House Bill 3481c1

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    Florida House of Representatives - 1998             CS/HB 3481

        By the Committee on Governmental Operations and
    Representatives Culp, Effman and Trovillion





  1                      A bill to be entitled

  2         An act relating to information resources

  3         management; amending s. 186.021, F.S.;

  4         providing that certain information resources

  5         management projects are not required in agency

  6         strategic plans; amending s. 216.181, F.S.;

  7         providing that certain information resource

  8         management projects are not subject to the

  9         mandatory notice and review requirements for

10         amendments to agencies' original approved

11         operating budgets; amending s. 186.022, F.S.;

12         providing that certain coordinating councils

13         and boards are required to develop annual

14         performance reports; amending s. 282.3063,

15         F.S.; modifying the date for submission of the

16         Agency Annual Information Resources Management

17         Report; amending s. 282.310, F.S.; modifying

18         the date by which the State Annual Report on

19         Information Resources Management must be

20         developed; requiring the inclusion of specified

21         information within the report; amending s.

22         282.3091, F.S.; authorizing members of the

23         State Technology Council to appoint designees

24         to serve on their behalf; amending s. 282.322,

25         F.S.; requiring the submission of quarterly

26         reports for information resources projects

27         designated for special monitoring; providing an

28         additional recipient of project monitors' final

29         reports; amending s. 282.404, F.S.; removing

30         the chair of the Geographic Information

31         Advisory Council as an ex officio member of the

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  1         Geographic Information Board; revising duties

  2         of the Geographic Information Board; providing

  3         that the board shall serve as coordinator for

  4         census activities; requiring the chair to

  5         attend all meetings of the Geographic

  6         Information Board on behalf of the council;

  7         amending s. 215.96, F.S.; providing a technical

  8         correction; providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Subsection (1) of section 186.021, Florida

13  Statutes, is amended to read:

14         186.021  State agency strategic plans.--

15         (1)  A state agency strategic plan shall be a statement

16  of the priority directions an agency will take to carry out

17  its mission within the context of the state comprehensive plan

18  and any other statutory mandates and authorizations given to

19  the agency. Each state agency strategic plan must identify

20  infrastructure needs, capital improvement needs, and

21  information resources management projects or initiatives that

22  involve more than one agency, that have an outcome that

23  impacts another agency, or that exceed $500,000 in total cost

24  over a 1-year period, except for those projects that are a

25  continuation of hardware or software maintenance or software

26  licensing agreements, or that are for desktop replacement that

27  is similar to the technology currently in use. Each agency

28  strategic plan shall specify those objectives against which

29  will be judged the agency's achievement of its goals and the

30  goals of the state comprehensive plan. The state agency

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  1  strategic plan shall be consistent with and shall further the

  2  goals of the state comprehensive plan.

  3         Section 2.  Subsection (4) of section 216.181, Florida

  4  Statutes, is amended to read:

  5         216.181  Approved budgets for operations and fixed

  6  capital outlay.--

  7         (4)  All amendments to the original approved operating

  8  budgets, regardless of funding source, are subject to the

  9  notice and review procedures set forth in s. 216.177 and must

10  be approved by the Governor and Administration Commission as

11  provided in this chapter for the executive branch and the

12  Chief Justice for the judicial branch if the amendment is for

13  an information resources management project or initiative that

14  involves more than one agency, has an outcome that impacts

15  another agency, or exceeds $500,000 in total cost over a

16  1-year period, except for those projects that are a

17  continuation of hardware or software maintenance or software

18  licensing agreements, or that are for desktop replacement that

19  is similar to the technology currently in use.

20         Section 3.  Subsection (9) of section 186.022, Florida

21  Statutes, is amended to read:

22         186.022  State agency strategic plans; preparation,

23  form, and review.--

24         (8)  Each agency shall submit by September 1 of each

25  year an annual performance report to the Executive Office of

26  the Governor, with copies to the President of the Senate, the

27  Speaker of the House of Representatives, and the Auditor

28  General.  The purpose of this report is to evaluate the

29  attainment of the agency objectives in the agency strategic

30  plan.

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  1         (9)  By March 1 of each year, the Geographic

  2  Information Board, the Financial Management Information Board,

  3  the Criminal and Juvenile Justice Information Systems Council,

  4  and the Health Information Systems Council shall each develop

  5  a strategic plan following the general statutory requirements

  6  that are applicable to agencies pursuant to s. 186.021(1),

  7  (2), and (3).  The strategic plan shall be subject to the

  8  requirements, and the review and approval processes, set forth

  9  in subsections (2) through (8) (7), with the following

10  exceptions:

11         (a)  The Executive Office of the Governor, after

12  consultation with the President of the Senate and the Speaker

13  of the House of Representatives, may prescribe a specific

14  format and content for the strategic plans of coordinating

15  boards and councils.

16         (b)  The time periods for review and return of any

17  required strategic plan revisions, incorporation of such

18  revisions by the boards or councils, and resolution of

19  disputes shall be established by the Executive Office of the

20  Governor, after consultation with the President of the Senate

21  and the Speaker of the House of Representatives.

22         Section 4.  Subsection (1) of section 282.3063, Florida

23  Statutes, is amended to read:

24         282.3063  Agency Annual Information Resources

25  Management Report.--

26         (1)  By September 1 November 1 of each year, and for

27  the State University System within 90 days after completion of

28  the expenditure analysis developed pursuant to s. 240.271(4),

29  each Chief Information Officer shall prepare and submit to the

30  State Technology Office an Agency Annual Information Resources

31  Management Report.  Following consultation with the State

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  1  Technology Council and the Chief Information Officers Council,

  2  the Executive Office of the Governor and the fiscal committees

  3  of the Legislature shall jointly develop and issue

  4  instructions for the format and contents of the report.

  5         Section 5.  Subsections (1) and (2) of section 282.310,

  6  Florida Statutes, are amended to read:

  7         282.310  State Annual Report on Information Resources

  8  Management.--

  9         (1)  By January 15 March 1 of each year, the State

10  Technology Office shall develop a State Annual Report on

11  Information Resources Management.

12         (2)  The State Annual Report on Information Resources

13  Management shall contain, at a minimum, the following:

14         (a)  The state vision for information resources

15  management.

16         (b)  A forecast of the state information resources

17  management priorities and initiatives for the ensuing 2 years.

18         (c)  A summary of major statewide policies recommended

19  by the State Technology Council for information resources

20  management.

21         (d)  A summary of memoranda issued by the Executive

22  Office of the Governor.

23         (e)  An assessment of the overall progress on state

24  information resources management initiatives and priorities

25  for the past fiscal year.

26         (f)  A summary of major statewide issues related to

27  improving information resources management by the state.

28         (g)  An inventory list, by major categories, of state

29  information technology resources.

30         (h)  A summary of the total expenditures for

31  information resources management by each state agency.

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  1         (i)  A summary of the opportunities for government

  2  agencies or entities to share information resources management

  3  projects or initiatives with other governmental or private

  4  sector entities.

  5         (j)  A list of the information resources management

  6  issues that have been identified as statewide or critical

  7  issues for which the State Technology Council could provide

  8  leadership or assistance.

  9

10  The state annual report shall also include information

11  resources management information from the annual reports

12  prepared by the Board of Regents for the State University

13  System, from the State Board of Community Colleges for the

14  State Community College System, from the Supreme Court for the

15  judicial branch, and from the Justice Administrative

16  Commission on behalf of the each state attorneys attorney and

17  public defenders defender. Expenditure information shall be

18  taken from each agency's annual report as well as the annual

19  reports of the Board of Regents, the State Board of Community

20  Colleges, the Supreme Court, and the Justice Administrative

21  Commission the state attorneys, and the public defenders.

22         Section 6.  Subsection (3) of section 282.3091, Florida

23  Statutes, is amended tor read:

24         282.3091  State Technology Council; creation.--

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

26  follows:

27         (a)  The director of the Governor's Office of Planning

28  and Budgeting, who shall serve as chair of the council.

29         (b)  The Comptroller.

30         (c)  The Commissioner of Education.

31         (d)  The Secretary of State.

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  1         (e)  The secretary of the Department of Management

  2  Services.

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

  4         (g)  Two private sector representatives, one appointed

  5  by the Speaker of the House of Representatives and one

  6  appointed by the President of the Senate, who are not current

  7  members of the Legislature.  Private sector representatives

  8  shall, at a minimum, have a general knowledge of or experience

  9  in managing information technology resources.  However,

10  representatives of information technology resource vendors or

11  any of their subsidiaries that sell products or services to

12  the state shall not be appointed to serve as a private sector

13  representative.

14

15  Members may appoint designees to serve on their behalf;

16  however, such designees must be in a position that reports

17  directly to the member.

18         Section 7.  Section 282.322, Florida Statutes, is

19  amended to read:

20         282.322  Special monitoring process for designated

21  information resources management projects.--For each

22  information resources management project which is designated

23  for special monitoring in the General Appropriations Act, with

24  a proviso requiring a contract with a project monitor, the

25  Technology Review Workgroup established pursuant to s.

26  216.0446, in consultation with each affected agency, shall be

27  responsible for contracting with the project monitor. Upon

28  contract award, funds equal to the contract amount shall be

29  transferred to the Technology Review Workgroup upon request

30  and subsequent approval of a budget amendment pursuant to s.

31  216.292. With the concurrence of the Legislative Auditing

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  1  Committee, the office of the Auditor General shall be the

  2  project monitor for other projects designated for special

  3  monitoring. However, nothing in this section precludes the

  4  Auditor General from conducting such monitoring on any project

  5  designated for special monitoring. In addition to monitoring

  6  and reporting on significant communications between a

  7  contracting agency and the appropriate federal authorities,

  8  the project monitoring process shall consist of evaluating

  9  each major stage of the designated project to determine

10  whether the deliverables have been satisfied and to assess the

11  level of risks associated with proceeding to the next stage of

12  the project. The major stages of each designated project shall

13  be determined based on the agency's information systems

14  development methodology. At the end of each quarter and within

15  20 days after an agency has completed a major stage of its

16  designated project, the project monitor shall issue a written

17  report, including the findings and recommendations for

18  correcting deficiencies, to the agency head, for review and

19  comment. Within 20 days after receipt of the project monitor's

20  report, the agency head shall submit a written statement of

21  explanation or rebuttal concerning the findings and

22  recommendations of the project monitor, including any

23  corrective action to be taken by the agency. The project

24  monitor shall include the agency's statement in its final

25  report which shall be forwarded, within 7 days after receipt

26  of the agency's statement, to the agency head, the inspector

27  general's office of the agency, the Executive Office of the

28  Governor, the appropriations committees of the Legislature,

29  the Joint Legislative Auditing Committee, the Technology

30  Review Workgroup, and the Legislative Information Technology

31  Resource Committee, and the Office of Program Policy Analysis

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  1  and Government Accountability. The Auditor General shall also

  2  receive a copy of the project monitor's report for those

  3  projects in which the Auditor General is not the project

  4  monitor.

  5         Section 8.  Subsections (3), (5), (7), and (8) of

  6  section 282.404, Florida Statutes, are amended to read:

  7         282.404  Geographic information board; definition;

  8  membership; creation; duties; advisory council; membership;

  9  duties.--

10         (3)  The board consists of the Director of Planning and

11  Budgeting within the Executive Office of the Governor, the

12  executive director of the Game and Fresh Water Fish

13  Commission, the executive director of the Department of

14  Revenue, and the State Cadastral Surveyor, as defined in s.

15  177.503, or their designees, and the heads of the following

16  agencies, or their designees: the Department of Agriculture

17  and Consumer Services, the Department of Community Affairs,

18  the Department of Environmental Protection, the Department of

19  Transportation, and the Board of Professional Surveyors and

20  Mappers. The Governor shall appoint to the board one member

21  each to represent the counties, municipalities, regional

22  planning councils, water management districts, and county

23  property appraisers. The Governor shall initially appoint two

24  members to serve 2-year terms and three members to serve

25  4-year terms. Thereafter, the terms of all appointed members

26  must be 4 years and the terms must be staggered. Members may

27  be appointed to successive terms and incumbent members may

28  continue to serve the board until a new appointment is made.

29  The chair of the Geographic Information Advisory Council shall

30  serve without voting rights as an ex officio member on the

31  board.

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  1         (5)  The board shall:

  2         (a)  Promote the sharing of geographic information

  3  between the public sector and the private sector;

  4         (b)  Conduct a periodic assessments assessment of

  5  geographic information and geographic information systems in

  6  this state to identify geographic information management

  7  activities and available resources in this state;

  8         (c)  Increase efficiency and reduce costs redundancy of

  9  data acquisition by promoting the coordination of geographic

10  information activities, including, but not limited to,

11  development and maintenance of a data directory in which

12  geographic information is cataloged data collection;

13         (d)  Promote consistency of data elements by

14  establishing standard data definitions and formats;

15         (e)  Promote the adoption and use of standards that

16  have broad application to the public and private sectors;

17         (f)  Develop criteria, policies, and procedures for the

18  prescribed and preplanned electronic transmission of

19  geographic information, including, but not limited to,

20  transmissions between a local planning agency, as defined in

21  s. 163.3164, and the state land planning agency;

22         (f)(g)  By March 1 of each year, develop and approve a

23  strategic plan pursuant to the requirements set forth in s.

24  186.022(9).  Copies of the plan shall be transmitted

25  electronically or in writing to the Executive Office of the

26  Governor, the Speaker of the House of Representatives, the

27  President of the Senate, and the members of the Geographic

28  Information Advisory Council as provided in subsection (7);

29         (h)  Promote the use and coordination of geographic

30  information from sources such as universities, government

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  1  organizations, nonprofit organizations, and the private

  2  sector;

  3         (i)  Promote the development and maintenance of a data

  4  directory in which geographic information is cataloged;

  5         (g)(j)  Serve as liaison between local, regional, and

  6  this state government and the Federal Government to promote

  7  the sharing of geographic information;

  8         (h)(k)  Establish technical advisory committees to

  9  assist the board; and

10         (i)  Serve as the coordinator for census activities and

11  facilitate the availability and usability of the data

12  collected by the United States Census Bureau.

13         (l)  Promote regional coordination of geographic

14  information.

15         (7)  The Geographic Information Advisory Council

16  consists of one member each from the Office of Planning and

17  Budgeting within the Executive Office of the Governor, the

18  Game and Fresh Water Fish Commission, the Department of

19  Revenue, the Department of Agriculture and Consumer Services,

20  the Department of Community Affairs, the Department of

21  Environmental Protection, the Department of Transportation,

22  the State Cadastral Surveyor, the State Geologist, the Board

23  of Professional Surveyors and Mappers, counties,

24  municipalities, regional planning councils, water management

25  districts, and property appraisers, as appointed by the

26  corresponding member of the board, and the State Geologist.

27  The Governor shall appoint to the council one member each, as

28  recommended by the respective organization, to represent the

29  Department of Commerce, the Department of Children and Family

30  Services, the Department of Health, the Florida Survey and

31  Mapping Society, Florida Region of the American Society of

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  1  Photogrammetry and Remote Sensing, Florida Association of

  2  Cadastral Mappers, the The Florida Association of Professional

  3  Geologists, Florida Engineering Society, Florida Chapter of

  4  the Urban and Regional Information Systems Association, the

  5  forestry industry, the State University System survey and

  6  mapping academic research programs, and State University

  7  System geographic information systems academic research

  8  programs; and two members representing utilities, one from a

  9  regional utility, and one from a local or municipal utility.

10  These persons must have technical expertise in geographic

11  information issues. The Governor shall initially appoint six

12  members to serve 2-year terms and six members to serve 4-year

13  terms. Thereafter, the terms of all appointed members must be

14  4 years and must be staggered. Members may be appointed to

15  successive terms and incumbent members may continue to serve

16  the council until a successor is appointed. Representatives of

17  the Federal Government may serve as ex officio members without

18  voting rights.

19         (8)  A majority of the membership constitutes a quorum

20  for the conduct of business and shall elect the chair of the

21  advisory council biennially. The council shall meet at least

22  twice a year, and the chair may call meetings as often as

23  necessary to transact business or as directed by the board.

24  The chair, or his or her designee, shall attend all board

25  meetings on behalf of the council. Administrative and clerical

26  support shall be provided by the Department of Management

27  Services.

28         Section 9.  Subsection (2) of section 215.96, Florida

29  Statutes, is amended to read:

30         215.96  Coordinating council and design and

31  coordination staff.--

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  1         (2)  The coordinating council shall consist of the

  2  Comptroller; the Treasurer; the secretary of the Department of

  3  Management Services; and the Director of Planning and

  4  Budgeting, Executive Office of the Governor, or their

  5  designees. The Comptroller, or his or her designee, shall be

  6  chair of the coordinating council, and the design and

  7  coordination staff shall provide administrative and clerical

  8  support to the council and the board. The design and

  9  coordination staff shall maintain the minutes of each meeting

10  and shall make such minutes available to any interested

11  person. The Auditor General, the State Courts Administrator,

12  an executive officer of the Florida Association of State

13  Agency Administrative Services Directors, and an executive

14  officer of the Florida Association of State Budget Officers,

15  or their designees, shall serve without voting rights as ex

16  officio members on the coordinating council. The chair may

17  call meetings of the coordinating council as often as

18  necessary to transact business; however, the coordinating

19  council shall meet at least once a year.  Action of the

20  coordinating council shall be by motion, duly made, seconded

21  and passed by a majority of the coordinating council voting in

22  the affirmative for approval of items that are to be

23  recommended for approval to the Financial Management

24  Information Board.

25         Section 10.  This act shall take effect upon becoming a

26  law.

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