The Florida Senate

282.003  Short title.

282.005  Legislative findings and intent.

282.101  Construction of terms, "communications" or "communications system."

282.102  Powers and duties of the Department of Management Services.

282.103  SUNCOM Network; exemptions from the required use.

282.104  Use of state SUNCOM Network by municipalities.

282.105  Use of state SUNCOM Network by nonprofit corporations.

282.106  Use of SUNCOM Network by libraries.

282.107  SUNCOM Network; criteria for usage.

282.109  Emergency assumption of control.

282.1095  State agency law enforcement radio system.

282.111  Statewide system of regional law enforcement communications.

282.20  Technology Resource Center.

282.21  Department of Management Services' electronic access services.

282.22  Department of Management Services production and dissemination of materials and products.

282.303  Definitions.

282.3031  Assignment of information resources management responsibilities.

282.3032  Development and implementation of information systems; guiding principles.

282.3041  State agency responsibilities.

282.3055  Agency Chief Information Officer; appointment; duties.

282.3063  Agency Annual Information Resources Management Report.

282.3091  State Technology Council; creation.

282.3093  State Technology Office; legislative intent; powers and duties.

282.310  State Annual Report on Information Resources Management.

282.315  Chief Information Officers Council; creation.

282.318  Security of data and information technology resources.

282.322  Special monitoring process for designated information resources management projects.

282.404  Geographic information board; definition; membership; creation; duties; advisory council; membership; duties.

282.4045  Immunity for state agencies and units of local government for year 2000 computer date calculation failures.

282.003  Short title.--This ¹part may be cited as the "Information Resources Management Act of 1997."

History.--s. 8, ch. 87-137; s. 1, ch. 92-98; s. 93, ch. 92-142; s. 4, ch. 96-390; s. 7, ch. 97-286.

¹Note.--Substituted by the editors for the word "chapter" to conform to the division of the chapter into parts incident to compiling the Florida Statutes 1997.

282.005  Legislative findings and intent.--The Legislature finds that:

(1)  Information is a strategic asset of the state, and, as such, it should be managed as a valuable state resource.

(2)  The state makes significant investments in information technology resources in order to manage information and to provide services to its citizens.

(3)  The head of each state agency has primary responsibility and accountability for the planning, budgeting, acquisition, development, implementation, use, and management of information technology resources within the agency.

(4)  The expanding need for, use of, and dependence on information technology resources requires focused management attention and managerial accountability by state agencies and the state as a whole.

(5)  The agency head has primary responsibility for the agency's information technology resources and for their use in accomplishing the agency's mission. However, each agency shall also use its information technology resources in the best interests of the state as a whole and thus contribute to and make use of shared data and related resources whenever appropriate.

(6)  The state shall provide, by whatever means is most cost-effective and efficient, the information resources management infrastructure needed to collect, store, and process the state's data and information, provide connectivity, and facilitate the exchange of data and information among both public and private parties.

(7)  A necessary part of the state's information resources management infrastructure is a statewide communications system for all types of signals, including voice, data, video, radio, and image.

(8)  To ensure the best management of the state's information technology resources, and notwithstanding other provisions of law to the contrary, the functions of information resources management are hereby assigned to the Board of Regents as the agency responsible for the development and implementation of policy, planning, management, rulemaking, standards, and guidelines for the State University System; to the State Board of Community Colleges as the agency responsible for establishing and developing rules and policies for the State Community College System; to the Supreme Court, for the judicial branch; and to each state attorney and public defender.

History.--s. 8, ch. 97-286.

282.101  Construction of terms, "communications" or "communications system."--Any reference in this ¹part to "communications" or "communications system" means any transmission, emission, and reception of signs, signals, writings, images, and sounds of intelligence of any nature by wire, radio, optical, or other electromagnetic systems and includes all facilities and equipment owned, leased, or used by all agencies and political subdivisions of state government.

History.--s. 22, ch. 69-106; s. 10, ch. 87-137.

¹Note.--Substituted by the editors for the word "chapter" to conform to the division of the chapter into parts incident to compiling the Florida Statutes 1997.

Note.--Former s. 287.26.

282.102  Powers and duties of the Department of Management Services.--The Department of Management Services shall have the following powers, duties, and functions:

(1)  To publish electronically the portfolio of services available from the department, including pricing information; the policies and procedures of the department governing usage of available services; and a forecast of the priorities and initiatives for the state communications system for the ensuing 2 years. The department shall provide a hard copy of its portfolio of services upon request.

(2)  To coordinate the purchase, lease, and use of all communications services for state government, including communications services provided as part of any other total system to be used by the state or any of its agencies.

(3)  To advise and render aid to state agencies and political subdivisions of the state as to systems or methods to be used for organizing and meeting communications requirements efficiently and effectively.

(4)  To consolidate the communications systems and services of state agencies and to provide for their joint use by the agencies when determined by the department to be economically efficient or performance-effective.

(5)  To adopt technical standards for the state communications system which will assure the interconnection of computer networks and information systems of state agencies.

(6)  To assume management responsibility for any consolidated communications system or service when determined by the department to be economically efficient or performance-effective.

(7)  To enter into agreements for the support and use of the communications services of state agencies and of political subdivisions of the state.

(8)  To use or acquire, with agency concurrence, communications facilities now owned or operated by any state agency.

(9)  To standardize policies and procedures for the use of such services.

(10)  To purchase from or contract with suppliers and communications companies for communications facilities or services, including private line services.

(11)  To apply for, receive, and hold, or assist agencies in applying for, receiving, or holding, such authorizations, licenses, and allocations or channels and frequencies to carry out the purposes of ss. 282.101-282.109.

(12)  To acquire real estate, equipment, and other property.

(13)  To cooperate with any federal, state, or local emergency management agency in providing for emergency communications services.

(14)  To delegate to state agencies the powers of acquisition and utilization of communications equipment, facilities, and services or to control and approve the purchase, lease, and use of all communications equipment, services, and facilities, including communications services provided as part of any other total system to be used by the state or any of its agencies. This subsection does not apply to the data processing hardware of an agency as defined in this part.

(15)  To take ownership, custody, and control of existing communications equipment and facilities, with agency concurrence, including all right, title, interest, and equity therein, to carry out the purposes of ss. 282.101-282.109. However, the provisions of this subsection shall in no way affect the rights, title, interest, or equity in any such equipment or facilities owned by, or leased to, the state or any state agency by any telecommunications company.

(16)  To prescribe rules and regulations for the use of the state communications system.

(17)  To provide a means whereby political subdivisions of the state may use the state communications system upon such terms and under such conditions as the department may establish.

(18)  To apply for and accept federal funds for any of the purposes of ss. 282.101-282.109 as well as gifts and donations from individuals, foundations, and private organizations.

(19)  To monitor issues relating to communications facilities and services before the Florida Public Service Commission and, when necessary, prepare position papers, prepare testimony, appear as a witness, and retain witnesses on behalf of state agencies in proceedings before the commission.

(20)  Unless delegated to the agencies, to manage and control, but not intercept or interpret, communications within the SUNCOM Network by:

(a)  Establishing technical standards to physically interface with the SUNCOM Network.

(b)  Specifying how communications are transmitted within the SUNCOM Network.

(c)  Controlling the routing of communications within the SUNCOM Network.

(d)  Establishing standards, policies, and procedures for access to the SUNCOM Network.

(e)  Ensuring orderly and reliable communications services in accordance with the standards and policies of all state agencies and the service agreements executed with state agencies.

(21)  To plan, design, and conduct experiments in communications services, equipment, and technologies, and to implement enhancements in the state communications system when justified and cost-effective. Funding for such experiments shall be derived from SUNCOM Network service revenues and shall not exceed 1 percent of the annual budget for the SUNCOM Network for any fiscal year. New services offered as a result of this subsection shall not affect existing rates for facilities or services.

(22)  To enter into contracts or agreements, with or without competitive bidding or procurement, to make available, on a fair, reasonable, and nondiscriminatory basis, property and other structures under department control for the placement of new facilities by any wireless provider of mobile service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any telecommunications company as defined in s. 364.02 when it is determined to be practical and feasible to make such property or other structures available. The department may, without adopting a rule, charge a just, reasonable, and nondiscriminatory fee for the placement of the facilities, payable annually, based on the fair market value of space used by comparable communications facilities in the state. The department and a wireless provider or telecommunications company may negotiate the reduction or elimination of a fee in consideration of services provided to the department by the wireless provider or telecommunications company. All such fees collected by the department shall be deposited directly into the State Agency Law Enforcement Radio System Trust Fund, and may be used by the department to construct, maintain, or support the system.

History.--s. 22, ch. 69-106; s. 1, ch. 70-327; s. 36, ch. 83-334; s. 11, ch. 87-137; s. 220, ch. 92-279; s. 55, ch. 92-326; s. 16, ch. 95-143; s. 1, ch. 96-357; s. 9, ch. 96-390; s. 11, ch. 97-286; s. 65, ch. 98-279.

Note.--Former s. 287.25.

282.103  SUNCOM Network; exemptions from the required use.--

(1)  There is created within the Department of Management Services the SUNCOM Network which shall be developed to serve as the state communications system for providing local and long-distance communications services to state agencies, political subdivisions of the state, municipalities, and nonprofit corporations pursuant to ss. 282.101-282.111. The SUNCOM Network shall be developed to transmit all types of communications signals, including, but not limited to, voice, data, video, image, and radio. State agencies shall cooperate and assist in the development and joint use of communications systems and services.

(2)  The Department of Management Services shall design, engineer, implement, manage, and operate through state ownership, commercial leasing, or some combination thereof, the facilities and equipment providing SUNCOM Network services, and shall develop a system of equitable billings and charges for communication services.

(3)  All state agencies are required to use the SUNCOM Network for agency communications services as the services become available; however, no agency is relieved of responsibility for maintaining communications services necessary for effective management of its programs and functions. If a SUNCOM Network service does not meet the communications requirements of an agency, the agency shall notify the Department of Management Services in writing and detail the requirements for that communications service. If the department is unable, within 90 days, to meet an agency's requirements by enhancing SUNCOM Network service, the department shall grant the agency an exemption from the required use of specified SUNCOM Network services.

History.--s. 22, ch. 69-106; s. 13, ch. 87-137; s. 3, ch. 91-171; s. 222, ch. 92-279; s. 55, ch. 92-326; s. 10, ch. 96-390; s. 66, ch. 98-279.

Note.--Former s. 287.27.

282.104  Use of state SUNCOM Network by municipalities.--Any municipality may request the Department of Management Services to provide any or all of the SUNCOM Network's portfolio of communications services upon such terms and under such conditions as the department may establish. The requesting municipality shall pay its share of installation and recurring costs according to the published rates for SUNCOM Network services and as invoiced by the department. Such municipality shall also pay for any requested modifications to existing SUNCOM Network services, if any charges apply.

History.--s. 3, ch. 82-56; s. 1, ch. 83-70; s. 14, ch. 87-137; s. 11, ch. 96-390; s. 67, ch. 98-279.

Note.--Former s. 287.251.

¹282.105  Use of state SUNCOM Network by nonprofit corporations.--

(1)  The Department of Management Services shall provide a means whereby private nonprofit corporations under contract with state agencies or political subdivisions of the state may use the state SUNCOM Network, subject to the limitations in this section. In order to qualify to use the state SUNCOM Network, a nonprofit corporation shall:

(a)  Expend the majority of its total direct revenues for the provision of contractual services to the state, a municipality, or a political subdivision of the state; and

(b)  Receive only a small portion of its total revenues from any source other than a state agency, a municipality, or a political subdivision of the state during the period of time SUNCOM Network services are requested.

(2)  Each nonprofit corporation seeking authorization to use the state SUNCOM Network pursuant to this section shall provide to the department, upon request, proof of compliance with subsection (1).

(3)  Nonprofit corporations established pursuant to general law and an association of municipal governments which is wholly owned by the municipalities shall be eligible to use the state SUNCOM Network, subject to the terms and conditions of the department.

(4)  Institutions qualified pursuant to s. 240.605 shall be eligible to use the state SUNCOM Network, subject to the terms and conditions of the department. Such entities shall not be required to satisfy the other criteria of this section.

History.--s. 1, ch. 80-107; s. 2, ch. 82-56; s. 3, ch. 83-70; s. 15, ch. 87-137; s. 223, ch. 92-279; s. 55, ch. 92-326; s. 197, ch. 95-148; s. 12, ch. 96-390; s. 19, ch. 97-296; s. 68, ch. 98-279.

¹Note.--Section 5, ch. 97-296, provides that:

"(1)  The administrative rules of the Department of Management Services that are in effect immediately prior to the effective date of this act shall not be affected by this act and shall remain in effect until specifically changed in a manner provided by law.

"(2)  This section shall take effect [June 1, 1997]."

Note.--Former s. 287.272.

282.106  Use of SUNCOM Network by libraries.--The Department of Management Services may provide SUNCOM Network services to any library in the state, including libraries in public schools, community colleges, the State University System, and nonprofit private postsecondary educational institutions, and libraries owned and operated by municipalities and political subdivisions.

History.--s. 2, ch. 96-357.

282.107  SUNCOM Network; criteria for usage.--

(1)  The ¹division shall periodically review the qualifications of subscribers using the state SUNCOM Network and shall terminate services provided to any facility not qualified pursuant to ss. 282.101-282.111 or rules adopted hereunder. In the event of nonpayment of invoices by subscribers whose SUNCOM Network invoices are paid from sources other than legislative appropriations, such nonpayment represents good and sufficient reason to terminate service.

(2)  The ¹division shall adopt rules setting forth its procedures for withdrawing and restoring authorization to use the state SUNCOM Network. Such rules shall provide a minimum of 30 days' notice to affected parties prior to termination of voice communications service.

(3)  Nothing in this section shall be construed to limit or restrict the ability of the Florida Public Service Commission to set jurisdictional tariffs of telecommunications companies.

History.--s. 1, ch. 82-56; s. 2, ch. 83-70; s. 16, ch. 87-137; s. 13, ch. 96-390.

¹Note.--Deleted in the reorganization of the Department of Management Services by s. 3, ch. 97-296. Section 4, ch. 97-296, requires the Division of Statutory Revision to prepare a reviser's bill for submission to the 1998 Regular Session of the Legislature substituting references to the Department of Management Services in the Florida Statutes for references to divisions, bureaus, or other units of that department.

Note.--Former s. 287.255.

282.109  Emergency assumption of control.--In the event of an emergency, the Governor may direct emergency management assumption of control over all or part of the state communications system.

History.--s. 22, ch. 69-106; s. 37, ch. 83-334.

Note.--Former s. 287.28.

282.1095  State agency law enforcement radio system.--

(1)  For the purpose of acquiring and implementing a statewide radio communications system to serve law enforcement units of state agencies, and to serve local law enforcement agencies through a mutual aid channel, the Joint Task Force on State Agency Law Enforcement Communications is established in the Department of Management Services and the State Agency Law Enforcement Radio System Trust Fund is established in the Department of Management Services from July 1, 1988, through December 31, 2003. The trust fund shall be funded from surcharges collected under ss. 320.0802 and 327.25.

(2)(a)  The Joint Task Force on State Agency Law Enforcement Communications shall consist of eight members, as follows:

1.  A representative of the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation who shall be appointed by the secretary of the department.

2.  A representative of the Division of Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles who shall be appointed by the executive director of the department.

3.  A representative of the Department of Law Enforcement who shall be appointed by the executive director of the department.

4.  A representative of the Game and Fresh Water Fish Commission who shall be appointed by the executive director of the commission.

5.  A representative of the Division of Law Enforcement of the Department of Environmental Protection who shall be appointed by the secretary of the department.

6.  A representative of the Department of Corrections who shall be appointed by the secretary of the department.

7.  A representative of the Division of State Fire Marshal of the Department of Insurance who shall be appointed by the State Fire Marshal.

8.  A representative of the Department of Transportation who shall be appointed by the secretary of the department.

(b)  Each appointed member of the joint task force shall serve at the pleasure of the appointing official. Any vacancy on the joint task force shall be filled in the same manner as the original appointment.

(c)  The joint task force shall elect a chair from among its members to serve a 1-year term. A vacancy in the chair of the joint task force must be filled for the remainder of the unexpired term by an election of the joint task force members.

(d)  The joint task force shall meet as necessary, but at least quarterly, at the call of the chair and at the time and place designated by him or her.

(e)  The per diem and travel expenses incurred by a member of the joint task force in attending its meetings and in attending to its affairs shall be paid pursuant to s. 112.061, from funds budgeted to the state agency that the member represents.

(f)  The Department of Management Services is hereby authorized to rent or lease space on any tower under its control. The department may also rent, lease, or sublease ground space as necessary to locate equipment to support antennae on the towers. The costs for use of such space shall be established by the department for each site, when it is determined to be practicable and feasible to make space available. The department may refuse to lease space on any tower at any site. All moneys collected by the department for such rents, leases, and subleases shall be deposited directly into the State Agency Law Enforcement Radio System Trust Fund and may be used by the department to construct, maintain, or support the system.

(g)  The Department of Management Services is hereby authorized to rent, lease, or sublease ground space on lands acquired by the department for the construction of privately owned or publicly owned towers. The department may, as a part of such rental, lease, or sublease agreement, require space on said tower or towers for antennae as may be necessary for the construction and operation of the state agency law enforcement radio system or any other state need. The positions necessary for the department to accomplish its duties under this paragraph and paragraph (f) shall be established in the General Appropriations Act and shall be funded by the State Agency Law Enforcement Radio System Trust Fund.

(3)  Moneys in the trust fund may be used by the joint task force to acquire by competitive procurement the equipment; software; and engineering, administrative, and maintenance services it needs to construct, operate, and maintain the statewide radio system. Moneys in the trust fund collected as a result of the surcharges set forth in ss. 320.0802 and 327.25 shall be used to help fund the costs of the system. Upon completion of the system, moneys in the trust fund may also be used by the joint task force to provide for payment of the recurring maintenance costs of the system. During statewide implementation, moneys in the trust fund may be used by the joint task force to maintain and enhance, over and above existing agency budgets, existing radio equipment systems of the state agencies represented by the task force members, up to a maximum of 10 percent per year per agency, of the existing radio equipment inventory until the existing radio equipment can be replaced pursuant to implementation of the statewide radio communications system.

(4)(a)  The joint task force, shall establish policies, procedures, and standards which shall be incorporated into a comprehensive management plan for the use and operation of the statewide radio communications system.

(b)  The joint task force shall have the authority to permit other state agencies to use the communications system, under terms and conditions established by the joint task force.

(5)(a)  The Department of Management Services shall provide technical support to the joint task force and shall bear the overall responsibility for the design, engineering, acquisition, and implementation of the statewide radio communications system and for ensuring the proper operation and maintenance of all system common equipment.

(b)  The positions necessary for the department to accomplish its duties under this section shall be established through the budgetary process and shall be funded by the State Agency Law Enforcement Radio System Trust Fund.

History.--s. 1, ch. 88-144; s. 1, ch. 92-72; s. 224, ch. 92-279; s. 55, ch. 92-326; s. 30, ch. 94-218; s. 111, ch. 94-356; s. 860, ch. 95-148; s. 5, ch. 95-283; s. 1, ch. 96-312; s. 5, ch. 96-357; s. 10, ch. 96-388; s. 14, ch. 96-390; s. 6, ch. 98-251; s. 69, ch. 98-279.

282.111  Statewide system of regional law enforcement communications.--

(1)  It is the intent and purpose of the Legislature that a statewide system of regional law enforcement communications be developed whereby maximum efficiency in the use of existing radio channels is achieved in order to deal more effectively with the apprehension of criminals and the prevention of crime generally. To this end, all law enforcement agencies within the state are directed to provide the Department of Management Services with any information the department requests for the purpose of implementing the provisions of subsection (2).

(2)  The Department of Management Services is hereby authorized and directed to develop and maintain a statewide system of regional law enforcement communications. In formulating such a system, the department shall divide the state into appropriate regions and shall develop a program which shall include, but not be limited to, the following provisions:

(a)  The communications requirements for each county and municipality comprising the region.

(b)  An interagency communications provision which shall depict the communication interfaces between municipal, county, and state law enforcement entities which operate within the region.

(c)  Frequency allocation and use provision which shall include, on an entity basis, each assigned and planned radio channel and the type of operation, simplex, duplex, or half-duplex, on each channel.

(3)  The department shall adopt any necessary rules and regulations for implementing and coordinating the statewide system of regional law enforcement communications.

(4)  The director of the ¹division is designated as the director of the statewide system of regional law enforcement communications and, for the purpose of carrying out the provisions of this section, is authorized to coordinate the activities of the system with other interested state agencies and local law enforcement agencies.

(5)  No law enforcement communications system shall be established or present system expanded without the prior approval of the Department of Management Services.

(6)  Within the limits of its capability, the Department of Law Enforcement is encouraged to lend assistance to the Department of Management Services in the development of the statewide system of regional law enforcement communications proposed by this section.

History.--ss. 1, 2, 3, 4, 5, 6, ch. 72-296; s. 1, ch. 77-174; s. 12, ch. 79-8; s. 225, ch. 92-279; s. 55, ch. 92-326; s. 11, ch. 96-388; s. 15, ch. 96-390; s. 7, ch. 98-251; s. 70, ch. 98-279.

¹Note.--Deleted in the reorganization of the Department of Management Services by s. 3, ch. 97-296.

Note.--Former s. 287.29.

282.20  Technology Resource Center.--

(1)(a)  The ¹Division of Information Services of the Department of Management Services shall operate and manage the Technology Resource Center.

(b)  For the purposes of this section, the term:

1.  "Department" means the Department of Management Services.

2.  "Division" means the ¹Division of Information Services of the Department of Management Services.

3.  "Information-system utility" means a full-service information-processing facility offering hardware, software, operations, integration, networking, and consulting services.

4.  "Customer" means a state agency or other entity which is authorized to utilize the SUNCOM Network pursuant to this ²part.

(2)  The ¹division and the Technology Resource Center shall:

(a)  Serve the department and other customers as an information-system utility.

³(b)  Cooperate with the Information Resource Commission and with other customers to offer, develop, and support a wide range of services and applications needed by users of the Technology Resource Center.

(c)  Cooperate with the Florida Legal Resource Center of the Department of Legal Affairs and other state agencies to develop and provide access to repositories of legal information throughout the state.

(d)  Cooperate with the ¹Division of Communications of the department to facilitate interdepartmental networking and integration of network services for its customers.

(e)  Assist customers in testing and evaluating new and emerging technologies that could be used to meet the needs of the state.

(3)  The ¹division may contract with customers to provide any combination of services necessary for agencies to fulfill their responsibilities and to serve their users.

(4)  Acceptance of any new customer other than a state agency which is expected to pay during the initial 12 months of use more than 5 percent of the previous year's revenues of the Technology Resource Center shall be contingent upon approval of the Office of Planning and Budgeting in a manner similar to the budget amendment process in s. 216.181.

(5)  The Technology Resource Center may plan, design, establish pilot projects for, and conduct experiments with information technology resources, and may implement enhancements in services when such implementation is cost-effective. Funding for experiments and pilot projects shall be derived from service revenues and may not exceed 5 percent of the service revenues for the Technology Resource Center for any fiscal year. Any experiment, pilot project, plan, or design must be approved by the data processing policy board of the center.

(6)  Notwithstanding the provisions of s. 216.272, the Technology Resource Center may spend the funds in the reserve account of its working capital trust fund for enhancements to center operations or for information technology resources. Any expenditure of reserve account funds must be approved by the data processing policy board of the center. Any funds remaining in the reserve account at the end of the fiscal year may be carried forward and spent as approved by the policy board.

History.--s. 3, ch. 94-226; s. 10, ch. 94-340; s. 12, ch. 97-241; s. 13, ch. 97-286.

¹Note.--Deleted in the reorganization of the Department of Management Services by s. 3, ch. 97-296. Section 4, ch. 97-296, requires the Division of Statutory Revision to prepare a reviser's bill for submission to the 1998 Regular Session of the Legislature substituting references to the Department of Management Services in the Florida Statutes for references to divisions, bureaus, or other units of that department.

²Note.--Substituted by the editors for the word "chapter" to conform to the division of the chapter into parts incident to compiling the Florida Statutes 1997.

³Note.--As amended by s. 12, ch. 97-241. This version is published as the last expression of legislative will (see Journal of the House of Representatives 1997, pp. 1201 and 1491). Paragraph (b) of subsection (2) was also amended by s. 13, ch. 97-286, and that version reads:

(b)  Offer, develop, and support a wide range of services and applications needed by users of the Technology Resource Center.

282.21  Department of Management Services' electronic access services.--The Department of Management Services may collect fees for providing remote electronic access pursuant to s. 119.085. The fees may be imposed on individual transactions or as a fixed subscription for a designated period of time. All fees collected under this section shall be deposited in the appropriate trust fund of the program or activity that made the remote electronic access available.

History.--s. 13, ch. 97-241.

282.22  Department of Management Services production and dissemination of materials and products.--

(1)  It is the intent of the Legislature that when materials and products are developed by or under the direction of the Department of Management Services, through research and development or other efforts, including those subject to copyright, patent, or trademark, they shall be made available for use by state and local government entities at the earliest practicable date and in the most economical and efficient manner possible and consistent with chapter 119.

(2)  To accomplish this objective the department is authorized to publish, produce, or have produced materials and products and to make them readily available for appropriate use. The department is authorized to charge an amount adequate to cover the essential cost of producing and disseminating such materials and products and is authorized to sell copies for use to any entity who is authorized to utilize the SUNCOM Network pursuant to this ¹part and to the public.

(3)  In cases in which the materials or products are of such nature, or the circumstances are such, that it is not practicable or feasible for the department to produce or have produced materials and products so developed, it is authorized, after review and approval by the Department of State, to license, lease, assign, sell, or otherwise give written consent to any person, firm, or corporation for the manufacture or use thereof, on a royalty basis, or for such other consideration as the department shall deem proper and in the best interest of the state; the department is authorized and directed to protect same against improper or unlawful use or infringement and to enforce the collection of any sums due for the manufacture or use thereof by any other party.

(4)  All proceeds from the sale of such materials and products or other money collected pursuant to this section shall be deposited into the Grants and Donations Trust Fund of the department and, when properly budgeted as approved by the Legislature and the Executive Office of the Governor, used to pay the cost of producing and disseminating materials and products to carry out the intent of this section.

History.--s. 14, ch. 97-241.

¹Note.--Substituted by the editors for the word "chapter" to conform to the division of the chapter into parts incident to compiling the Florida Statutes 1997.

282.303  Definitions.--For the purposes of ss. 282.303-282.322, the term:

(1)  "Agency" means those entities described in chapter 216.

(2)  "State Technology Council" means the council created in s. 282.3091 to develop a statewide vision for, and make recommendations on, information resources management.

(3)  "Chief Information Officer" means the person appointed by the agency head to coordinate and manage the information resources management policies and activities within that agency.

(4)  "Chief Information Officers Council" means the council created in s. 282.315 to facilitate the sharing and coordination of information resources management issues and initiatives among the agencies.

(5)  "State Technology Office" means the office created in s. 282.3093 to support specified information resources management activities and to facilitate educational and training opportunities.

(6)  "Data processing hardware" means information technology equipment designed for the automated storage, manipulation, and retrieval of data by electronic or mechanical means, or both, and includes, but is not limited to, central processing units, front-end processing units, including miniprocessors and microprocessors, and related peripheral equipment such as data storage devices, document scanners, data entry, terminal controllers and data terminal equipment, computer-related word processing systems, and equipment and systems for computer networks.

(7)  "Data processing services" means all services that include, but are not limited to, feasibility studies, systems design, software development, or time-sharing services.

(8)  "Data processing software" means the programs and routines used to employ and control the capabilities of data processing hardware, including, but not limited to, operating systems, compilers, assemblers, utilities, library routines, maintenance routines, applications, and computer networking programs.

(9)  "Agency Annual Information Resources Management Report" means the report prepared by the Chief Information Officer of each agency as required by s. 282.3063.

(10)  "State Annual Report on Information Resources Management" means the report prepared by the State Technology Office as defined in s. 282.3093.

(11)  "Project" means an undertaking directed at the accomplishment of a strategic objective relating to information resources management or a specific appropriated program.

(12)  "Information resources management" means the planning, budgeting, acquiring, developing, organizing, directing, training, and control associated with government information resources. The term encompasses information and related resources, as well as the controls associated with their acquisition, development, dissemination, and use.

(13)  "Information technology resources" means data processing hardware and software and services, communications, supplies, personnel, facility resources, maintenance, and training.

(14)  "Information resources management infrastructure" means the hardware, software, networks, data, human resources, policies, standards, and facilities that are required to support the business processes of an agency.

(15)  "Technology Review Workgroup" means the workgroup created in s. 216.0446 to review and make recommendations on agencies' information resources management planning and budgeting proposals.

(16)  "Total cost" means all costs associated with information resources management projects or initiatives, including, but not limited to, value of hardware, software, service, maintenance, incremental personnel, and facilities. Total cost of a loan or gift of information technology resources to an agency includes the fair market value of the resources, except that the total cost of loans or gifts of information technology resources to state universities to be used in instruction or research does not include fair market value.

History.--ss. 3, 11, ch. 83-92; s. 17, ch. 87-137; ss. 10, 11, ch. 90-160; s. 4, ch. 91-171; s. 10, ch. 91-221; s. 5, ch. 91-429; s. 3, ch. 92-98; s. 95, ch. 92-142; s. 14, ch. 94-226; s. 11, ch. 94-340; s. 9, ch. 97-286.

¹282.3031  Assignment of information resources management responsibilities.--For purposes of ss. 282.303-282.322, to ensure the best management of state information technology resources, and notwithstanding other provisions of law to the contrary, the functions of information resources management are hereby assigned to the Board of Regents as the agency responsible for the development and implementation of policy, planning, management, rulemaking, standards, and guidelines for the State University System; to the State Board of Community Colleges as the agency responsible for establishing and developing rules and policies for the State Community College System; to the Supreme Court for the judicial branch; and to each state attorney and public defender.

History.--s. 10, ch. 97-286.

¹Note.--Section 40, ch. 97-286, provides that "[t]he administrative rules of the Information Resource Commission shall remain in effect until June 30, 1998, at which time such rules are repealed. However, the judicial and legislative branches, the State University System, and the Community College System are not bound by any existing administrative rules adopted by the Information Resource Commission."

282.3032  Development and implementation of information systems; guiding principles.--To ensure the best management of the state's information technology resources, the following guiding principles are adopted:

(1)  Cooperative planning by state governmental entities is a prerequisite for the effective development and implementation of information systems to enable sharing of data.

(2)  The planning process, as well as coordination of development efforts, should include all principals from the outset.

(3)  State governmental entities should be committed to maximizing information sharing and moving away from proprietary positions taken relative to data they collect and maintain.

(4)  State governmental entities should maximize public access to data, while complying with legitimate security, privacy, and confidentiality requirements.

(5)  State governmental entities should strive for electronic sharing of information via networks to the extent possible.

(6)  To the extent that state government entities charge each other for data, this practice, insofar as possible, should be eliminated. Further, when the capture of data for mutual benefit can be accomplished, the costs for the development, capture, and network for access to that data should be shared.

(7)  The redundant capture of data should, insofar as possible, be eliminated.

(8)  Only data that are auditable, or that otherwise can be determined to be accurate, valid, and reliable, should be maintained.

(9)  Methods of sharing data among different protocols should be developed without requiring major redesign or replacement of individual systems.

(10)  Consistency of data elements should be achieved by establishing standard data definitions and formats when possible.

History.--s. 10, ch. 97-286.

282.3041  State agency responsibilities.--The head of each state agency is responsible and accountable for information resources management within the agency in accordance with legislative intent and as defined in this ¹part.

History.--s. 10, ch. 97-286.

¹Note.--Substituted by the editors for the word "chapter" to conform to the division of the chapter into parts incident to compiling the Florida Statutes 1997.

282.3055  Agency Chief Information Officer; appointment; duties.--

(1)(a)  To assist the agency head in carrying out the information resources management responsibilities, the agency head shall appoint or contract for a Chief Information Officer at a level commensurate with the role and importance of information technology resources in the agency. This position may be full time or part time.

(b)  The Chief Information Officer must, at a minimum, have knowledge and experience in both management and information technology resources.

(2)  The duties of the Chief Information Officer include, but are not limited to:

(a)  Coordinating and facilitating agency information resources management projects and initiatives.

(b)  Preparing an agency annual report on information resources management pursuant to s. 282.3063.

(c)  Developing and implementing agency information resources management policies, procedures, and standards, including specific policies and procedures for review and approval of the agency's purchases of information technology resources.

(d)  Advising agency senior management as to the information resources management needs of the agency for inclusion in planning documents required by law.

(e)  Assisting in the development and prioritization of the information resources management schedule of the agency's legislative budget request.

History.--s. 10, ch. 97-286.

282.3063  Agency Annual Information Resources Management Report.--

(1)  By September 1 of each year, and for the State University System within 90 days after completion of the expenditure analysis developed pursuant to s. 240.271(4), each Chief Information Officer shall prepare and submit to the State Technology Office an Agency Annual Information Resources Management Report. Following consultation with the State Technology Council and the Chief Information Officers Council, the Executive Office of the Governor and the fiscal committees of the Legislature shall jointly develop and issue instructions for the format and contents of the report.

(2)  The Agency Annual Information Resources Management Report shall contain, at a minimum, the following:

(a)  A forecast of information resources management priorities and initiatives for the ensuing 2 years.

(b)  A description of the current information resources management infrastructure of the agency and planned changes for the ensuing 2 years.

(c)  A status report on the major information resources management projects of the agency.

(d)  An assessment of the progress made toward implementing the prior fiscal year legislative appropriation to the agency for information resources management.

(e)  The estimated expenditures by the agency for information resources management for the prior fiscal year.

(f)  An inventory list, by major categories, of the agency information technology resources, which specifically identifies the resources acquired during the previous fiscal year.

(g)  An assessment of opportunities for the agency to share information resources management projects or initiatives with other governmental or private entities.

(h)  A list of information resources management issues the agency has identified as statewide issues or critical information resources management issues for which the State Technology Council could provide future leadership or assistance.

History.--s. 10, ch. 97-286; s. 20, ch. 98-73.

282.3091  State Technology Council; creation.--

(1)  The Legislature finds that it is in the state's interest to create a council consisting of state senior-level executive managers and representatives from the private sector to develop a statewide vision and to make recommendations on statewide policies for information resources management to the Executive Office of the Governor and the Legislature.

(2)  There is created a State Technology Council. The council shall be placed, for administrative purposes, in the Department of Management Services.

(3)  The council shall be composed of nine members as follows:

(a)  The director of the Governor's Office of Planning and Budgeting, who shall serve as chair of the council.

(b)  The Comptroller.

(c)  The Commissioner of Education.

(d)  The Secretary of State.

(e)  The secretary of the Department of Management Services.

(f)  Two state agency heads appointed by the Governor.

(g)  Two private sector representatives, one appointed by the Speaker of the House of Representatives and one appointed by the President of the Senate, who are not current members of the Legislature. Private sector representatives shall, at a minimum, have a general knowledge of or experience in managing information technology resources. However, representatives of information technology resource vendors or any of their subsidiaries that sell products or services to the state shall not be appointed to serve as a private sector representative.

Members may appoint designees to serve on their behalf; however, such designees must be in a position that reports directly to the member.

(4)  Members of the council who are appointed shall serve 2-year terms beginning January 1 through December 31, except that their initial term shall be July 1, 1997, through December 31, 1998. A member may be removed by the appointing officer for cause or if such member is absent from three consecutive meetings. Any member appointed to fill a vacancy shall serve for the unexpired term of his or her predecessor.

(5)  The council shall meet at least quarterly, but may meet upon the call of the chair. All actions taken by the council shall be based upon approval by a simple majority.

(6)  Members of the council shall be reimbursed for per diem and travel expenses as provided in s. 112.061. Members who are state officers or employees may be reimbursed for such expenses by their respective agencies.

(7)  The council shall have the following duties and responsibilities:

(a)  To develop a statewide vision for information resources management which shall be reflected in the State Annual Report on Information Resources Management.

(b)  To recommend statewide policies to the Executive Office of the Governor, to the President of the Senate, and to the Speaker of the House of Representatives.

(c)  To recommend innovation in the state's use of technology to the Executive Office of the Governor, the President of the Senate, and the Speaker of the House of Representatives.

(d)  To identify, develop, and recommend solutions to address statewide technology issues to the Executive Office of the Governor, the President of the Senate, and the Speaker of the House of Representatives.

(e)  To create ad hoc issue-oriented workgroups to make recommendations to the council and to the Executive Office of the Governor. Such workgroups may include private and public sector representatives.

(f)  To consult with the Chief Information Officers Council.

(g)  To approve the State Annual Report on Information Resources Management.

(h)  To recommend memoranda on guidelines and best practices to the Executive Office of the Governor.

History.--s. 10, ch. 97-286; s. 22, ch. 98-73; s. 28, ch. 98-136.

282.3093  State Technology Office; legislative intent; powers and duties.--

(1)  It is the intent of the Legislature that an office be created to provide support to specified organizations and workgroups and to facilitate state educational and training opportunities to enhance the state's use and management of information technology resources.

(2)  There is created a State Technology Office in the Department of Management Services, which shall be headed by a senior-level manager, who may be in the Senior Management Service upon determination by the Department of Management Services that the duties and responsibilities of the office are comparable to other Senior Management Service positions.

(3)  The duties of the State Technology Office include, but are not limited to, the following:

(a)  Advising and providing administrative support to the State Technology Council.

(b)  Providing administrative support to the Chief Information Officers Council.

(c)  Providing administrative support for ad hoc issue-oriented workgroups created by the State Technology Council.

(d)  Providing assistance, as needed, to the Technology Review Workgroup.

(e)  Facilitating state educational and training opportunities for senior management, chief information officers, and agency technical staff.

(f)  Preparing, on behalf of the Executive Office of the Governor, memoranda on recommended guidelines and best practices for information resources management, when requested.

(g)  Preparing, publishing, and disseminating the State Annual Report on Information Resources Management pursuant to s. 282.310.

History.--s. 10, ch. 97-286.

282.310  State Annual Report on Information Resources Management.--

(1)  By January 15 of each year, the State Technology Office shall develop a State Annual Report on Information Resources Management.

(2)  The State Annual Report on Information Resources Management shall contain, at a minimum, the following:

(a)  The state vision for information resources management.

(b)  A forecast of the state information resources management priorities and initiatives for the ensuing 2 years.

(c)  A summary of major statewide policies recommended by the State Technology Council for information resources management.

(d)  A summary of memoranda issued by the Executive Office of the Governor.

(e)  An assessment of the overall progress on state information resources management initiatives and priorities for the past fiscal year.

(f)  A summary of major statewide issues related to improving information resources management by the state.

(g)  An inventory list, by major categories, of state information technology resources.

(h)  A summary of the total expenditures for information resources management by each state agency.

(i)  A summary of the opportunities for government agencies or entities to share information resources management projects or initiatives with other governmental or private sector entities.

(j)  A list of the information resources management issues that have been identified as statewide or critical issues for which the State Technology Council could provide leadership or assistance.

The state annual report shall also include information resources management information from the annual reports prepared by the Board of Regents for the State University System, from the State Board of Community Colleges for the State Community College System, from the Supreme Court for the judicial branch, and from the Justice Administrative Commission on behalf of the state attorneys and public defenders. Expenditure information shall be taken from each agency's annual report as well as the annual reports of the Board of Regents, the State Board of Community Colleges, the Supreme Court, and the Justice Administrative Commission.

(3)  The state annual report shall be made available in writing or through electronic means to the Executive Office of the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court.

History.--s. 10, ch. 97-286; s. 21, ch. 98-73; s. 29, ch. 98-136.

282.315  Chief Information Officers Council; creation.--The Legislature finds that enhancing communication, consensus building, coordination, and facilitation of statewide information resources management issues is essential to improving state management of such resources.

(1)  There is created a Chief Information Officers Council to:

(a)  Enhance communication among the Chief Information Officers of state agencies by sharing information resources management experiences and exchanging ideas.

(b)  Facilitate the sharing of best practices that are characteristic of highly successful technology organizations, as well as exemplary information technology applications of state agencies.

(c)  Identify efficiency opportunities among state agencies.

(d)  Serve as an educational forum for information resources management issues.

(e)  Assist the State Technology Council in identifying critical statewide issues and, when appropriate, make recommendations for solving information resources management deficiencies.

(2)  Members of the council shall include the Chief Information Officers of all state agencies, including the Chief Information Officers of the agencies and governmental entities enumerated in s. 282.3031, except that there shall be one Chief Information Officer selected by the state attorneys and one Chief Information Officer selected by the public defenders. The chairs, or their designees, of the Geographic Information Board, the Florida Financial Management Information System Coordinating Council, the Criminal and Juvenile Justice Information Systems Council, and the Health Information Systems Council shall represent their respective organizations on the Chief Information Officers Council as voting members.

(3)  The State Technology Office shall provide administrative support to the council.

History.--s. 10, ch. 97-286.

282.318  Security of data and information technology resources.--

(1)  This section may be cited as the "Security of Data and Information Technology Resources Act."

(2)(a)  Each agency head is responsible and accountable for assuring an adequate level of security for all data and information technology resources of the agency and, to carry out this responsibility, shall, at a minimum:

1.  Designate an information security manager who shall administer the security program of the agency for its data and information technology resources.

2.  Conduct, and periodically update, a comprehensive risk analysis to determine the security threats to the data and information technology resources of the agency. The risk analysis information is confidential and exempt from the provisions of s. 119.07(1), except that such information shall be available to the Auditor General in performing his or her postauditing duties.

3.  Develop, and periodically update, written internal policies and procedures to assure the security of the data and information technology resources of the agency. The internal policies and procedures which, if disclosed, could facilitate the unauthorized modification, disclosure, or destruction of data or information technology resources are confidential information and exempt from the provisions of s. 119.07(1), except that such information shall be available to the Auditor General in performing his or her postauditing duties.

4.  Implement appropriate cost-effective safeguards to reduce, eliminate, or recover from the identified risks to the data and information technology resources of the agency.

5.  Ensure that periodic internal audits and evaluations of the security program for the data and information technology resources of the agency are conducted. The results of such internal audits and evaluations are confidential information and exempt from the provisions of s. 119.07(1), except that such information shall be available to the Auditor General in performing his or her postauditing duties.

6.  Include appropriate security requirements, as determined by the agency, in the written specifications for the solicitation of information technology resources.

(b)  In those instances in which the Department of Management Services develops state contracts for use by state agencies, the department shall include appropriate security requirements in the specifications for the solicitation for state contracts for procuring information technology resources.

History.--ss. 1, 2, 3, ch. 84-236; s. 28, ch. 87-137; s. 1, ch. 89-14; s. 7, ch. 90-160; s. 13, ch. 91-171; s. 234, ch. 92-279; s. 55, ch. 92-326; s. 22, ch. 94-340; s. 863, ch. 95-148; s. 131, ch. 96-406; s. 15, ch. 97-286.

282.322  Special monitoring process for designated information resources management projects.--For each information resources management project which is designated for special monitoring in the General Appropriations Act, with a proviso requiring a contract with a project monitor, the Technology Review Workgroup established pursuant to s. 216.0446, in consultation with each affected agency, shall be responsible for contracting with the project monitor. Upon contract award, funds equal to the contract amount shall be transferred to the Technology Review Workgroup upon request and subsequent approval of a budget amendment pursuant to s. 216.292. With the concurrence of the Legislative Auditing Committee, the office of the Auditor General shall be the project monitor for other projects designated for special monitoring. However, nothing in this section precludes the Auditor General from conducting such monitoring on any project designated for special monitoring. In addition to monitoring and reporting on significant communications between a contracting agency and the appropriate federal authorities, the project monitoring process shall consist of evaluating each major stage of the designated project to determine whether the deliverables have been satisfied and to assess the level of risks associated with proceeding to the next stage of the project. The major stages of each designated project shall be determined based on the agency's information systems development methodology. At the end of each quarter and within 20 days after an agency has completed a major stage of its designated project, the project monitor shall issue a written report, including the findings and recommendations for correcting deficiencies, to the agency head, for review and comment. Within 20 days after receipt of the project monitor's report, the agency head shall submit a written statement of explanation or rebuttal concerning the findings and recommendations of the project monitor, including any corrective action to be taken by the agency. The project monitor shall include the agency's statement in its final report, which shall be forwarded, within 7 days after receipt of the agency's statement, to the agency head, the inspector general's office of the agency, the Executive Office of the Governor, the appropriations committees of the Legislature, the Joint Legislative Auditing Committee, the Technology Review Workgroup, the President of the Senate, the Speaker of the House of Representatives, and the Office of Program Policy Analysis and Government Accountability. The Auditor General shall also receive a copy of the project monitor's report for those projects in which the Auditor General is not the project monitor.

History.--s. 23, ch. 94-340; s. 11, ch. 97-100; s. 16, ch. 97-286; s. 23, ch. 98-73; s. 30, ch. 98-136.

282.404  Geographic information board; definition; membership; creation; duties; advisory council; membership; duties.--

(1)  As used in this section, the term "geographic information" means information or data for which location or spatial distribution is an essential element, including, but not limited to, information pertaining to:

(a)  Land, air, water, and mineral resources;

(b)  The distribution of plant, animal, and human populations;

(c)  Real property interests;

(d)  The elements of the growth management comprehensive planning process under ss. 163.3177 and 163.3178;

(e)  Political, jurisdictional, ownership, and other artificial divisions of geography; and

(f)  Measured features listed in paragraphs (a)-(d) herein and geographic features produced pursuant to chapter 472.

(2)(a)  The Florida Geographic Information Board is created in the Executive Office of the Governor. The purpose of the board is to facilitate the identification, coordination, collection, and sharing of geographic information among federal, state, regional, and local agencies, and the private sector. The board shall develop solutions, policies, and standards to increase the value and usefulness of geographic information concerning Florida. In formulating and developing solutions, policies, and standards, the board shall provide for and consider input from other public agencies, such as the state universities, large and small municipalities, urban and rural county governments, and the private sector.

(b)  The Geographic Information Board may issue guidelines on recommended best practices, including recommended policies and standards, for the identification, coordination, collection, and sharing of geographic information.

(c)  The Geographic Information Board may contract for, accept, and make gifts, grants, loans, or other aid from and to any other governmental entity and to any person. Members may contribute, and the board may receive and expend, funds for board initiatives.

(3)  The board consists of the Director of Planning and Budgeting within the Executive Office of the Governor, the executive director of the Game and Fresh Water Fish Commission, the executive director of the Department of Revenue, and the State Cadastral Surveyor, as defined in s. 177.503, or their designees, and the heads of the following agencies, or their designees: the Department of Agriculture and Consumer Services, the Department of Community Affairs, the Department of Environmental Protection, the Department of Transportation, and the Board of Professional Surveyors and Mappers. The Governor shall appoint to the board one member each to represent the counties, municipalities, regional planning councils, water management districts, and county property appraisers. The Governor shall initially appoint two members to serve 2-year terms and three members to serve 4-year terms. Thereafter, the terms of all appointed members must be 4 years and the terms must be staggered. Members may be appointed to successive terms and incumbent members may continue to serve the board until a new appointment is made.

(4)  The Director of Planning and Budgeting of the Executive Office of the Governor, or his or her designee, shall serve as the chair of the board. A majority of the membership of the board constitutes a quorum for the conduct of business. The board shall meet at least twice each year, and the chair may call a meeting of the board as often as necessary to transact business. Administrative and clerical support to the board shall be provided by the Department of Management Services.

(5)  The board shall:

(a)  Promote the sharing of geographic information;

(b)  Conduct periodic assessments of geographic information and geographic information systems in this state to identify information management activities and available resources;

(c)  Increase efficiency and reduce costs of data acquisition by promoting the coordination of geographic information activities, including, but not limited to, development and maintenance of a data directory in which geographic information is cataloged;

(d)  Promote consistency of data elements by establishing standard data definitions and formats;

(e)  Promote the adoption and use of standards that have broad application to the public and private sectors;

(f)  By March 1 of each year, develop and approve a strategic plan pursuant to the requirements set forth in s. 186.022(9). Copies of the plan shall be transmitted electronically or in writing to the Executive Office of the Governor, the Speaker of the House of Representatives, the President of the Senate, and the members of the Geographic Information Advisory Council as provided in subsection (7);

(g)  Serve as liaison between local, regional, and state government and the Federal Government to promote the sharing of geographic information;

(h)  Establish technical advisory committees to assist the board; and

(i)  Serve as the coordinator for census activities and facilitate the availability and usability of the data collected by the United States Census Bureau.

(6)  The Florida Geographic Information Advisory Council is created in the Executive Office of the Governor to provide technical assistance and recommendations to the board.

(7)  The Geographic Information Advisory Council consists of one member each from the Office of Planning and Budgeting within the Executive Office of the Governor, the Game and Fresh Water Fish Commission, the Department of Revenue, the Department of Agriculture and Consumer Services, the Department of Community Affairs, the Department of Environmental Protection, the Department of Transportation, the State Cadastral Surveyor, the Board of Professional Surveyors and Mappers, counties, municipalities, regional planning councils, water management districts, and property appraisers, as appointed by the corresponding member of the board, and the State Geologist. The Governor shall appoint to the council one member each, as recommended by the respective organization, to represent the Department of Children and Family Services, the Department of Health, the Florida Survey and Mapping Society, Florida Region of the American Society of Photogrammetry and Remote Sensing, Florida Association of Cadastral Mappers, the Florida Association of Professional Geologists, Florida Engineering Society, Florida Chapter of the Urban and Regional Information Systems Association, the forestry industry, the State University System survey and mapping academic research programs, and State University System geographic information systems academic research programs; and two members representing utilities, one from a regional utility, and one from a local or municipal utility. These persons must have technical expertise in geographic information issues. The Governor shall initially appoint six members to serve 2-year terms and six members to serve 4-year terms. Thereafter, the terms of all appointed members must be 4 years and must be staggered. Members may be appointed to successive terms, and incumbent members may continue to serve the council until a successor is appointed. Representatives of the Federal Government may serve as ex officio members without voting rights.

(8)  A majority of the membership constitutes a quorum for the conduct of business and shall elect the chair of the advisory council biennially. The council shall meet at least twice a year, and the chair may call meetings as often as necessary to transact business or as directed by the board. The chair, or his or her designee, shall attend all board meetings on behalf of the council. Administrative and clerical support shall be provided by the Department of Management Services.

(9)  The advisory council shall:

(a)  Develop operational procedures for the conduct of business;

(b)  Make recommendations to the geographic information board for policies, procedures, standards, and technical solutions pertaining to the planning, coordination, sharing, consistency, development, and maintenance of geographic information;

(c)  Develop solutions that promote coordinated and cost-effective statewide financing of geographic information;

(d)  Make recommendations for the reduction of unnecessary duplication of geographic information efforts among various state, federal, regional, and local agencies and the private sector;

(e)  Seek information from the geographic information and mapping community in formulating priorities for the federal and state mapping and geographic information programs and activities; and

(f)  Inform mapping and geographic information users in the state of programs, available materials and information, and standards and solutions pertaining to mapping and geographic information.

(10)  If any specified state agency fails to comply with this section without good cause, the Executive Office of the Governor may withhold releases of appropriations of those portions of the agency's operating budget that pertain to the collection and analysis of geographic information.

(11)  Local governments are encouraged to participate within their abilities and resources in order to facilitate implementation of this section.

History.--s. 1, ch. 96-390; s. 34, ch. 97-96; s. 17, ch. 97-286; s. 24, ch. 98-73.

282.4045  Immunity for state agencies and units of local government for year 2000 computer date calculation failures.--The State of Florida, its agencies, and any unit of local government shall be immune from damages consistent with s. 768.28. For purposes of this section, the state's agencies or instrumentalities shall be deemed to include any public or private university school of medicine that is part of a public or private university supported in whole or in part by state funds and that has an affiliation with a local government or state instrumentality under which the medical school's computer system or systems, or diagnostic or therapeutic equipment dependent upon date logic, are used to provide clinical patient care services to the public.

History.--s. 4, ch. 98-331.

282.70  Short title.

282.71  Legislative intent.

282.72  Definitions.

282.73  Force and effect of electronic signature.

282.74  Certification to verify digital signatures.

282.745  Voluntary licensure.

282.75  Control procedures.

282.70  Short title.--This act may be cited as the "Electronic Signature Act of 1996."

History.--s. 1, ch. 96-224.

282.71  Legislative intent.--It is the intent of the Legislature that this act:

(1)  Facilitate economic development and efficient delivery of government services by means of reliable electronic messages.

(2)  Enhance public confidence in the use of electronic signatures.

(3)  Minimize the incidence of forged electronic signatures and fraud in electronic commerce.

(4)  Foster the development of electronic commerce through the use of electronic signatures to lend authenticity and integrity to writings in any electronic medium.

(5)  Assure that proper management oversight and accountability are maintained for agency-conducted electronic commerce.

History.--s. 2, ch. 96-224.

282.72  Definitions.--As used in this act:

(1)  "Certificate" means a computer-based record which:

(a)  Identifies the certification authority.

(b)  Identifies the subscriber.

(c)  Contains the subscriber's public key.

(d)  Is digitally signed by the certification authority.

(2)  "Certification authority" means a person who issues a certificate.

(3)  "Digital signature" means a type of electronic signature that transforms a message using an asymmetric cryptosystem such that a person having the initial message and the signer's public key can accurately determine:

(a)  Whether the transformation was created using the private key that corresponds to the signer's public key.

(b)  Whether the initial message has been altered since the transformation was made.

A "key pair" is a private key and its corresponding public key in an asymmetric cryptosystem, under which the public key verifies a digital signature the private key creates. An "asymmetric cryptosystem" is an algorithm or series of algorithms which provide a secure key pair.

(4)  "Electronic signature" means any letters, characters, or symbols, manifested by electronic or similar means, executed or adopted by a party with an intent to authenticate a writing. A writing is electronically signed if an electronic signature is logically associated with such writing.

History.--s. 4, ch. 96-224.

282.73  Force and effect of electronic signature.--Unless otherwise provided by law, an electronic signature may be used to sign a writing and shall have the same force and effect as a written signature.

History.--s. 5, ch. 96-224.

282.74  Certification to verify digital signatures.--The Secretary of State shall have the authority to issue certificates for the purpose of verifying digital signatures, and to take other actions as necessary to achieve the purposes of this act, including the suspension or revocation of certificates issued by the Secretary of State. The Secretary of State may impose a reasonable fee to cover the expenses associated with administering this section and shall adopt rules necessary to implement this section. Nothing in this section shall be construed to compel any public or private entity to participate in the Secretary of State's certification program, as authorized in this section, in order to verify digital signatures.

History.--s. 6, ch. 96-224.

282.745  Voluntary licensure.--

(1)  The Secretary of State may adopt, amend, or repeal any rules as necessary, pursuant to chapter 120, to implement, enforce, and interpret the voluntary licensure of private certification authorities. Such rules shall provide, at a minimum, for:

(a)  Licensing fees sufficient to support the licensing program.

(b)  Standards and requirements for voluntary licensure.

(c)  Audit procedures and requirements to assure program compliance.

(d)  Insurance reserve or bonding requirements.

(e)  Procedures for license revocation and suspension for failure to meet licensure requirements or for misconduct.

(2)  No private certification authority shall be required to obtain a license from the Secretary of State pursuant to this section.

(3)  The Secretary of State may also enter into reciprocity agreements with other jurisdictions on behalf of this state to allow for the fullest possible recognition of digital signatures executed under Florida law and the fullest possible recognition of certification authorities licensed under this section.

History.--s. 3, ch. 97-241.

282.75  Control procedures.--The head of each agency shall be responsible for adopting and implementing control processes and procedures to ensure adequate integrity, security, confidentiality, and auditability of business transactions conducted using electronic commerce.

History.--s. 7, ch. 96-224.