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The Florida Senate

2007 Florida Statutes

Chapter 282
COMMUNICATIONS AND DATA PROCESSING
Chapter 282, Florida Statutes 2007

CHAPTER 282

COMMUNICATIONS AND DATA PROCESSING

PART I

INFORMATION RESOURCES MANAGEMENT (ss. 282.003-282.322)

PART II

COMMERCE PROTECTION (ss. 282.5001-282.5008)

PART III

ACCESSIBILITY OF INFORMATION AND TECHNOLOGY
(ss. 282.601-282.606)

PART I

INFORMATION RESOURCES MANAGEMENT

282.003  Short title.

282.0041  Definitions.

282.0055  Assignment of information technology.

282.0056  Development of work plan; development of implementation plans; and policy recommendations.

282.102  Powers and duties.

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 and interoperability network.

282.111  Statewide system of regional law enforcement communications.

282.20  Technology Resource Center.

282.21  The State Technology Office's electronic access services.

282.22  State Technology Office; production, dissemination, and ownership of materials and products.

282.3055  Agency chief information officer; appointment; duties.

282.315  Agency 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.

282.003  Short title.--This part 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; s. 45, ch. 99-13.

282.0041  Definitions.--For the purposes of this part, the term:

(1)  "Agency" means those entities described in s. 216.011(1)(qq).

(2)  "Agency Chief Information Officer" means the person appointed by the agency head to coordinate and manage the information technology functions and responsibilities applicable to that agency and to participate and represent his or her agency in developing strategies for implementing enterprise information technology services identified in law and developing recommendations for enterprise information technology policy.

(3)  "Agency Chief Information Officers Council" means the council created in s. 282.315.

(4)  "Agency for Enterprise Information Technology" means the agency created in s. 14.204.

(5)  "Agency information technology service" means a service that directly helps the agency fulfill its statutory or constitutional responsibilities and policy objectives and is usually associated with the agency's primary or core business functions.

(6)  "Customer relationship management" or "CRM" means the business processes, software, and Internet capabilities that can help state agencies manage customer relationships of the organization at the enterprise level.

(7)  "Enterprise level" means all executive branch agencies created or authorized in statute to perform legislatively delegated functions.

(8)  "Enterprise information technology service" means an information technology service that is used in all agencies or a subset of agencies and is established in law to be designed, delivered, and managed at the enterprise level.

(9)  "E-mail, messaging, and calendaring service" means the enterprise information technology service that enables users to send, receive, file, store, manage, and retrieve electronic messages, attachments, appointments, and addresses.

(10)  "Information technology" means equipment, hardware, software, firmware, programs, systems, networks, infrastructure, media, and related material used to automatically, electronically, and wirelessly collect, receive, access, transmit, display, store, record, retrieve, analyze, evaluate, process, classify, manipulate, manage, assimilate, control, communicate, exchange, convert, converge, interface, switch, or disseminate information of any kind or form.

(11)  "Information technology policy" means statements that describe clear choices for how information technology will deliver effective and efficient government services to residents and improve state agency operations. Such a policy may relate to investments, business applications, architecture, or infrastructure. A policy describes its rationale, implications of compliance or noncompliance, the timeline for implementation, metrics for determining compliance, and the accountable structure responsible for its implementation.

(12)  "Project" means an endeavor that has a defined start and end point; is undertaken to create or modify a unique product, service, or result; and has specific objectives that, when attained, signify completion.

(13)  "Standards" means the use of current, open, nonproprietary, or non-vendor-specific technologies.

(14)  "Total cost" means all costs associated with information technology 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 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; s. 16, ch. 2000-164; s. 51, ch. 2001-61; s. 10, ch. 2001-261; s. 4, ch. 2007-105.

Note.--Former s. 282.303.

282.0055  Assignment of information technology.--In order to ensure the most effective and efficient use of the state's information technology and information technology resources and notwithstanding other provisions of law to the contrary, policies for the design, planning, project management, and implementation of the enterprise information technology services defined in s. 282.0041(8) shall be the responsibility of the Agency for Enterprise Information Technology for executive branch agencies created or authorized in statute to perform legislatively delegated functions. The supervision, design, delivery, and management of agency information technology defined in s. 282.0041(5) shall remain within the responsibility and control of the individual state agency.

History.--s. 5, ch. 2007-105.

282.0056  Development of work plan; development of implementation plans; and policy recommendations.--

(1)  For purposes of carrying out its responsibilities set forth in s. 282.0055, the Agency for Enterprise Information Technology shall develop a work plan describing the activities that the agency intends to undertake and the proposed outcomes. The work plan must be approved by the Governor and Cabinet and submitted to the President of the Senate and the Speaker of the House of Representatives. The work plan may be amended as needed to ensure that the enterprise information technology services will be provided in an efficient, effective, and accountable manner. For the 2007-2008 fiscal year, the agency's work plan shall include the development of recommended enterprise information technology policies, as defined in s. 282.0041(11).

(2)  For the fiscal year beginning in 2008-2009, the agency shall develop implementation plans for up to three of the following proposed enterprise information technology services to be established in law:

(a)  Consolidation of the deployment, management, and operation of state-owned or state-operated computer rooms and data centers.

(b)  A shared or consolidated enterprise information technology service delivery and support model for the e-mail, messaging, and calendaring service defined in s. 282.0041(9).

(c)  Information security.

(d)  A shared customer relationship management system that consolidates agency requirements for receiving, managing, responding to, tracking, and reporting on telephone, e-mail, personnel, and other communications received from citizens.

(e)  Consideration of a planned replacement cycle for computer equipment.

(3)  In developing policy recommendations and implementation plans for established and proposed enterprise information technology services, the agency shall describe the scope of operation, conduct costs and requirements analyses, conduct an inventory of all existing information technology resources that are associated with each service, and develop strategies and timeframes for statewide migration. For purposes of consolidating state-owned or state-operated computer rooms and data centers, the Agency for Enterprise Information Technology shall develop a migration plan prior to initiating any consolidation effort.

(4)  For the purpose of completing its work activities, each state agency shall provide to the Agency for Enterprise Information Technology all requested information, including, but not limited to, the agency's costs, service requirements, and equipment inventories.

History.--s. 6, ch. 2007-105.

1282.102  Powers and duties.--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 state communications network governing usage of available services; and a forecast of the priorities and initiatives for the state communications system for the ensuing 2 years.

(2)  To adopt technical standards for the state communications network which will ensure the interconnection of computer networks and information systems of agencies.

(3)  To enter into agreements related to information technology with state agencies and political subdivisions of the state.

(4)  To purchase from or contract with information technology providers for information technology, including private line services.

(5)  To apply for, receive, and hold such authorizations, patents, copyrights, trademarks, service marks, licenses, and allocations or channels and frequencies to carry out the purposes of this part.

(6)  To purchase, lease, or otherwise acquire and to hold, sell, transfer, license, or otherwise dispose of real, personal, and intellectual property, including, but not limited to, patents, trademarks, copyrights, and service marks.

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

(8)  To control and approve the purchase, lease, or acquisition and the use of communications services provided as part of any other total system to be used by the state or any of its agencies.

(9)  To adopt rules pursuant to ss. 120.536(1) and 120.54 relating to communications and to administer the provisions of this part.

(10)  To apply for and accept federal funds for any of the purposes of this part as well as gifts and donations from individuals, foundations, and private organizations.

(11)  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.

(12)  Unless delegated to the agencies by the department, 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 service level agreements executed with state agencies.

(13)  To plan, design, and conduct experiments for communications services, equipment, and technologies, and to implement enhancements in the state communications network when in the public interest and cost-effective. Funding for such experiments shall be derived from SUNCOM Network service revenues and shall not exceed 2 percent of the annual budget for the SUNCOM Network for any fiscal year or as provided in the General Appropriations Act. New services offered as a result of this subsection shall not affect existing rates for facilities or services.

(14)  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 departmental 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 Law Enforcement Radio Operating 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; s. 5, ch. 2000-164; s. 11, ch. 2001-261; s. 36, ch. 2002-1; s. 18, ch. 2007-105.

1Note.--

A.  Section 31(4) and (5), ch. 2001-261, provide that:

"(4)  The State Technology Office is authorized to charge back to each participating agency an amount equal to the total of all direct and indirect costs of administering the agreement with the agency and the total of all direct and indirect costs of rendering the performances required of the State Technology Office under such agreements.

"(5)  Any resources transferred to the State Technology Office which were dedicated to a federally funded system shall remain allocated to that system until the appropriate federal agency or authority confirms in writing that another plan for supporting the system will not result in federal sanctions."

B.  Material creating the State Technology Office was stricken from s. 282.102 by s. 18, ch. 2007-105. Some office functions were assumed by the Department of Management Services and other entities pursuant to that law.

C.  Section 14, ch. 2007-105, provides that "[u]nless otherwise specified in this act, the Department of Management Services, established in s. 20.22, Florida Statutes, shall assume the duties and responsibilities of the State Technology Office as set forth in ss. 215.322(2), 282.102, 282.103, 282.104, 282.105, 282.106, 282.107, 282.1095, 282.111, 282.21, 282.22, 288.1092, 288.1093, 365.171, 365.172, and 365.173, Florida Statutes."

Note.--Former s. 287.25.

1282.103  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, state universities, and nonprofit corporations pursuant to ss. 282.102-282.111. 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 State Technology Office 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 and state universities are required to use the SUNCOM Network for agency and state university communications services as the services become available; however, no agency or university 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 or university, the agency or university shall notify the State Technology Office in writing and detail the requirements for that communications service. If the office is unable to meet an agency's or university's requirements by enhancing SUNCOM Network service, the office may grant the agency or university 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; s. 6, ch. 2000-164; s. 12, ch. 2001-261; s. 935, ch. 2002-387; s. 19, ch. 2007-105.

1Note.--Section 14, ch. 2007-105, provides that "[u]nless otherwise specified in this act, the Department of Management Services, established in s. 20.22, Florida Statutes, shall assume the duties and responsibilities of the State Technology Office as set forth in ss. 215.322(2), 282.102, 282.103, 282.104, 282.105, 282.106, 282.107, 282.1095, 282.111, 282.21, 282.22, 288.1092, 288.1093, 365.171, 365.172, and 365.173, Florida Statutes."

Note.--Former s. 287.27.

1282.104  Use of state SUNCOM Network by municipalities.--Any municipality may request the State Technology Office to provide any or all of the SUNCOM Network's portfolio of communications services upon such terms and under such conditions as the office 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 office. 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; s. 7, ch. 2000-164; s. 13, ch. 2001-261.

1Note.--Section 14, ch. 2007-105, provides that "[u]nless otherwise specified in this act, the Department of Management Services, established in s. 20.22, Florida Statutes, shall assume the duties and responsibilities of the State Technology Office as set forth in ss. 215.322(2), 282.102, 282.103, 282.104, 282.105, 282.106, 282.107, 282.1095, 282.111, 282.21, 282.22, 288.1092, 288.1093, 365.171, 365.172, and 365.173, Florida Statutes."

Note.--Former s. 287.251.

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

(1)  The State Technology Office 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 office, 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 office.

(4)  Institutions qualified to participate in the William L. Boyd, IV, Florida Resident Access Grant Program pursuant to s. 1009.89 shall be eligible to use the state SUNCOM Network, subject to the terms and conditions of the office. Such entities shall not be required to satisfy the other criteria of this section.

(5)  Private, nonprofit elementary and secondary schools shall be eligible for rates and services on the same basis as public schools, providing these nonpublic schools do not have an endowment in excess of $50 million.

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; s. 36, ch. 99-399; s. 8, ch. 2000-164; s. 14, ch. 2001-261; s. 936, ch. 2002-387.

1Note.--Section 14, ch. 2007-105, provides that "[u]nless otherwise specified in this act, the Department of Management Services, established in s. 20.22, Florida Statutes, shall assume the duties and responsibilities of the State Technology Office as set forth in ss. 215.322(2), 282.102, 282.103, 282.104, 282.105, 282.106, 282.107, 282.1095, 282.111, 282.21, 282.22, 288.1092, 288.1093, 365.171, 365.172, and 365.173, Florida Statutes."

Note.--Former s. 287.272.

1282.106  Use of SUNCOM Network by libraries.--The State Technology Office may provide SUNCOM Network services to any library in the state, including libraries in public schools, community colleges, state universities, and nonprofit private postsecondary educational institutions, and libraries owned and operated by municipalities and political subdivisions.

History.--s. 2, ch. 96-357; s. 9, ch. 2000-164; s. 15, ch. 2001-261; s. 937, ch. 2002-387.

1Note.--Section 14, ch. 2007-105, provides that "[u]nless otherwise specified in this act, the Department of Management Services, established in s. 20.22, Florida Statutes, shall assume the duties and responsibilities of the State Technology Office as set forth in ss. 215.322(2), 282.102, 282.103, 282.104, 282.105, 282.106, 282.107, 282.1095, 282.111, 282.21, 282.22, 288.1092, 288.1093, 365.171, 365.172, and 365.173, Florida Statutes."

1282.107  SUNCOM Network; criteria for usage.--

(1)  The Department of Management Services 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. 282.102-282.111 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 Department of Management Services shall adopt rules for implementing and operating the state SUNCOM Network, which shall include 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; s. 33, ch. 2000-152; s. 10, ch. 2000-164; s. 20, ch. 2007-105.

1Note.--Section 14, ch. 2007-105, provides that "[u]nless otherwise specified in this act, the Department of Management Services, established in s. 20.22, Florida Statutes, shall assume the duties and responsibilities of the State Technology Office as set forth in ss. 215.322(2), 282.102, 282.103, 282.104, 282.105, 282.106, 282.107, 282.1095, 282.111, 282.21, 282.22, 288.1092, 288.1093, 365.171, 365.172, and 365.173, Florida Statutes."

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.

1282.1095  State agency law enforcement radio system and interoperability network.--

(1)  The State Technology Office may acquire and implement a statewide radio communications system to serve law enforcement units of state agencies, and to serve local law enforcement agencies through mutual aid channels. The Joint Task Force on State Agency Law Enforcement Communications is established in the State Technology Office to advise the office of member-agency needs for the planning, designing, and establishment of the joint system. The State Agency Law Enforcement Radio System Trust Fund is established in the State Technology Office. The trust fund shall be funded from surcharges collected under ss. 320.0802 and 328.72.

(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 Fish and Wildlife Conservation 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 Financial Services 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. Any joint task force member may, upon notification to the chair prior to the beginning of any scheduled meeting, appoint an alternative to represent the member on the task force and vote on task force business in his or her absence.

(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 State Technology Office is hereby authorized to rent or lease space on any tower under its control. The office 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 office for each site, when it is determined to be practicable and feasible to make space available. The office may refuse to lease space on any tower at any site. All moneys collected by the office for such rents, leases, and subleases shall be deposited directly into the Law Enforcement Radio Operating Trust Fund and may be used by the office to construct, maintain, or support the system.

(g)  The State Technology Office is hereby authorized to rent, lease, or sublease ground space on lands acquired by the office for the construction of privately owned or publicly owned towers. The office 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 office to accomplish its duties under this paragraph and paragraph (f) shall be established in the General Appropriations Act and shall be funded by the Law Enforcement Radio Operating Trust Fund or other revenue sources.

(h)  The State Technology Office may make the mutual aid channels in the statewide radio communications system available to federal agencies, state agencies, and agencies of the political subdivisions of the state for the purpose of public safety and domestic security. The office shall exercise its powers and duties, as specified in this chapter, to plan, manage, and administer the mutual aid channels. The office shall, in implementing such powers and duties, act in consultation and conjunction with the Department of Law Enforcement and the Division of Emergency Management of the Department of Community Affairs, and shall manage and administer the mutual aid channels in a manner that reasonably addresses the needs and concerns of the involved law enforcement agencies and emergency response agencies and entities.

(3)  Upon appropriation, moneys in the trust fund may be used by the office 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 328.72 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 office to provide for payment of the recurring maintenance costs of the system.

(4)(a)  The office shall, in conjunction with the Department of Law Enforcement and the Division of Emergency Management of the Department of Community Affairs, 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, in consultation with the office, 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)  The office 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.

(6)(a)  The State Technology Office may create and implement an interoperability network to enable interoperability between various radio communications technologies and to serve federal agencies, state agencies, and agencies of political subdivisions of the state for the purpose of public safety and domestic security. The office shall, in conjunction with the Department of Law Enforcement and the Division of Emergency Management of the Department of Community Affairs, exercise its powers and duties pursuant to this chapter to plan, manage, and administer the interoperability network. The office may:

1.  Enter into mutual aid agreements among federal agencies, state agencies, and political subdivisions of the state for the use of the interoperability network.

2.  Establish the cost of maintenance and operation of the interoperability network and charge subscribing federal and local law enforcement agencies for access and use of the network. The State Technology Office may not charge state law enforcement agencies identified in paragraph (2)(a) to use the network.

3.  In consultation with the Department of Law Enforcement and the Division of Emergency Management of the Department of Community Affairs, amend and enhance the statewide radio communications system as necessary to implement the interoperability network.

(b)  The State Technology Office, in consultation with the Joint Task Force on State Agency Law Enforcement Communications, and in conjunction with the Department of Law Enforcement and the Division of Emergency Management of the Department of Community Affairs, shall establish policies, procedures, and standards to incorporate into a comprehensive management plan for the use and operation of the interoperability network.

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; s. 81, ch. 99-245; s. 3, ch. 99-289; s. 37, ch. 99-399; s. 11, ch. 2000-164; s. 16, ch. 2001-261; s. 2, ch. 2003-153; s. 308, ch. 2003-261.

1Note.--Section 14, ch. 2007-105, provides that "[u]nless otherwise specified in this act, the Department of Management Services, established in s. 20.22, Florida Statutes, shall assume the duties and responsibilities of the State Technology Office as set forth in ss. 215.322(2), 282.102, 282.103, 282.104, 282.105, 282.106, 282.107, 282.1095, 282.111, 282.21, 282.22, 288.1092, 288.1093, 365.171, 365.172, and 365.173, Florida Statutes."

1282.111  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 State Technology Office with any information the office requests for the purpose of implementing the provisions of subsection (2).

(2)  The State Technology Office is hereby authorized and directed to develop and maintain a statewide system of regional law enforcement communications. In formulating such a system, the office 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 office shall adopt any necessary rules and regulations for implementing and coordinating the statewide system of regional law enforcement communications.

(4)  The Chief Information Officer of the State Technology Office or his or her designee 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 State Technology Office.

(6)  Within the limits of its capability, the Department of Law Enforcement is encouraged to lend assistance to the State Technology Office 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; s. 42, ch. 99-399; s. 12, ch. 2000-164; s. 17, ch. 2001-261.

1Note.--Section 14, ch. 2007-105, provides that "[u]nless otherwise specified in this act, the Department of Management Services, established in s. 20.22, Florida Statutes, shall assume the duties and responsibilities of the State Technology Office as set forth in ss. 215.322(2), 282.102, 282.103, 282.104, 282.105, 282.106, 282.107, 282.1095, 282.111, 282.21, 282.22, 288.1092, 288.1093, 365.171, 365.172, and 365.173, Florida Statutes."

Note.--Former s. 287.29.

282.20  Technology Resource Center.--

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

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

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

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

(2)  The Technology Resource Center shall:

(a)  Serve customers as an information-system utility.

(b)  Cooperate with 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 Agency for Enterprise Information Technology to identify and facilitate interdepartmental networking and integration of network services for its customers.

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

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

(4)  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 single fiscal year. Any experiment, pilot project, plan, or design must be approved by the Agency for Enterprise Information Technology.

(5)  Beginning in the 2007-2008 fiscal year and annually thereafter, the Technology Resource Center shall submit to the Agency for Enterprise Information Technology for its review a copy of its current and proposed services and service rates and cost allocation plan. When appropriate, the Agency for Enterprise Information Technology shall request review and comment from the customers and Agency Chief Information Officers Council concerning the center's current and proposed rate and services structure.

History.--s. 3, ch. 94-226; s. 10, ch. 94-340; s. 12, ch. 97-241; s. 13, ch. 97-286; s. 48, ch. 99-13; s. 13, ch. 2000-164; s. 18, ch. 2001-261; s. 7, ch. 2007-105.

1282.21  The State Technology Office's electronic access services.--The State Technology Office may collect fees for providing remote electronic access pursuant to s. 119.07(2). 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; s. 14, ch. 2000-164; s. 19, ch. 2001-261; s. 37, ch. 2004-335.

1Note.--Section 14, ch. 2007-105, provides that "[u]nless otherwise specified in this act, the Department of Management Services, established in s. 20.22, Florida Statutes, shall assume the duties and responsibilities of the State Technology Office as set forth in ss. 215.322(2), 282.102, 282.103, 282.104, 282.105, 282.106, 282.107, 282.1095, 282.111, 282.21, 282.22, 288.1092, 288.1093, 365.171, 365.172, and 365.173, Florida Statutes."

1282.22  State Technology Office; production, dissemination, and ownership of materials and products.--

(1)  It is the intent of the Legislature that when materials, products, information, and services are acquired or developed by or under the direction of the State Technology Office, 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 office is authorized to publish or partner with private sector entities to produce or have produced materials and products and to make them readily available for appropriate use. The office is authorized to charge an amount or receive value-added services adequate to cover the essential cost of producing and disseminating such materials, information, services, or products and is authorized to sell services.

(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 office to produce or have produced materials and products so developed, it is authorized, after review and approval by the Executive Office of the Governor, 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 office shall deem proper and in the best interest of the state; the office 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 Operating Trust Fund of the office 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; s. 49, ch. 99-13; s. 15, ch. 2000-164; s. 20, ch. 2001-261; s. 17, ch. 2006-79.

1Note.--Section 14, ch. 2007-105, provides that "[u]nless otherwise specified in this act, the Department of Management Services, established in s. 20.22, Florida Statutes, shall assume the duties and responsibilities of the State Technology Office as set forth in ss. 215.322(2), 282.102, 282.103, 282.104, 282.105, 282.106, 282.107, 282.1095, 282.111, 282.21, 282.22, 288.1092, 288.1093, 365.171, 365.172, and 365.173, Florida Statutes."

282.3055  Agency chief information officer; appointment; duties.--

(1)(a)  Each agency head shall appoint or contract for an agency chief information officer.

(b)  The agency chief information officer must, at a minimum, have knowledge and experience in both management and information technology resources.

(2)  The duties of the agency chief information officer include, but are not limited to:

(a)  Coordinating and facilitating the planning and management of agency information technology services.

(b)  Implementing agency information technology planning and management procedures, guidelines, and standards that are consistent with the procedures and standards adopted by the Agency for Enterprise Information Technology.

(c)  Advising agency senior management as to the information technology resource planning and management needs of the agency.

(d)  Assisting in the development and prioritization of the information technology resource needs for the agency's legislative budget request.

(e)  Assisting the Agency for Enterprise Information Technology in the development of strategies for implementing the enterprise information technology services established in law and developing recommendations for enterprise information technology policy.

History.--s. 10, ch. 97-286; s. 20, ch. 2000-164; s. 23, ch. 2001-261; s. 8, ch. 2007-105.

282.315  Agency Chief Information Officers Council; creation.--The Legislature finds that enhancing communication, consensus building, coordination, and facilitation with respect to issues concerning enterprise information technology resources are essential to improving the management of such resources.

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

(a)  Enhance communication and collaboration among the Agency Chief Information Officers and the Agency for Enterprise Information Technology.

(b)  Identify and recommend best practices that are characteristic of highly successful technology organizations, as well as exemplary information technology applications for use by state agencies, and assist the Agency for Enterprise Information Technology in developing strategies for implementing the enterprise information technology services established in law and developing recommendations for enterprise information technology policy.

(c)  Identify efficiency opportunities among state agencies and make recommendations for action to the Agency for Enterprise Information Technology.

(d)  Assist the Agency for Enterprise Information Technology in identifying critical enterprise information technology issues and, when appropriate, make recommendations for solving enterprise resource planning and management deficiencies.

(2)  Members of the council shall include the Agency Chief Information Officers, including the Chief Information Officers of the agencies and governmental entities, 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 council shall appoint a chair, vice chair, and secretary from among its members to a 1-year term each. The council shall establish procedures governing council business.

(3)  The Agency for Enterprise Information Technology shall provide administrative support to the council.

History.--s. 10, ch. 97-286; s. 24, ch. 2000-164; s. 25, ch. 2001-261; s. 9, ch. 2007-105.

282.318  Security of data and information technology resources.--

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

(2)(a)  The Agency for Enterprise Information Technology, in consultation with each agency head, is responsible for assessing and recommending minimum operating procedures for ensuring an adequate level of security for all data and information technology resources for executive branch agencies created or authorized in statute to perform legislatively delegated functions. To assist the agency in carrying out this responsibility, each agency head 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 update every 3 years, a comprehensive risk analysis to determine the security threats to the data, information, 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 and the Agency for Enterprise Information Technology in performing postauditing duties.

3.  Develop, and periodically update, written internal policies and procedures, which shall include procedures for notifying the Agency for Enterprise Information Technology when an information security incident occurs or data is compromised. Such policies and procedures must be consistent with the standard operating procedures adopted by the Agency for Enterprise Information Technology in order to ensure the security of the data, information, and information technology resources of the agency. The internal policies and procedures that, 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 and the Agency for Enterprise Information Technology in performing postauditing duties.

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

5.  Ensure that periodic internal audits and evaluations of the agency's security program for the data, information, 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 and the Agency for Enterprise Information Technology in performing postauditing duties.

6.  Include appropriate security requirements in the written specifications for the solicitation of information technology and information technology resources which are consistent with the standard security operating procedures adopted by the Agency for Enterprise Information Technology.

(b)  In those instances under this subsection in which the state agency or department develops state contracts, the state agency or department shall include appropriate security requirements in the specifications for the solicitation for state contracts for procuring information technology or information technology resources.

(3)  The Agency for Enterprise Information Technology shall designate a chief information security officer.

(4)  The Agency for Enterprise Information Technology shall develop standards and templates for conducting comprehensive risk analyses and information security audits by state agencies, assist agencies in their compliance with the provisions of this section, pursue appropriate funding provided for the purpose of enhancing domestic security, establish minimum guidelines and procedures for the recovery of information technology following a disaster, and provide training for agency information security managers. Standards, templates, guidelines, and procedures shall be published annually, no later than September 30 each year, to enable agencies to incorporate them in their planning for the following fiscal year.

(5)  The Agency for Enterprise Information Technology may adopt rules pursuant to ss. 120.536(1) and 120.54 relating to information security and to administer the provisions of this section.

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; s. 25, ch. 2000-164; s. 26, ch. 2001-261; s. 18, ch. 2006-26; s. 10, ch. 2007-105.

282.322  Special monitoring process for designated information resources management projects.--

(1)  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. Within 20 days after an agency has completed a major stage of its designated project or at least 90 days, 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.

(2)  The Agency for Enterprise Information Technology shall report on any information technology project that the Legislature identifies as high-risk to the Executive Office of the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairs of the appropriations committees. Within the limits of current appropriations, the Agency for Enterprise Information Technology shall monitor and report on such high-risk information technology projects, and assess the levels of risks associated with proceeding to the next stage of the project.

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; s. 40, ch. 99-399; s. 27, ch. 2001-261; s. 11, ch. 2007-105.

PART II

COMMERCE PROTECTION

282.5001  Short title.

282.5002  Definitions.

282.5003  Exclusive remedies for failure to be year 2000 compliant.

282.5004  Damages for failure to be year 2000 compliant; mediation; limitation on class actions; statute of limitations.

282.5005  Immunity from liability for directors and officers of businesses.

282.5006  Antitrust exemption with respect to exchanges of information.

282.5007  Alternative dispute resolution procedures.

282.5008  Construction of act.

282.5001  Short title.--This act may be cited as the "Commerce Protection Act."

History.--s. 1, ch. 99-230.

282.5002  Definitions.--For the purposes of this act, the following terms have the following meanings:

(1)  BUSINESS.--The term "business" means a person or an entity engaged in providing goods or services in this state, but the term excludes any governmental agency or any agency of the legislative or judicial branch of state government.

(2)  DATE DATA.--The term "date data" means data that contain dates or that contain both dates and times.

(3)  DIRECT ECONOMIC DAMAGES.--The term "direct economic damages" includes only economic compensatory damages that follow both immediately and necessarily from the failure of the information technology products of a business or governmental agency to be year 2000 compliant. The term excludes special damages, incidental damages, and exemplary or punitive damages.

(4)  GOVERNMENTAL AGENCY.--The term "governmental agency" includes any agency of the executive branch of state government or any political subdivision of the state as defined in s. 1.01 or any agency of such a political subdivision. For purposes of this section, the term also includes 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 systems, or diagnostic or therapeutic equipment dependent upon date logic, are used to provide clinical patient care services to the public.

(5)  INFORMATION TECHNOLOGY PRODUCT.--

(a)  The term "information technology product" includes software, firmware, microcode, hardware, and equipment containing embedded chips or microprocessors that create, read, write, calculate, compare, sequence, or otherwise operate on date data.

(b)  The "information technology products" of a business or governmental agency are those that are owned, leased, or licensed by or under the exclusive control of the business or governmental agency and are used by it in providing its goods or services.

(6)  YEAR 2000 COMPLIANT.--An information technology product is "year 2000 compliant" if the product, when used in accordance with its associated documentation or recommended user intervention, is capable of correctly processing, providing, and receiving date data, and will do so for all dates occurring between February 28, 1996, and March 1, 2000, when all other information technology products that are used with the product properly exchange date data with it. An information technology product does not fail to be year 2000 compliant merely because it contains a defect that is unrelated to the manner in which the product processes, provides, or receives date data and that only incidentally causes the product to fail to properly process, provide, or receive date data.

History.--s. 2, ch. 99-230.

282.5003  Exclusive remedies for failure to be year 2000 compliant.--The exclusive remedies in this state for recovering from a business or governmental agency damages resulting from the failure of its information technology products to be year 2000 compliant are those available for breach of a contract with or a tariff filed by the business or governmental agency; and all terms of that contract or tariff, including limitations on and exclusions of liability and disclaimers of warranty, remain fully enforceable and are unaffected by the provisions of this act. If there is no contract or tariff, the exclusive remedies in this state for recovering from a business or governmental agency damages resulting from the failure of its information technology products to be year 2000 compliant are those provided in s. 282.5004.

History.--s. 3, ch. 99-230.

282.5004  Damages for failure to be year 2000 compliant; mediation; limitation on class actions; statute of limitations.--

(1)  Unless otherwise provided by a contract or tariff, any business may be liable only for direct economic damages caused by the failure of its information technology products to be year 2000 compliant, as provided in this section.

(2)  Unless otherwise provided by a contract or tariff, any governmental agency may be liable only for direct economic damages caused by the failure of its information technology products to be year 2000 compliant, and only within the limits on the waiver of sovereign immunity established in s. 768.28.

(3)  The provisions of s. 768.81 apply to the award of damages under this section.

(4)  Damages awarded under this section shall exclude any damages that the plaintiff:

(a)  Could have avoided or mitigated with the exercise of reasonable care; or

(b)  Could have reasonably avoided or mitigated as a result of any written or otherwise communicated disclosure actually made by the defendant before December 1, 1999, in a manner consistent with that used in the past to give notifications to the plaintiff or persons similarly situated, concerning whether any of the information technology products of the business or governmental agency was year 2000 compliant.

(5)(a)  A business or governmental agency is not liable for direct economic damages if it proves by a preponderance of the evidence that it has:

1.  Secured an assessment, by a person who possesses the technical skills, experience, or competence with respect to information technology resources to evaluate information technology products for year 2000 compliance, to determine actions necessary to make the information technology products of the business or governmental agency year 2000 compliant and, based on that assessment, holds before December 1, 1999, a reasonable good faith belief that those products are year 2000 compliant; or

2.  Before December 1, 1999, conducted a date-data test of its information technology products and as a result of such test has a reasonable good faith belief that they are year 2000 compliant; or

3.  If it has five or fewer employees and has a net worth of $100,000 or less, made reasonable efforts to assess whether the entities on whose goods or services it relies and with whom it is in privity have provided information technology products that are year 2000 compliant and, with respect to each such entity, either:

a.  Holds before December 1, 1999, a reasonable good faith belief, based on the response to inquiries or on research, that the entity has provided information technology products that are year 2000 compliant; or

b.  Discloses in writing to the other party before December 1, 1999, in a manner consistent with that used in the past to give written notifications to that party, that the entity has provided information technology products that are presumed not to be year 2000 compliant or that, based on the response to inquiries, the entity is making reasonable good faith efforts to make its information technology products become year 2000 compliant.

(b)  All defenses that would otherwise be available to a business or governmental agency in any other action, including an action based on negligence, remain available with respect to an action under this section. Moreover, the failure of a business or governmental agency to comply with paragraph (a) shall not create a presumption of liability and no inference may be drawn from such failure.

(6)  Beginning January 1, 2000, upon the filing of any lawsuit or the presentation of a claim for arbitration under s. 282.5007 seeking damages under this section, and prior to the filing of an answer or response, the court having jurisdiction shall refer the claim to mediation under s. 44.102 unless the court determines that the interests of justice would not be served. The time to file the answer or response shall be tolled for up to 60 days after service of process on the defendant or until the conclusion of the mediation, whichever is earlier.

(7)  A class action may not be maintained in this state:

(a)  Against a governmental agency for damages caused by the failure of its information technology products to be year 2000 compliant.

(b)  Against a business for damages caused by the failure of its information technology products to be year 2000 compliant, unless each member of the class has suffered direct economic damages in excess of $50,000.

(8)  Any action for damages under this section must be commenced on or before March 1, 2002, but the running of this time is tolled from the date any offer is made to submit the claim to mediation until the conclusion of mediation.

History.--s. 4, ch. 99-230.

282.5005  Immunity from liability for directors and officers of businesses.--

(1)  A director or officer of a business has absolute and complete immunity from personal liability for any damages resulting from the failure of the information technology products of the business to be year 2000 compliant if the officer or director has either instructed the business or received written assurance from another officer or director that the business has been instructed to:

(a)  Take steps to determine whether those products are year 2000 compliant;

(b)  Develop and implement a plan to take actions necessary to make those products year 2000 compliant; and

(c)  Inquire whether the information technology products of the entities on whose goods or services the business relies are year 2000 compliant.

(2)  A director or officer who does not have absolute and complete immunity from personal liability under subsection (1) nevertheless has immunity from personal liability to the extent provided in chapter 607 or chapter 617.

History.--s. 5, ch. 99-230.

282.5006  Antitrust exemption with respect to exchanges of information.--The exchange of information among businesses concerning measures that have been taken or are to be taken in order for a business to make its information technology products year 2000 compliant does not constitute an activity or conduct in restraint of trade or commerce under chapter 542.

History.--s. 6, ch. 99-230.

282.5007  Alternative dispute resolution procedures.--

(1)  VOLUNTARY BINDING ARBITRATION.--

(a)  Any party to a dispute under this act for which there is no prior arbitration agreement may, before a lawsuit has been filed, make an offer to the other party to submit the dispute to voluntary binding arbitration under s. 44.104. An offer made under this paragraph must set out the maximum amount of damages that may be imposed pursuant to arbitration.

(b)  If at trial the court finds that an offer was made under paragraph (a) and was rejected, the court shall award attorney's fees and costs in accordance with this paragraph.

1.  If the offer was made by the plaintiff and rejected by the defendant, and if the defendant is ultimately found to be liable for damages in an amount equal to or exceeding that specified in the plaintiff's highest offer, the defendant must pay the plaintiff's costs and reasonable attorney's fees.

2.  If the offer was made by the defendant and rejected by the plaintiff, and if the plaintiff is not ultimately awarded damages in an amount exceeding that specified in the defendant's highest offer, the plaintiff must pay the defendant's costs and reasonable attorney's fees.

(2)  MEDIATION.--

(a)  The court may submit a claim for damages under this act to mediation pursuant to s. 44.102.

(b)  A party may serve its last best offer made in mediation upon another party as an offer of judgment under s. 768.79, and may make use of all the rights and remedies provided by this section.

(c)  The court shall have discretion to require that the costs of mediation be shared equally by the parties.

History.--s. 7, ch. 99-230; s. 35, ch. 2000-152.

282.5008  Construction of act.--This act shall not be construed to create a new cause of action or a duty to provide notice concerning year 2000 compliance nor be construed to mandate the content or timing of any notice concerning year 2000 compliance.

History.--s. 8, ch. 99-230.

PART III

ACCESSIBILITY OF INFORMATION
AND TECHNOLOGY

282.601  Accessibility of electronic information and information technology.

282.602  Definitions.

282.603  Access to electronic and information technology for persons with disabilities; undue burden; limitations.

282.604  Adoption of rules.

282.605  Exceptions.

282.606  Intent.

282.601  Accessibility of electronic information and information technology.--

(1)  In order to improve the accessibility of electronic information and information technology and increase the successful education, employment, access to governmental information and services, and involvement in community life, the executive, legislative, and judicial branches of state government shall, when developing, competitively procuring, maintaining, or using electronic information or information technology acquired on or after July 1, 2006, ensure that state employees with disabilities have access to and are provided with information and data comparable to the access and use by state employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(2)  Individuals with disabilities who are members of the public seeking information or services from state agencies that are subject to this part shall be provided with access to and use of information and data comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

History.--s. 73, ch. 2006-227.

282.602  Definitions.--As used in this part, the term:

(1)  "Accessible electronic information and information technology" means electronic information and information technology that conforms to the standards for accessible electronic information and information technology as set forth by s. 508 of the Rehabilitation Act of 1973, as amended, and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194.

(2)  "Alternate methods" means a different means of providing information to people with disabilities, including product documentation. The term includes, but is not limited to, voice, facsimile, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and audio description.

(3)  "Electronic information and information technology" includes information technology and any equipment or interconnected system or subsystem of equipment that is used in creating, converting, or duplicating data or information. The term includes, but is not limited to, telecommunications products such as telephones, information kiosks and transaction machines, Internet websites, multimedia systems, and office equipment such as copiers and facsimile machines. The term does not include any equipment that contains embedded information technology that is an integral part of the product if the principal function of the technology is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information.

(4)  "Information technology" means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. The term includes computers, ancillary equipment, software, firmware and similar procedures, services, and support services, and related resources.

(5)  "Undue burden" means significant difficulty or expense. In determining whether an action would result in an undue burden, a state agency shall consider all agency resources that are available to the program or component for which the product is being developed, procured, maintained, or used.

(6)  "State agency" means any agency of the executive, legislative, or judicial branch of state government.

History.--s. 73, ch. 2006-227.

282.603  Access to electronic and information technology for persons with disabilities; undue burden; limitations.--

(1)  Each state agency shall develop, procure, maintain, and use accessible electronic information and information technology acquired on or after July 1, 2006, that conforms to the applicable provisions set forth by s. 508 of the Rehabilitation Act of 1973, as amended, and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194, except when compliance with this section imposes an undue burden; however, in such instance, a state agency must provide individuals with disabilities with the information and data involved by an alternative method of access that allows the individual to use the information and data.

(2)  This section does not require a state agency to install specific accessibility-related software or attach an assistive technology device at a work station of a state employee who is not an individual with a disability.

(3)  This section does not require a state agency, when providing the public with access to information or data through electronic information technology, to make products owned by the state agency available for access and use by individuals with disabilities at a location other than the location at which the electronic information and information technology are normally provided to the public. This section does not require a state agency to purchase products for access and use by individuals with disabilities at a location other than at the location where the electronic information and information technology are normally provided to the public.

History.--s. 73, ch. 2006-227.

282.604  Adoption of rules.--The Department of Management Services shall, with input from stakeholders, adopt rules pursuant to ss. 120.536(1) and 120.54 for the development, procurement, maintenance, and use of accessible electronic information technology by governmental units.

History.--s. 73, ch. 2006-227.

282.605  Exceptions.--

(1)  This part does not apply to electronic information and information technology of the Department of Military Affairs or the Florida National Guard if the function, operation, or use of the information or technology involves intelligence activities or cryptologic activities related to national security, the command and control of military forces, equipment that is an integral part of a weapon or weapons system, or systems that are critical to the direct fulfillment of military or intelligence missions. Systems that are critical to the direct fulfillment of military or intelligence missions do not include a system that is used for routine administrative and business applications, including, but not limited to, payroll, finance, logistics, and personnel management applications.

(2)  This part does not apply to electronic information and information technology of a state agency if the function, operation, or use of the information or technology involves criminal intelligence activities. Such activities do not include information or technology that is used for routine administrative and business applications, including, but not limited to, payroll, finance, logistics, and personnel management applications.

(3)  This part does not apply to electronic information and information technology that is acquired by a contractor and that is incidental to the contract.

(4)  This part applies to competitive solicitations issued or new systems developed by a state agency on or after July 1, 2006.

History.--s. 73, ch. 2006-227.

282.606  Intent.--It is the intent of the Legislature that, in construing this part, due consideration and great weight be given to the interpretations of the federal courts relating to comparable provisions of s. 508 of the Rehabilitation Act of 1973, as amended, and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194, as of July 1, 2006.

History.--s. 73, ch. 2006-227.