  telecommunications shall be developed by the Agency for State
 2305  Technology Department of Management Services, which is
 2306  department shall be responsible for the implementation and
 2307  coordination of such system into the state telecommunications
 2308  plan. The agency department shall adopt any necessary rules and
 2309  regulations for administering implementing and coordinating the
 2310  such a system.
 2311         (2) The Agency for State Technology Department of
 2312  Management Services shall be designated as the state frequency
 2313  coordinator for the special emergency radio service.
 2314         Section 44. Section 401.021, Florida Statutes, is amended
 2315  to read:
 2316         401.021 System director.—The executive director of the
 2317  Agency for State Technology Secretary of Management Services or
 2318  his or her designee is designated as the director of the
 2319  statewide telecommunications system of the regional emergency
 2320  medical service and, for the purpose of carrying out the
 2321  provisions of this part, may is authorized to coordinate the
 2322  activities of the telecommunications system with other
 2323  interested state, county, local, and private agencies.
 2324         Section 45. Section 401.024, Florida Statutes, is amended
 2325  to read:
 2326         401.024 System approval.—An From July 1, 1973, no emergency
 2327  medical telecommunications system may not shall be established
 2328  and or present systems may not be expanded without prior
 2329  approval of the Agency for State Technology Department of
 2330  Management Services.
 2331         Section 46. Section 401.027, Florida Statutes, is amended
 2332  to read:
 2333         401.027 Federal assistance.—The executive director of the
 2334  Agency for State Technology Secretary of Management Services or
 2335  his or her designee may is authorized to apply for and accept
 2336  federal funding assistance in the development and implementation
 2337  of a statewide emergency medical telecommunications system.
 2338         Section 47. Paragraph (a) of subsection (2) of section
 2339  401.465, Florida Statutes, is amended to read:
 2340         401.465 911 public safety telecommunicator certification.—
 2341         (2) PERSONNEL; STANDARDS AND CERTIFICATION.—
 2342         (a) Effective October 1, 2012, any person employed as a 911
 2343  public safety telecommunicator at a public safety answering
 2344  point, as defined in s. 365.172(3)(b) s. 365.172(3)(a), must be
 2345  certified by the department.
 2346         Section 48. Subsection (4) of section 445.011, Florida
 2347  Statutes, is amended to read:
 2348         445.011 Workforce information systems.—
 2349         (4) Workforce Florida, Inc., shall coordinate development
 2350  and implementation of workforce information systems with the
 2351  executive director of the Agency for State Enterprise
 2352  Information Technology to ensure compatibility with the state’s
 2353  information system strategy and enterprise architecture.
 2354         Section 49. Subsection (2) and paragraphs (a) and (b) of
 2355  subsection (4) of section 445.045, Florida Statutes, are amended
 2356  to read:
 2357         445.045 Development of an Internet-based system for
 2358  information technology industry promotion and workforce
 2359  recruitment.—
 2360         (2) Workforce Florida, Inc., shall coordinate with the
 2361  Agency for State Enterprise Information Technology and the
 2362  Department of Economic Opportunity to ensure links, where
 2363  feasible and appropriate, to existing job information websites
 2364  maintained by the state and state agencies and to ensure that
 2365  information technology positions offered by the state and state
 2366  agencies are posted on the information technology website.
 2367         (4)(a) Workforce Florida, Inc., shall coordinate
 2368  development and maintenance of the website under this section
 2369  with the executive director of the Agency for State Enterprise
 2370  Information Technology to ensure compatibility with the state’s
 2371  information system strategy and enterprise architecture.
 2372         (b) Workforce Florida, Inc., may enter into an agreement
 2373  with the Agency for State Enterprise Information Technology, the
 2374  Department of Economic Opportunity, or any other public agency
 2375  with the requisite information technology expertise for the
 2376  provision of design, operating, or other technological services
 2377  necessary to develop and maintain the website.
 2378         Section 50. Paragraph (b) of subsection (18) of section
 2379  668.50, Florida Statutes, is amended to read:
 2380         668.50 Uniform Electronic Transaction Act.—
 2381         (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY
 2382  GOVERNMENTAL AGENCIES.—
 2383         (b) To the extent that a governmental agency uses
 2384  electronic records and electronic signatures under paragraph
 2385  (a), the Agency for State Enterprise Information Technology, in
 2386  consultation with the governmental agency, giving due
 2387  consideration to security, may specify:
 2388         1. The manner and format in which the electronic records
 2389  must be created, generated, sent, communicated, received, and
 2390  stored and the systems established for those purposes.
 2391         2. If electronic records must be signed by electronic
 2392  means, the type of electronic signature required, the manner and
 2393  format in which the electronic signature must be affixed to the
 2394  electronic record, and the identity of, or criteria that must be
 2395  met by, any third party used by a person filing a document to
 2396  facilitate the process.
 2397         3. Control processes and procedures as appropriate to
 2398  ensure adequate preservation, disposition, integrity, security,
 2399  confidentiality, and auditability of electronic records.
 2400         4. Any other required attributes for electronic records
 2401  which are specified for corresponding nonelectronic records or
 2402  reasonably necessary under the circumstances.
 2403         Section 51. Except as otherwise expressly provided in this
 2404  act, this act shall take effect July 1, 2012.