House Bill 0827e1

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                                        CS/HB 827, First Engrossed



  1                      A bill to be entitled

  2         An act relating to information resources

  3         management; amending s. 11.39, F.S.; revising

  4         the duties of the Legislative Information

  5         Technology Resource Committee; amending s.

  6         120.52, F.S.; providing an additional exclusion

  7         to the definition of "rule"; amending ss.

  8         186.021 and 186.022, F.S.; revising provisions

  9         relating to information resources management in

10         state agency strategic plans and review

11         thereof; creating s. 216.0446, F.S.;

12         authorizing a mechanism for the review of

13         portions of agency strategic plans and

14         legislative budget requests that pertain to

15         information resource management needs; naming

16         this mechanism the Technology Review Workgroup;

17         amending s. 216.181, F.S.; requiring review and

18         approval of amendments to approved budgets

19         which involve specified information resource

20         management initiatives or projects; amending s.

21         282.003, F.S.; revising the short title of ch.

22         282, F.S.; creating s. 282.005, F.S.; providing

23         legislative findings and intent with respect to

24         information resources management; amending s.

25         282.303, F.S.; revising definitions; creating

26         s. 282.3031, F.S.; providing for assignment of

27         information resources management

28         responsibilities; creating s. 282.3032, F.S.;

29         providing guiding principles for development

30         and implementation of information systems;

31         creating s. 282.3041, F.S.; providing for


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                                        CS/HB 827, First Engrossed



  1         information resources management

  2         responsibilities within state agencies;

  3         creating s. 282.3055, F.S.; creating the

  4         position of Chief Information Officer;

  5         providing duties; creating s. 282.3063, F.S.;

  6         requiring an Agency Annual Information

  7         Resources Management Report; creating s.

  8         282.3091, F.S.; creating the State Technology

  9         Council; providing legislative intent;

10         providing membership, powers, and duties;

11         creating s. 282.3093, F.S.; creating the State

12         Technology Office; providing legislative

13         intent; providing powers and duties; creating

14         s. 282.310, F.S.; requiring a State Annual

15         Report on Information Resources Management;

16         creating s. 282.315, F.S.; creating the Chief

17         Information Officers Council; providing

18         legislative intent; providing purposes,

19         membership, and duties; amending s. 282.102,

20         F.S.; authorizing the Division of

21         Communications of the Department of Management

22         Services to publish electronically a portfolio

23         of its services; specifying the information to

24         be included in the portfolio; requiring that

25         the information also be provided in hard copy;

26         repealing s. 282.1021, F.S., which requires the

27         Division of Communications to develop a

28         biennial plan for communication services;

29         amending s. 282.20, F.S., relating to the

30         Technology Resource Center; removing references

31         to the Information Resource Commission;


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                                        CS/HB 827, First Engrossed



  1         amending s. 282.313, F.S.; revising membership

  2         and duties of the data processing policy

  3         boards; amending s. 282.318, F.S.; revising

  4         security requirements for data and information

  5         technology resources; amending s. 282.322,

  6         F.S., relating to special monitoring for

  7         designated information resources management

  8         projects; providing for the assumption of

  9         specified responsibilities by the Technology

10         Review Workgroup; amending s. 282.404, F.S.,

11         relating to the Geographic Information Board;

12         requiring the board to develop an annual

13         strategic plan; removing references to the

14         Information Resource Commission; revising the

15         membership of the Geographic Information

16         Advisory Council; repealing s. 282.004, F.S.,

17         relating to legislative intent with respect to

18         information resources management and paperwork

19         reduction; repealing s. 282.304, F.S., which

20         provides for the creation of the Information

21         Resource Commission; repealing s. 282.307,

22         F.S., which requires each department to submit

23         a strategic plan for information resources

24         management; repealing s. 282.308, F.S., which

25         requires each state university to prepare a

26         strategic plan for information resources

27         management; repealing s. 282.312, F.S., which

28         requires the submission of annual performance

29         reports to the Information Resource Commission;

30         repealing s. 287.0735, F.S., which requires the

31         review of contracts relating to the acquisition


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                                        CS/HB 827, First Engrossed



  1         of information technology resources by the

  2         Information Resource Commission; repealing s.

  3         287.073(5), (6), (7), and (8), F.S., which

  4         creates the Information Technology Resource

  5         Procurement Advisory Council within the

  6         Department of Management Services; repealing s.

  7         216.0445, F.S., relating to budget evaluation

  8         by the Information Resource Commission;

  9         repealing s. 282.309, F.S., which requires the

10         preparation of strategic plans for information

11         resources management by the judicial branch;

12         repealing s. 282.311, F.S., which provides for

13         information resource managers; repealing s.

14         282.305, F.S., which provides powers and duties

15         of the Information Resource Commission and the

16         Board of Regents with respect to information

17         resources management; repealing s. 282.3061,

18         F.S., which provides for a State Strategic Plan

19         for Information Resources Management; repealing

20         s. 282.3062, F.S., which requires an annual

21         report on information resources management by

22         the Information Resource Commission; repealing

23         s. 282.314, F.S., which creates the Information

24         Resources Management Advisory Council; amending

25         s. 215.90, F.S.; renaming the "Florida Fiscal

26         Accounting Management Information System Act"

27         the "Florida Financial Management Information

28         System Act"; amending s. 215.91, F.S.;

29         providing legislative intent; amending s.

30         215.92, F.S.; revising definitions; amending s.

31         215.93, F.S.; providing requirements with


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                                        CS/HB 827, First Engrossed



  1         respect to the Florida Financial Management

  2         Information System and its subsystems; amending

  3         s. 215.94, F.S.; revising provisions with

  4         respect to the designation, duties, and

  5         responsibilities of the functional owners;

  6         amending s. 215.95, F.S.; renaming the Fiscal

  7         Accounting Information Board as the Financial

  8         Management Information Board and revising its

  9         duties; requiring the board to develop an

10         annual strategic plan; amending s. 215.96,

11         F.S.; revising provisions with respect to the

12         coordinating council and its membership and

13         duties; providing for design and coordination

14         staff; amending s. 216.141, F.S.; revising

15         provisions with respect to budget system

16         procedures and planning and programming by

17         state agencies; creating a Health Information

18         Systems Council to facilitate coordination and

19         sharing of health-related data; requiring the

20         council to develop and approve an annual

21         strategic plan; amending ss. 20.19, 20.316, and

22         20.41, F.S., to conform and correct

23         cross-references; amending s. 112.3145, F.S.;

24         removing voting members of the Information

25         Technology Resource Procurement Advisory

26         Council from the definition of "specified state

27         employee"; amending s. 216.031, F.S.;

28         correcting a cross-reference; amending ss.

29         216.235 and 216.236, F.S., to conform; amending

30         s. 287.042, F.S., relating to the powers,

31         duties, and functions of the Division of


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                                        CS/HB 827, First Engrossed



  1         Purchasing of the Department of Management

  2         Services, to conform; amending s. 287.073,

  3         F.S.; conforming the definition of "information

  4         technology resources"; amending s. 943.08,

  5         F.S.; requiring the Criminal and Juvenile

  6         Justice Information Systems Council to develop

  7         and approve an annual strategic plan; requiring

  8         that the current staff of the Information

  9         Resource Commission be given priority

10         consideration for vacant or new positions;

11         providing for storage of records and requiring

12         that the records of the Information Resource

13         Commission be transferred to the State

14         Technology Office; providing for the repeal of

15         the administrative rules of the Information

16         Resource Commission on June 30, 1998; providing

17         for the transfer of specified unexpended

18         appropriations to the Technology Review

19         Workgroup; providing for a reviser's bill;

20         providing a definition; specifying the types of

21         information to be included in the collaborative

22         systems; specifying participants in the

23         collaborative systems; requiring a steering

24         committee to govern each collaborative system;

25         requiring a system security plan; authorizing

26         collaborative system members to share client

27         information; imposing restrictions to protect

28         confidential client information; encouraging

29         participation in the collaborative systems;

30         providing effective dates.

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                                        CS/HB 827, First Engrossed



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

  2

  3         Section 1.  Subsection (2) of section 11.39, Florida

  4  Statutes, is amended to read:

  5         11.39  Legislative Information Technology Resource

  6  Committee; membership; powers; duties.--

  7         (2)  The committee shall:

  8         (a)  Recommend to the Legislature, at least annually,

  9  needed legislation in the area of information technology

10  resource use and management.

11         (a)(b)  Maintain a continuous review of the use and

12  management of information technology resources by the various

13  agencies.

14         (b)  Evaluate recommendations proposed by the State

15  Technology Council with respect to information resources

16  management issues and solicit the council's comments on

17  proposed information resources management legislation.

18         (c)  In consultation with the Joint Legislative

19  Auditing Committee, review and assess the implementation of

20  the information resources initiatives or projects identified

21  in the agency strategic plans.

22         (d)  Recommend to the Legislature, at least annually,

23  needed legislation in the area of information technology

24  resource use and management.

25         (e)(c)  Assist standing committees of the Senate and of

26  the House of Representatives with such services as the joint

27  committee may deem necessary, including, but not limited to,

28  review of agency information technology resource plans as

29  provided in s. 282.307 and evaluation of the overall impact of

30  resource acquisitions on the productivity and services of the

31  agencies.


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                                        CS/HB 827, First Engrossed



  1         Section 2.  Paragraph (c) of subsection (15) of section

  2  120.52, Florida Statutes, 1996 Supplement, is amended to read:

  3         120.52  Definitions.--As used in this act:

  4         (15)  "Rule" means each agency statement of general

  5  applicability that implements, interprets, or prescribes law

  6  or policy or describes the procedure or practice requirements

  7  of an agency and includes any form which imposes any

  8  requirement or solicits any information not specifically

  9  required by statute or by an existing rule.  The term also

10  includes the amendment or repeal of a rule.  The term does not

11  include:

12         (c)  The preparation or modification of:

13         1.  Agency budgets.

14         2.  Statements, memoranda, or instructions to state

15  agencies issued by the Comptroller as chief fiscal officer of

16  the state and relating or pertaining to claims for payment

17  submitted by state agencies to the Comptroller.

18         3.  Contractual provisions reached as a result of

19  collective bargaining.

20         4.  Memoranda issued by the Executive Office of the

21  Governor relating to information resources management.

22         Section 3.  Subsections (1), (2), and (4) of section

23  186.021, Florida Statutes, are amended to read:

24         186.021  State agency strategic plans.--

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

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

27  its mission within the context of the state comprehensive plan

28  and any other statutory mandates and authorizations given to

29  the agency. Each state agency strategic plan must identify

30  infrastructure needs, capital improvement needs, and

31  information resources management projects or initiatives that


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                                        CS/HB 827, First Engrossed



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

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

  3  over a 1-year period. Each agency strategic plan needs

  4  associated with agency programs and shall specify those

  5  objectives against which will be judged the agency's

  6  achievement of its goals and the goals of the state

  7  comprehensive plan. The state agency strategic plan shall be

  8  consistent with and shall further the goals of the state

  9  comprehensive plan.

10         (2)  A state agency strategic plan shall be developed

11  with a 5-year outlook and shall provide the strategic

12  framework within which an agency's legislative budget request

13  is and the agency Strategic Information Resource Management

14  Plan are developed.  An agency's budget and its Strategic

15  Information Resource Management Plan shall be designed to

16  further the agency's strategic plan.

17         (4)  The Department of Environmental Protection, with

18  regard to the plan required by s. 373.036, and the state land

19  planning agency, with regard to the plan defined in s.

20  380.031(17), and the Information Resource Commission, with

21  regard to the plan defined in s. 282.3061, shall prepare

22  revisions to such plans no later than 6 months after the

23  adoption of revisions to the growth management portion of the

24  state comprehensive plan or by June 1 of each even-numbered

25  year, whichever is later.

26         Section 4.  Subsection (3) of section 186.022, Florida

27  Statutes, 1996 Supplement, is amended, and subsection (9) is

28  added to that section, to read:

29         186.022  State agency strategic plans; preparation,

30  form, and review.--

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                                        CS/HB 827, First Engrossed



  1         (3)  The Executive Office of the Governor shall review

  2  the state agency strategic plans to ensure that they are

  3  consistent with the state comprehensive plan and other

  4  requirements as specified in the written instructions. In its

  5  review, the Executive Office of the Governor shall consider

  6  all comments received in formulating required revisions. This

  7  shall include:

  8         (a)  The findings of the Statewide Health Council's

  9  review of the consistency of the health components of agency

10  strategic plans with the health element of the state

11  comprehensive plan;

12         (b)  The findings of the Technology Review Workgroup as

13  to the consistency of the information resources management

14  portion of agency strategic plans with the State Annual Report

15  on Information Resources Management and statewide policies

16  recommended by the State Technology Council review of the

17  Information Resource Commission with respect to the strategic

18  information resources management issues not covered under

19  paragraph (d); and

20         (c)  The findings of the Criminal and Juvenile Justice

21  Information Systems Council's review with respect to public

22  safety system strategic information technology resources

23  management issues.

24

25  Within 60 days, reviewed plans shall be returned to the

26  agency, together with any required revisions. However, any

27  required revisions relating to information resources

28  management needs identified in the agency strategic plans are

29  subject to the notice and review procedures set forth in s.

30  216.177 and must be approved by the Administration Commission

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                                        CS/HB 827, First Engrossed



  1  for the executive branch and the Chief Justice for the

  2  judicial branch.

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

  4  Information Board, the Financial Management Information Board,

  5  the Criminal and Juvenile Justice Information Systems Council,

  6  and the Health Information Systems Council shall each develop

  7  a strategic plan following the general statutory requirements

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

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

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

11  in subsections (2) through (7), with the following exceptions:

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

13  consultation with the President of the Senate and Speaker of

14  the House of Representatives, may prescribe a specific format

15  and content for the strategic plans of coordinating boards and

16  councils.

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

18  required strategic plan revisions, incorporation of such

19  revisions by the boards or councils, and resolution of

20  disputes shall be established by the Executive Office of the

21  Governor, after consultation with the President of the Senate

22  and the Speaker of the House of Representatives.

23         Section 5.  Section 216.0446, Florida Statutes, is

24  created to read:

25         216.0446  Review of information resources management

26  needs.--

27         (1)  The Executive Office of the Governor may contract

28  with the Legislature to provide a mechanism for review of and

29  recommendations with respect to the portion of agencies'

30  strategic plans which pertains to information resources

31  management needs and with respect to agencies' legislative


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                                        CS/HB 827, First Engrossed



  1  budget requests for information resources management.  This

  2  mechanism shall be referred to as the Technology Review

  3  Workgroup, which shall be headed by a senior-level manager.

  4         (2)  In addition to its primary duty specified in

  5  subsection (1), the Technology Review Workgroup shall have

  6  powers and duties that include, but are not limited to, the

  7  following:

  8         (a)  To evaluate the information resource management

  9  needs identified in the agency strategic plans for consistency

10  with the State Annual Report on Information Resources

11  Management and statewide policies recommended by the State

12  Technology Council, and make recommendations to the Executive

13  Office of the Governor, pursuant to s. 186.022(3).

14         (b)  To review and make recommendations to the

15  Executive Office of the Governor and the chairs of the

16  legislative fiscal committees on notices of proposed action

17  for budget items with respect to information resources

18  management initiatives or projects that involve more than one

19  agency, that have an outcome that impacts another agency, or

20  that exceed $500,000 in total cost over a 1-year period.

21         (c)  To make recommendations to the Executive Office of

22  the Governor on guidelines and best practices for information

23  resources management based on information received from the

24  State Technology Council.

25         Section 6.  Present subsections (4) through (14) of

26  section 216.181, Florida Statutes, 1996 Supplement, are

27  renumbered as subsections (5) through (15), respectively, and

28  a new subsection (4) is added to that section to read:

29         216.181  Approved budgets for operations and fixed

30  capital outlay.--

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                                        CS/HB 827, First Engrossed



  1         (4)  All amendments to the original approved operating

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

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

  4  be approved by the Governor and Administration Commission as

  5  provided in this chapter for the executive branch and the

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

  7  an information resources management project or initiative that

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

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

10  1-year period.

11         Section 7.  Section 282.003, Florida Statutes, 1996

12  Supplement, is amended to read:

13         282.003  Short title.--This chapter may be cited as the

14  "Information Technology Resources Management Act of 1997

15  1996."

16         Section 8.  Section 282.005, Florida Statutes, is

17  created to read:

18         282.005  Legislative findings and intent.--The

19  Legislature finds that:

20         (1)  Information is a strategic asset of the state and,

21  as such, it should be managed as a valuable state resource.

22         (2)  The state makes significant investments in

23  information technology resources in order to manage

24  information and to provide services to its citizens.

25         (3)  The head of each state agency has primary

26  responsibility and accountability for the planning, budgeting,

27  acquisition, development, implementation, use, and management

28  of information technology resources within the agency.

29         (4)  The expanding need for, use of, and dependence on

30  information technology resources requires focused management

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                                        CS/HB 827, First Engrossed



  1  attention and managerial accountability by state agencies and

  2  the state as a whole.

  3         (5)  The agency head has primary responsibility for the

  4  agency's information technology resources and for their use in

  5  accomplishing the agency's mission.  However, each agency

  6  shall also use its information technology resources in the

  7  best interests of the state as a whole and thus contribute to

  8  and make use of shared data and related resources whenever

  9  appropriate.

10         (6)  The state shall provide, by whatever means is most

11  cost-effective and efficient, the information resources

12  management infrastructure needed to collect, store, and

13  process the state's data and information, provide

14  connectivity, and facilitate the exchange of data and

15  information among both public and private parties.

16         (7)  A necessary part of the state's information

17  resources management infrastructure is a statewide

18  communications system for all types of signals, including

19  voice, data, video, radio, and image.

20         (8)  To ensure the best management of the state's

21  information technology resources, and notwithstanding other

22  provisions of law to the contrary, the functions of

23  information resources management are hereby assigned to the

24  Board of Regents as the agency responsible for the development

25  and implementation of policy, planning, management,

26  rulemaking, standards, and guidelines for the State University

27  System; to the State Board of Community Colleges as the agency

28  responsible for establishing and developing rules and policies

29  for the State Community College System; to the Supreme Court,

30  for the judicial branch; and to each state attorney and public

31  defender.


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                                        CS/HB 827, First Engrossed



  1         Section 9.  Section 282.303, Florida Statutes, is

  2  amended to read:

  3         282.303  Definitions.--For the purposes of ss.

  4  282.303-282.322, the term:

  5         (1)  "Agency" means those entities described in chapter

  6  216.

  7         (2)  "State Technology Council" means the council

  8  created in s. 282.3091 to develop a statewide vision for, and

  9  make recommendations on, information resources management.

10  "Commission" means the Information Resource Commission as

11  created by s. 282.304.

12         (3)  "Chief Information Officer" means the person

13  appointed by the agency head to coordinate and manage the

14  information resources management policies and activities

15  within that agency. "Common applications" means separately

16  identifiable information technology resources that are used to

17  support an objective and are shared statewide or agencywide.

18         (4)  "Chief Information Officers Council" means the

19  council created in s. 282.315 to facilitate the sharing and

20  coordination of information resources management issues and

21  initiatives among the agencies. "Common data structure" means

22  logical data items or attributes that are shared statewide or

23  agencywide.

24         (5)  "State Technology Office" means the office created

25  in s. 282.3093 to support specified information resource

26  management activities and to facilitate educational and

27  training opportunities. "Computing component" means the part

28  of the agency's technology architecture for supporting its

29  data processing hardware and the agency's strategy to

30  facilitate common applications.

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                                        CS/HB 827, First Engrossed



  1         (6)  "Data processing hardware" means information

  2  technology equipment designed for the automated storage,

  3  manipulation, and retrieval of data by electronic or

  4  mechanical means, or both, and includes, but is not limited

  5  to, central processing units, front-end processing units,

  6  including miniprocessors and microprocessors, and related

  7  peripheral equipment such as data storage devices, document

  8  scanners, data entry, terminal controllers and data terminal

  9  equipment, computer-related word processing systems, and

10  equipment and systems for computer networks.

11         (7)  "Data processing services" means all services that

12  include, but are not limited to, feasibility studies, systems

13  design, software development, or time-sharing services.

14         (8)  "Data processing software" means the programs and

15  routines used to employ and control the capabilities of data

16  processing hardware, including, but not limited to, operating

17  systems, compilers, assemblers, utilities, library routines,

18  maintenance routines, applications, and computer networking

19  programs.

20         (9)  "Agency Annual Information Resources Management

21  Report" means the report prepared by the Chief Information

22  Officer of each agency as required by s. 282.3063.

23  "Department" means the principal administrative unit within

24  the executive branch of state government as defined in chapter

25  20. For the purposes of ss. 282.303-282.313, the State Board

26  of Administration, the Executive Office of the Governor, and

27  the Game and Fresh Water Fish Commission shall be considered

28  departments.

29         (10)  "State Annual Report on Information Resources

30  Management" means the report prepared by the State Technology

31  Office as defined in s. 282.3093.  "Executive director" means


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                                        CS/HB 827, First Engrossed



  1  the executive director of the Information Resource Commission

  2  as provided in s. 282.304.

  3         (11)  "Project" means an undertaking directed at the

  4  accomplishment of a strategic objective relating to

  5  information resources management or a specific appropriated

  6  program.  "Information architecture" means the set of common

  7  applications and common data structures that are planned to

  8  support statewide or agency objectives.

  9         (12)  "Information resources management" means the

10  planning, budgeting, acquiring, developing, organizing,

11  directing, training, and control associated with government

12  information resources. The term encompasses information and

13  related resources, as well as the controls associated with

14  their acquisition, development, dissemination, and use.

15         (13)  "Information technology resources" means data

16  processing hardware and software and services, communications,

17  supplies, personnel, facility resources, maintenance, and

18  training.  The commission shall determine, by rule, the

19  process control devices to be excluded from this definition.

20         (14)  "Information resources management infrastructure"

21  means the hardware, software, networks, data, human resources,

22  policies, standards, and facilities that are required to

23  support the business processes of an agency. "Infrastructure

24  component" means the training, personnel, facilities, and

25  administrative support for implementing the agency's computing

26  and network components of the technology architecture.

27         (15)  "Technology Review Workgroup" means the workgroup

28  created in s. 216.0446 to review and make recommendations on

29  agencies' information resource management planning and

30  budgeting proposals. "Manager" means the information resource

31  manager appointed by each department.


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                                        CS/HB 827, First Engrossed



  1         (16)  "Total cost" means all costs associated with

  2  information resources management projects or initiatives,

  3  including, but not limited to, value of hardware, software,

  4  service, maintenance, incremental personnel, and facilities.

  5  Total cost of a loan or gift of information technology

  6  resources to an agency includes the fair market value of the

  7  resources, except that the total cost of loans or gifts of

  8  information technology resources to state universities to be

  9  used in instruction or research does not include fair market

10  value. "Network component" means the framework for employing

11  data communications resources in support of the agency's

12  technology architecture, including local and wide area network

13  capabilities, and the agency's strategy for facilitating

14  common application access to common data structures.

15         (17)  "Project" means an undertaking directed at the

16  accomplishment of a strategic objective relating to

17  information resources management or a specific appropriated

18  program.

19         (18)  "Reporting requirement" means a statutory

20  provision that specifically requires a state governmental

21  entity to prepare or have prepared on a regular or periodic

22  basis a written account or record for the purpose of informing

23  persons outside of the state governmental entity of matters

24  relevant to the official business of the state governmental

25  entity. The term does not include requirements for the

26  preparation of legislative budget requests or the preparation

27  of brochures, newsletters, handbooks, manuals, pamphlets,

28  flyers, directories, or other similar documents.

29         (19)  "State governmental entity" means any department,

30  agency, or other unit of organization of the executive branch

31  of state government, a unit of organization of the legislative


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                                        CS/HB 827, First Engrossed



  1  branch of state government, a unit of organization of the

  2  judicial branch of state government, the State Board of

  3  Community Colleges, the Board of Regents, and the Public

  4  Service Commission.

  5         Section 10.  Sections 282.3031, 232.3032, 282.3041,

  6  282.3055, 282.3063, 282.3091, 282.3093, 282.310 and 282.315,

  7  Florida Statutes, are created to read:

  8         282.3031  Assignment of information resources

  9  management responsibilities.--For purposes of ss.

10  282.303-282.322, to ensure the best management of state

11  information technology resources, and notwithstanding other

12  provisions of law to the contrary, the functions of

13  information resources management are hereby assigned to the

14  Board of Regents as the agency responsible for the development

15  and implementation of policy, planning, management,

16  rulemaking, standards, and guidelines for the State University

17  System; to the State Board of Community Colleges as the agency

18  responsible for establishing and developing rules and policies

19  for the State Community College System; to the Supreme Court

20  for the judicial branch; and to each state attorney and public

21  defender.

22         282.3032  Development and implementation of information

23  systems; guiding principles.--To ensure the best management of

24  the state's information technology resources, the following

25  guiding principles are adopted:

26         (1)  Cooperative planning by state governmental

27  entities is a prerequisite for the effective development and

28  implementation of information systems to enable sharing of

29  data.

30

31


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                                        CS/HB 827, First Engrossed



  1         (2)  The planning process, as well as coordination of

  2  development efforts, should include all principals from the

  3  outset.

  4         (3)  State governmental entities should be committed to

  5  maximizing information sharing and moving away from

  6  proprietary positions taken relative to data they collect and

  7  maintain.

  8         (4)  State governmental entities should maximize public

  9  access to data, while complying with legitimate security,

10  privacy, and confidentiality requirements.

11         (5)  State governmental entities should strive for

12  electronic sharing of information via networks to the extent

13  possible.

14         (6)  To the extent that state government entities

15  charge each other for data, this practice, insofar as

16  possible, should be eliminated.  Further, when the capture of

17  data for mutual benefit can be accomplished, the costs for the

18  development, capture, and network for access to that data

19  should be shared.

20         (7)  The redundant capture of data should, insofar as

21  possible, be eliminated.

22         (8)  Only data that are auditable, or that otherwise

23  can be determined to be accurate, valid, and reliable, should

24  be maintained.

25         (9)  Methods of sharing data among different protocols

26  should be developed without requiring major redesign or

27  replacement of individual systems.

28         (10)  Consistency of data elements should be achieved

29  by establishing standard data definitions and formats when

30  possible.

31


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                                        CS/HB 827, First Engrossed



  1         282.3041  State agency responsibilities.--The head of

  2  each state agency is responsible and accountable for

  3  information resources management within the agency in

  4  accordance with legislative intent and as defined in this

  5  chapter.

  6         282.3055  Agency Chief Information Officer;

  7  appointment; duties.--

  8         (1)(a)  To assist the agency head in carrying out the

  9  information resources management responsibilities, the agency

10  head shall appoint or contract for a Chief Information Officer

11  at a level commensurate with the role and importance of

12  information technology resources in the agency.  This position

13  may be full time or part time.

14         (b)  The Chief Information Officer must, at a minimum,

15  have knowledge and experience in both management and

16  information technology resources.

17         (2)  The duties of the Chief Information Officer

18  include, but are not limited to:

19         (a)  Coordinating and facilitating agency information

20  resources management projects and initiatives.

21         (b)  Preparing an agency annual report on information

22  resources management pursuant to s. 282.3063.

23         (c)  Developing and implementing agency information

24  resources management policies, procedures, and standards,

25  including specific policies and procedures for review and

26  approval of the agency's purchases of information technology

27  resources.

28         (d)  Advising agency senior management as to the

29  information resources management needs of the agency for

30  inclusion in planning documents required by law.

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                                        CS/HB 827, First Engrossed



  1         (e)  Assisting in the development and prioritization of

  2  the information resources management schedule of the agency's

  3  legislative budget request.

  4         282.3063  Agency Annual Information Resources

  5  Management Report.--

  6         (1)  By November 1 of each year, and for the State

  7  University System within 90 days after completion of the

  8  expenditure analysis developed pursuant to s. 240.271(4), each

  9  Chief Information Officer shall prepare and submit to the

10  State Technology Office an Agency Annual Information Resources

11  Management Report.  Following consultation with the State

12  Technology Council and the Chief Information Officers Council,

13  the Executive Office of the Governor and the fiscal committees

14  of the Legislature shall jointly develop and issue

15  instructions for the format and contents of the report.

16         (2)  The Agency Annual Information Resources Management

17  Report shall contain, at a minimum, the following:

18         (a)  A forecast of information resources management

19  priorities and initiatives for the ensuing 2 years.

20         (b)  A description of the current information resources

21  management infrastructure of the agency and planned changes

22  for the ensuing 2 years.

23         (c)  A status report on the major information resources

24  management projects of the agency.

25         (d)  An assessment of the progress made toward

26  implementing the prior fiscal year legislative appropriation

27  to the agency for information resources management.

28         (e)  The estimated expenditures by the agency for

29  information resources management for the prior fiscal year.

30         (f)  An inventory list, by major categories, of the

31  agency information technology resources, which specifically


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                                        CS/HB 827, First Engrossed



  1  identifies the resources acquired during the previous fiscal

  2  year.

  3         (g)  An assessment of opportunities for the agency to

  4  share information resources management projects or initiatives

  5  with other governmental or private entities.

  6         (h)  A list of information resources management issues

  7  the agency has identified as statewide issues or critical

  8  information resources management issues for which the State

  9  Technology Council could provide future leadership or

10  assistance.

11         282.3091  State Technology Council; creation.--

12         (1)  The Legislature finds that it is in the state's

13  interest to create a council consisting of state senior-level

14  executive managers and representatives from the private sector

15  to develop a statewide vision and to make recommendations on

16  statewide policies for information resources management to the

17  Executive Office of the Governor and the Legislature.

18         (2)  There is created a State Technology Council.  The

19  council shall be placed, for administrative purposes, in the

20  Department of Management Services.

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

22  follows:

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

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

25         (b)  The Comptroller.

26         (c)  The Commissioner of Education.

27         (d)  The Secretary of State.

28         (e)  The secretary of the Department of Management

29  Services.

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

31


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                                        CS/HB 827, First Engrossed



  1         (g)  Two private sector representatives, one appointed

  2  by the Speaker of the House of Representatives and one

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

  4  members of the Legislature.  Private sector representatives

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

  6  in managing information technology resources.  However,

  7  representatives of information technology resource vendors or

  8  any of their subsidiaries that sell products or services to

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

10  representative.

11         (4)  Members of the council who are appointed shall

12  serve 2-year terms beginning January 1 through December 31,

13  except that their initial term shall be July 1, 1997, through

14  December 31, 1998.  A member may be removed by the appointing

15  officer for cause or if such member is absent from three

16  consecutive meetings.  Any member appointed to fill a vacancy

17  shall serve for the unexpired term of his or her predecessor.

18         (5)  The council shall meet at least quarterly, but may

19  meet upon the call of the chair.  All actions taken by the

20  council shall be based upon approval by a simple majority.

21         (6)  Members of the council shall be reimbursed for per

22  diem and travel expenses as provided in s. 112.061.  Members

23  who are state officers or employees may be reimbursed for such

24  expenses by their respective agencies.

25         (7)  The council shall have the following duties and

26  responsibilities:

27         (a)  To develop a statewide vision for information

28  resources management which shall be reflected in the State

29  Annual Report on Information Resources Management.

30

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                                        CS/HB 827, First Engrossed



  1         (b)  To recommend statewide policies to the Executive

  2  Office of the Governor and to the Joint Legislative

  3  Information Technology Resource Committee.

  4         (c)  To recommend innovation in the state's use of

  5  technology to the Executive Office of the Governor and the

  6  Joint Legislative Information Technology Resource Committee.

  7         (d)  To identify, develop, and recommend solutions to

  8  address statewide technology issues to the Executive Office of

  9  the Governor and the Joint Legislative Information Technology

10  Resource Committee.

11         (e)  To create ad hoc issue-oriented workgroups to make

12  recommendations to the council and to the Executive Office of

13  the Governor.  Such workgroups may include private and public

14  sector representatives.

15         (f)  To review, evaluate, and comment on proposals by

16  the Joint Legislative Information Technology Resource

17  Committee.

18         (g)  To consult with the Chief Information Officers

19  Council.

20         (h)  To approve the State Annual Report on Information

21  Resources Management.

22         (i)  To recommend memoranda on guidelines and best

23  practices to the Executive Office of the Governor.

24         282.3093  State Technology Office; legislative intent;

25  powers and duties.--

26         (1)  It is the intent of the Legislature that an office

27  be created to provide support to specified organizations and

28  workgroups and to facilitate state educational and training

29  opportunities to enhance the state's use and management of

30  information technology resources.

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                                        CS/HB 827, First Engrossed



  1         (2)  There is created a State Technology Office in the

  2  Department of Management Services, which shall be headed by a

  3  senior-level manager, who may be in the Senior Management

  4  Service upon determination by the Department of Management

  5  Services that the duties and responsibilities of the office

  6  are comparable to other Senior Management Service positions.

  7         (3)  The duties of the State Technology Office include,

  8  but are not limited to, the following:

  9         (a)  Advising and providing administrative support to

10  the State Technology Council.

11         (b)  Providing administrative support to the Chief

12  Information Officers Council.

13         (c)  Providing administrative support for ad hoc

14  issue-oriented workgroups created by the State Technology

15  Council.

16         (d)  Providing assistance, as needed, to the Technology

17  Review Workgroup.

18         (e)  Facilitating state educational and training

19  opportunities for senior management, chief information

20  officers, and agency technical staff.

21         (f)  Preparing, on behalf of the Executive Office of

22  the Governor, memoranda on recommended guidelines and best

23  practices for information resource management, when requested.

24         (g)  Preparing, publishing, and disseminating the State

25  Annual Report on Information Resources Management pursuant to

26  s. 282.310.

27         282.310  State Annual Report on Information Resources

28  Management.--

29         (1)  By March 1 of each year, the State Technology

30  Office shall develop a State Annual Report on Information

31  Resources Management.


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                                        CS/HB 827, First Engrossed



  1         (2)  The State Annual Report on Information Resources

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

  3         (a)  The state vision for information resource

  4  management.

  5         (b)  A forecast of the state information resources

  6  management priorities and initiatives for the ensuing 2 years.

  7         (c)  A summary of major statewide policies recommended

  8  by the State Technology Council for information resources

  9  management.

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

11  Office of the Governor.

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

13  information resources management initiatives and priorities

14  for the past fiscal year.

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

16  improving information resources management by the state.

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

18  information technology resources.

19         (h)  A summary of the total expenditures for

20  information resources management by each state agency.

21         (i)  A summary of the opportunities for government

22  agencies or entities to share information resource management

23  projects or initiatives with other governmental or private

24  sector entities.

25         (j)  A list of the information resource management

26  issues that have been identified as statewide or critical

27  issues for which the State Technology Council could provide

28  leadership or assistance.

29

30  The state annual report shall also include information

31  resources management information from the annual reports


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                                        CS/HB 827, First Engrossed



  1  prepared by the Board of Regents for the State University

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

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

  4  judicial branch, and from each state attorney and public

  5  defender. Expenditure information shall be taken from each

  6  agency's annual report as well as the annual reports of the

  7  Board of Regents, the State Board of Community Colleges, the

  8  Supreme Court, the state attorneys, and the public defenders.

  9         (3)  The state annual report shall be made available in

10  writing or through electronic means to the Executive Office of

11  the Governor, the President of the Senate, the Speaker of the

12  House of Representatives, the Joint Legislative Information

13  Technology Resource Committee, and the Chief Justice of the

14  Supreme Court.

15         282.315  Chief Information Officers Council;

16  creation.--The Legislature finds that enhancing communication,

17  consensus building, coordination, and facilitation of

18  statewide information resources management issues is essential

19  to improving state management of such resources.

20         (1)  There is created a Chief Information Officers

21  Council to:

22         (a)  Enhance communication among the Chief Information

23  Officers of state agencies by sharing information resources

24  management experiences and exchanging ideas.

25         (b)  Facilitate the sharing of best practices that are

26  characteristic of highly successful technology organizations,

27  as well as exemplary information technology applications of

28  state agencies.

29         (c)  Identify efficiency opportunities among state

30  agencies.

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                                        CS/HB 827, First Engrossed



  1         (d)  Serve as an educational forum for information

  2  resources management issues.

  3         (e)  Assist the State Technology Council in identifying

  4  critical statewide issues and, when appropriate, make

  5  recommendations for solving information resources management

  6  deficiencies.

  7         (2)  Members of the council shall include the Chief

  8  Information Officers of all state agencies, including the

  9  Chief Information Officers of the agencies and governmental

10  entities enumerated in s. 282.3031, except that there shall be

11  one Chief Information Officer selected by the state attorneys

12  and one Chief Information Officer selected by the public

13  defenders. The chairs, or their designees, of the Geographic

14  Information Board, the Florida Financial Management

15  Information System Coordinating Council, the Criminal and

16  Juvenile Justice Information Systems Council, and the Health

17  Information Systems Council shall represent their respective

18  organizations on the Chief Information Officers Council as

19  voting members.

20         (3)  The State Technology Office shall provide

21  administrative support to the council.

22         Section 11.  Subsection (1) of section 282.102, Florida

23  Statutes, 1996 Supplement, is amended to read:

24         282.102  Powers and duties of Division of

25  Communications of the Department of Management Services.--The

26  Division of Communications of the Department of Management

27  Services shall have the following powers, duties, and

28  functions:

29         (1)  To publish electronically the portfolio of

30  services available from the division, including pricing

31  information; the policies and procedures of the division


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                                        CS/HB 827, First Engrossed



  1  governing usage of available services; and a forecast of the

  2  priorities and initiatives for the state communications system

  3  for the ensuing 2 years. The division shall provide a hard

  4  copy of its portfolio of services upon request.

  5         Section 12.  Section 282.1021, Florida Statutes, is

  6  hereby repealed.

  7         Section 13.  Section 282.20, Florida Statutes, is

  8  amended to read:

  9         282.20  Technology Resource Center.--

10         (1)(a)  The Division of Information Services of the

11  Department of Management Services shall operate and manage the

12  Technology Resource Center.

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

14         1.  "Department" means the Department of Management

15  Services.

16         2.  "Division" means the Division of Information

17  Services of the Department of Management Services.

18         3.  "Information-system utility" means a full-service

19  information-processing facility offering hardware, software,

20  operations, integration, networking, and consulting services

21  to state agencies.

22         (2)  The division and the Technology Resource Center

23  shall:

24         (a)  Serve the department and other state agencies as

25  an information-system utility.

26         (b)  Cooperate with the Information Resource Commission

27  and with other state agencies to Offer, develop, and support a

28  wide range of services and applications needed by users of the

29  Technology Resource Center.

30         (c)  Cooperate with the Florida Legal Resource Center

31  of the Department of Legal Affairs and other state agencies to


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                                        CS/HB 827, First Engrossed



  1  develop and provide access to repositories of legal

  2  information throughout the state.

  3         (d)  Cooperate with the Division of Communications of

  4  the department to facilitate interdepartmental networking and

  5  integration of network services for state agencies.

  6         (e)  Assist state agencies in testing and evaluating

  7  new and emerging technologies that could be used to meet the

  8  needs of the state.

  9         (3)  The division may contract with state agencies to

10  provide any combination of services necessary for agencies to

11  fulfill their responsibilities and to serve their users.

12         (4)(a)  There is created for the Technology Resource

13  Center a data processing policy board as provided in s.

14  282.313.

15         (b)  In addition to the members of the policy board

16  provided in s. 282.313, the following ex officio members are

17  appointed to the data processing policy board of the

18  Technology Resource Center: the Executive Director of the

19  Information Resource Commission, the Director of the Division

20  of Communications of the Department of Management Services,

21  and the chair of the coordinating council to the Florida

22  Fiscal Accounting Management Information System, as created in

23  s. 215.96, or their respective designees. The ex officio

24  members provided in this subsection shall vote and serve in

25  the same manner as other policy board members.

26         (5)  The Technology Resource Center may plan, design,

27  establish pilot projects for, and conduct experiments with

28  information technology resources, and may implement

29  enhancements in services when such implementation is

30  cost-effective. Funding for experiments and pilot projects

31  shall be derived from service revenues and may not exceed 5


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                                        CS/HB 827, First Engrossed



  1  percent of the service revenues for the Technology Resource

  2  Center for any fiscal year. Any experiment, pilot project,

  3  plan, or design must be approved by the data processing policy

  4  board of the center.

  5         (6)  Notwithstanding the provisions of s. 216.272, the

  6  Technology Resource Center may spend the funds in the reserve

  7  account of its working capital trust fund for enhancements to

  8  center operations or for information technology resources. Any

  9  expenditure of reserve account funds must be approved by the

10  data processing policy board of the center. Any funds

11  remaining in the reserve account at the end of the fiscal year

12  may be carried forward and spent as approved by the policy

13  board.

14         Section 14.  Section 282.313, Florida Statutes, is

15  amended to read:

16         282.313  Data processing policy boards.--

17         (1)  There is created a data processing policy board

18  for each data processing center which derives 20 percent or

19  more of its total yearly funding from departments other than

20  the host department for the center.  The Chief Information

21  Officer information resource manager of each department

22  utilizing the center, or his or her designee, shall serve as

23  the representative on the policy board.  The data center

24  director shall serve in a nonvoting ex officio capacity.  A

25  designee of the director or the supervisor of the data

26  processing center shall serve without voting rights as the

27  secretary to the policy board.  The secretary shall maintain

28  minutes of each policy board meeting.  Upon approval of the

29  minutes by the policy board, the secretary shall file a copy

30  with the commission.  The policy board shall annually elect a

31


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                                        CS/HB 827, First Engrossed



  1  chair from its membership and shall meet at the call of the

  2  chair or at the request of a majority of the members.

  3         (2)  Each data processing center shall review its

  4  information resources management needs in its agency strategic

  5  information technology resource plan with the policy board

  6  prior to the submission of the plan as prescribed by ss.

  7  186.021 and 186.022 282.307-282.309. The policy board may

  8  suggest modifications to that plan and submit any suggested

  9  modifications as part of the plan.

10         (3)  Actions taken by the data processing center to

11  implement its approved plan shall be reviewed and approved by

12  the policy board prior to implementation.  These actions

13  include, but are not limited to, setting policies and

14  procedures governing the data processing center's rate

15  structure and charging algorithm, information technology

16  resource acquisitions above $2,500, setting of work

17  priorities, scheduling, and acceptance of new users.

18         (4)  The data processing policy board may approve

19  expenditures derived from the overall rate structure of the

20  data processing center, not to exceed 5 percent of the gross

21  services billings to all users in any fiscal year, to design,

22  demonstrate, and conduct research and development for advanced

23  information technology solutions to information processing

24  problems. The data processing center may enter into agreements

25  with private industry and federal, state, and local

26  governments in designing, demonstrating, or developing such

27  technologies which offer the potential to improve efficiency

28  and reduce the cost of state operations. A majority vote of

29  the policy board shall be required prior to all such

30  expenditures. The data processing center shall report on such

31  activities in its agency's department's annual performance


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                                        CS/HB 827, First Engrossed



  1  report on information technology resources management pursuant

  2  to s. 282.312.

  3         (5)  This section does not apply to those data centers

  4  created pursuant to chapter 216.

  5         Section 15.  Section 282.318, Florida Statutes, 1996

  6  Supplement, is amended to read:

  7         282.318  Security of data and information technology

  8  resources.--

  9         (1)  This section may be cited as the "Security of Data

10  and Information Technology Resources Act."

11         (2)  As used in this section, the term:

12         (a)  "Department" means the principal administrative

13  unit within the executive branch of state government as

14  defined in chapter 20.  For the purposes of this section, the

15  State Board of Administration, the Executive Office of the

16  Governor, and the Game and Fresh Water Fish Commission shall

17  be considered departments.

18         (b)  "Head of a department" means the individual or

19  board in charge of the department.

20         (c)  "Information technology resources" means data

21  processing hardware, software and services, supplies,

22  personnel, facility resources, maintenance, training, or other

23  related resources.

24         (2)(3)(a)  Each agency head of a department is

25  responsible and accountable for assuring an adequate level of

26  security for all data and information technology resources of

27  the agency within the department and, to carry out this

28  responsibility, shall, at a minimum:

29         1.  Designate an information security manager who shall

30  administer the security program of the agency department for

31  its data and information technology resources.


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                                        CS/HB 827, First Engrossed



  1         2.  Conduct, and periodically update, a comprehensive

  2  risk analysis to determine the security threats to the data

  3  and information technology resources of the agency.  The risk

  4  analysis information is confidential and exempt from the

  5  provisions of s. 119.07(1), except that such information shall

  6  be available to the Auditor General in performing his or her

  7  postauditing duties.

  8         3.  Develop, and periodically update, written internal

  9  policies and procedures to assure the security of the data and

10  information technology resources of the agency.  The internal

11  policies and procedures which, if disclosed, could facilitate

12  the unauthorized modification, disclosure, or destruction of

13  data or information technology resources are confidential

14  information and exempt from the provisions of s. 119.07(1),

15  except that such information shall be available to the Auditor

16  General in performing his or her postauditing duties.

17         4.  Implement appropriate cost-effective safeguards to

18  reduce, eliminate, or recover from the identified risks to the

19  data and information technology resources of the agency.

20         5.  Ensure that periodic internal audits and

21  evaluations of the security program for the data and

22  information technology resources of the agency are conducted.

23  The results of such internal audits and evaluations are

24  confidential information and exempt from the provisions of s.

25  119.07(1), except that such information shall be available to

26  the Auditor General in performing his or her postauditing

27  duties.

28         6.  Include appropriate security requirements, as

29  determined by the agency department, in the written

30  specifications for the solicitation of information technology

31  resources by the department.


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                                        CS/HB 827, First Engrossed



  1         7.  Include as a part of the information resources

  2  management plan required in this chapter a general description

  3  of the existing security program and future plans for

  4  implementing information resources security policies and

  5  standards developed by the commission.

  6         8.  Certify annually to the Information Resource

  7  Commission that the security program for data and information

  8  technology resources conforms with the standards and policies

  9  developed by that commission and planned for implementation in

10  the agency strategic plan for information resources

11  management. If the department is unable to certify such

12  conformance, it shall notify the Information Resource

13  Commission in writing, stating the deficiencies and the

14  reasons for its nonconformance.  As part of the annual

15  certification process, agencies shall also note the percentage

16  of critical applications, as defined by the agency, that have

17  a current, tested contingency plan in the event of a disaster.

18         (b)  The Board of Regents is responsible for assuring

19  an adequate level of security for the data and the information

20  technology resources within the State University System.  To

21  carry out this responsibility for the State University System,

22  the Board of Regents shall establish and maintain minimum

23  security standards and rules to implement subparagraphs

24  (a)1.-6. and perform the functions described in subparagraphs

25  (d)2.-5.

26         (c)  The Supreme Court is responsible for assuring an

27  adequate level of security for the data and the information

28  technology resources within the judicial branch of government.

29  To carry out this responsibility, at a minimum, the Supreme

30  Court shall address the responsibilities prescribed in

31  subparagraphs (a)1.-6.  The Supreme Court shall develop


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                                        CS/HB 827, First Engrossed



  1  written minimum standards and guidelines for the judicial

  2  branch to follow in developing its security program. The

  3  Supreme Court shall include as a part of the information

  4  resources management plan required by this chapter a general

  5  description of the existing security program and future plans

  6  for assuring the security of data and information technology

  7  resources.

  8         (d)  The Information Resource Commission is responsible

  9  for providing centralized management and coordination of state

10  policies relating to the security of data and information

11  technology resources.  To carry out this responsibility, the

12  Information Resource Commission shall:

13         1.  Establish and maintain minimum security standards,

14  rules, and regulations to implement subparagraphs (a)1.-8.

15         2.  Establish guidelines to assist agencies in

16  identifying electronic data processing personnel who occupy

17  positions of special trust or responsibility or sensitive

18  locations as addressed in chapter 110.

19         3.  Establish rules and regulations for the exchange of

20  data between data centers or departments by intercoupling or

21  telecommunications to ensure that exchanges do not jeopardize

22  data security and confidentiality.

23         4.  Coordinate and provide for a training program

24  regarding security of data and information technology

25  resources to serve the technical and managerial needs of

26  government.

27         5.  Provide technical and managerial assistance

28  relating to the security program upon request.

29         6.  Adopt rules to implement this section.

30         (e)  The Department of Management Services shall:

31


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                                        CS/HB 827, First Engrossed



  1         1.  Adopt rules and regulations for the physical

  2  security of central computer rooms consistent with the

  3  standards developed under subparagraph (d)1.

  4         (b)2.  In those instances in which the Department of

  5  Management Services it develops state contracts for use by

  6  state all agencies, the department shall include appropriate

  7  security requirements, as established in paragraph (d), in the

  8  specifications for the solicitation for state contracts for

  9  procuring information technology resources.

10         Section 16.  Section 282.322, Florida Statutes, is

11  amended to read:

12         282.322  Special monitoring process for designated

13  information resources management projects.--For each

14  information resources management project which is designated

15  for special monitoring in the General Appropriations Act, with

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

17  Technology Review Workgroup established pursuant to s.

18  216.0446 Information Resource Commission, in consultation with

19  each affected agency, or the Board of Regents for each

20  affected university, shall be responsible for contracting with

21  the project monitor. Upon contract award, funds equal to the

22  contract amount shall be transferred to the Technology Review

23  Workgroup Information Resource Commission or the Board of

24  Regents as appropriate upon request and subsequent approval of

25  a budget amendment pursuant to s. 216.292. With the

26  concurrence of the Legislative Auditing Committee, the office

27  of the Auditor General shall be the project monitor for other

28  projects designated for special monitoring. However, nothing

29  in this section precludes the Auditor General from conducting

30  such monitoring on any project designated for special

31  monitoring. In addition to monitoring and reporting on


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                                        CS/HB 827, First Engrossed



  1  significant communications between a contracting agency and

  2  the appropriate federal authorities, the project monitoring

  3  process shall consist of evaluating each major stage of the

  4  designated project to determine whether the deliverables have

  5  been satisfied and to assess the level of risks associated

  6  with proceeding to the next stage of the project. The major

  7  stages of each designated project shall be determined based on

  8  the agency's information systems development methodology.

  9  Within 20 days after an agency has completed a major stage of

10  its designated project, the project monitor shall issue a

11  written report, including the findings and recommendations for

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

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

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

15  explanation or rebuttal concerning the findings and

16  recommendations of the project monitor, including any

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

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

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

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

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

22  Governor, the appropriations committees of the Legislature,

23  the Joint Legislative Auditing Committee, the Technology

24  Review Workgroup, and the Legislative Information Technology

25  Resource Committee. The Auditor General shall also receive a

26  copy of the project monitor's report for those projects in

27  which the Auditor General is not the project monitor.

28         Section 17.  Section 282.404, Florida Statutes, 1996

29  Supplement, is amended to read:

30

31


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                                        CS/HB 827, First Engrossed



  1         282.404  Geographic information board; definition;

  2  membership; creation; duties; advisory council; membership;

  3  duties.--

  4         (1)  As used in this section, the term "geographic

  5  information" means information or data for which location or

  6  spatial distribution is an essential element, including, but

  7  not limited to, information pertaining to:

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

  9         (b)  The distribution of plant, animal, and human

10  populations;

11         (c)  Real property interests;

12         (d)  The elements of the growth management

13  comprehensive planning process under ss. 163.3177 and

14  163.3178;

15         (e)  Political, jurisdictional, ownership, and other

16  artificial divisions of geography; and

17         (f)  Measured features listed in paragraphs (a)-(d)

18  herein and geographic features produced pursuant to chapter

19  472.

20         (2)(a)  The Florida Geographic Information Board is

21  created in the Executive Office of the Governor. The purpose

22  of the board is to facilitate the identification,

23  coordination, collection, and sharing of geographic

24  information among federal, state, regional, and local

25  agencies, and the private sector. The board shall develop

26  review and recommend to the Information Resource Commission

27  solutions, policies, and standards to increase the value and

28  usefulness of geographic information concerning Florida. In

29  formulating and developing solutions, policies, and standards,

30  the board shall provide for and consider input from other

31  public agencies, such as the state universities, large and


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                                        CS/HB 827, First Engrossed



  1  small municipalities, urban and rural county governments, and

  2  the private sector.

  3         (b)  The Geographic Information Board may issue

  4  guidelines on recommended best practices, including

  5  recommended policies and standards, for the identification,

  6  coordination, collection, and sharing of geographic

  7  information.

  8         (c)  The Geographic Information Board may contract for,

  9  accept, and make gifts, grants, loans, or other aid from and

10  to any other governmental entity and to any person. Members

11  may contribute, and the board may receive and expend, funds

12  for board initiatives.

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

14  Budgeting within the Executive Office of the Governor, the

15  executive director of the Game and Fresh Water Fish

16  Commission, the executive director of the Department of

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

18  177.503, or their designees, and the heads of the following

19  agencies, or their designees: the Department of Agriculture

20  and Consumer Services, the Department of Community Affairs,

21  the Department of Environmental Protection, the Department of

22  Transportation, and the Board of Professional Surveyors and

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

24  each to represent the counties, municipalities, regional

25  planning councils, water management districts, and county

26  property appraisers. The Governor shall initially appoint two

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

28  4-year terms. Thereafter, the terms of all appointed members

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

30  be appointed to successive terms and incumbent members may

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


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                                        CS/HB 827, First Engrossed



  1  The executive director of the Information Resource Commission,

  2  or the executive director's designee, and the chair of the

  3  Geographic Information Advisory Council shall serve without

  4  voting rights as an ex officio member members on the board.

  5         (4)  The Director of Planning and Budgeting of the

  6  Executive Office of the Governor, or his or her designee,

  7  shall serve as the chair of the board. A majority of the

  8  membership of the board constitutes a quorum for the conduct

  9  of business. The board shall meet at least twice each year,

10  and the chair may call a meeting of the board as often as

11  necessary to transact business. Administrative and clerical

12  support to the board shall be provided by the Department of

13  Management Services Information Resource Commission.

14         (5)  The board shall:

15         (a)  Promote the sharing of geographic information

16  between the public sector and the private sector;

17         (b)  Conduct a periodic assessment of geographic

18  information and geographic information systems in this state

19  to identify geographic information management activities and

20  available resources in this state;

21         (c)  Reduce redundancy of data acquisition by promoting

22  the coordination of geographic data collection;

23         (d)  Promote consistency of data elements by

24  establishing standard data definitions and formats;

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

26  have broad application to the public and private sectors;

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

28  prescribed and preplanned electronic transmission of

29  geographic information, including, but not limited to,

30  transmissions between a local planning agency, as defined in

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


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                                        CS/HB 827, First Engrossed



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

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

  3  186.022(9).  Copies of the plan shall be transmitted

  4  electronically or in writing to the Executive Office of the

  5  Governor, the Speaker of the House of Representatives, the

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

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

  8  Develop and submit to the Information Resource Commission a

  9  strategic information resources management plan for geographic

10  information no later than May 1 of each even-numbered year,

11  except that the first plan is due May 1, 1997. At a minimum,

12  the plan must address the planning components and procedures

13  described in s. 282.307;

14         (h)  Promote the use and coordination of geographic

15  information from sources such as universities, government

16  organizations, nonprofit organizations, and the private

17  sector;

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

19  directory in which geographic information is cataloged;

20         (j)  Serve as liaison between this state and the

21  Federal Government to promote the sharing of geographic

22  information;

23         (k)  Establish technical advisory committees to assist

24  the board; and

25         (l)  Promote regional coordination of geographic

26  information.

27         (6)  The Florida Geographic Information Advisory

28  Council is created in the Executive Office of the Governor to

29  provide technical assistance and recommendations to the board.

30         (7)  The Geographic Information Advisory Council

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


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                                        CS/HB 827, First Engrossed



  1  Budgeting within the Executive Office of the Governor, the

  2  Game and Fresh Water Fish Commission, the Department of

  3  Revenue, the Information Resource Commission, the Department

  4  of Agriculture and Consumer Services, the Department of

  5  Community Affairs, the Department of Environmental Protection,

  6  the Department of Transportation, the State Cadastral

  7  Surveyor, the State Geologist, the Board of Professional

  8  Surveyors and Mappers, counties, municipalities, regional

  9  planning councils, water management districts, and property

10  appraisers, as appointed by the corresponding member of the

11  board. The Governor shall appoint to the council one member

12  each, as recommended by the respective organization, to

13  represent the Department of Commerce, the Department of

14  Children and Family Services, the Department of Health and

15  Rehabilitative Services, the Florida Survey and Mapping

16  Society, Florida Region of the American Society of

17  Photogrammetry and Remote Sensing, Florida Association of

18  Cadastral Mappers, The Florida Association of Professional

19  Geologists, Florida Engineering Society, Florida Chapter of

20  the Urban and Regional Information Systems Association, the

21  forestry industry, the State University System survey and

22  mapping academic research programs, and State University

23  System geographic information systems academic research

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

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

26  These persons must have technical expertise in geographic

27  information issues. The Governor shall initially appoint six

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

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

30  4 years and must be staggered. Members may be appointed to

31  successive terms and incumbent members may continue to serve


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                                        CS/HB 827, First Engrossed



  1  the council until a successor is appointed. Representatives of

  2  the Federal Government may serve without voting rights as ex

  3  officio members without voting rights.

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

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

  6  advisory council biennially. The council shall meet at least

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

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

  9  Administrative and clerical support shall be provided by the

10  Department of Management Services Information Resource

11  Commission.

12         (9)  The advisory council shall:

13         (a)  Develop operational procedures for the conduct of

14  business;

15         (b)  Make recommendations to the geographic information

16  board for policies, procedures, standards, and technical

17  solutions pertaining to the planning, coordination, sharing,

18  consistency, development, and maintenance of geographic

19  information;

20         (c)  Develop solutions that promote coordinated and

21  cost-effective statewide financing of geographic information;

22         (d)  Make recommendations for the reduction of

23  unnecessary duplication of geographic information efforts

24  among various state, federal, regional, and local agencies and

25  the private sector;

26         (e)  Seek information from the geographic information

27  and mapping community in formulating priorities for the

28  federal and state mapping and geographic information programs

29  and activities; and

30         (f)  Inform mapping and geographic information users in

31  the state of programs, available materials and information,


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                                        CS/HB 827, First Engrossed



  1  and standards and solutions pertaining to mapping and

  2  geographic information.

  3         (10)  If any specified state agency fails to comply

  4  with this section without good cause, the Executive Office of

  5  the Governor may withhold releases of appropriations of those

  6  portions of the agency's operating budget that pertain to the

  7  collection and analysis of geographic information.

  8         (11)  Local governments are encouraged to participate

  9  within their abilities and resources in order to facilitate

10  implementation of this section.

11         Section 18.  Section 287.0735, Florida Statutes,

12  sections 282.004 and 282.312, Florida Statutes, as amended by

13  chapter 94-340, Laws of Florida, section 282.304, Florida

14  Statutes, as amended by chapters 94-226 and 94-340, Laws of

15  Florida, section 282.307, Florida Statutes, as amended by

16  chapters 94-226, 94-340, and 95-296, Laws of Florida, section

17  282.308, Florida Statutes, as amended by chapters 94-226,

18  94-340, 95-148, 95-243, and 95-392, Laws of Florida,

19  subsections (5), (6), (7) and (8) of section 287.073, Florida

20  Statutes, as amended by chapters 94-226, 94-340, and 95-148,

21  Laws of Florida, section 282.309, Florida Statutes, as amended

22  by chapters 95-148 and 96-388, Laws of Florida, sections

23  216.0445 and 282.311, Florida Statutes, as amended by chapters

24  94-226, 94-340, and 96-388, Laws of Florida, section 282.305,

25  Florida Statutes, as amended by chapters 94-226, 94-340, and

26  96-390, Laws of Florida, section 282.3062, Florida Statutes,

27  as amended by chapters 94-340, 96-388, and 96-390, Laws of

28  Florida, and sections 282.3061 and 282.314, Florida Statutes,

29  as amended by chapters 94-226, 94-340, 96-388, and 96-390,

30  Laws of Florida, are repealed.

31


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                                        CS/HB 827, First Engrossed



  1         Section 19.  Effective upon this act becoming a law,

  2  section 215.90, Florida Statutes, is amended to read:

  3         215.90  Short title.--Sections 215.90-215.96 This act

  4  shall be known and may be cited as the "Florida Financial

  5  Fiscal Accounting Management Information System Act."

  6         Section 20.  Effective upon this act becoming a law,

  7  section 215.91, Florida Statutes, is amended to read:

  8         215.91  Legislative intent.--

  9         (1)  It is the intent of the Legislature that for the

10  executive branch of government, in consultation with the

11  legislative fiscal appropriations committees, to specifically

12  design and implement the Florida Financial Management

13  Information System to be the primary means by which state

14  government managers acquire and disseminate the information

15  needed to plan and account for the delivery of services to the

16  citizens in a timely, efficient, and effective manner.

17         (2)  The Florida Financial Management Information

18  System shall be a unified information system providing fiscal,

19  management, and accounting support for state decisionmakers.

20  It shall provide a means of coordinating fiscal management

21  information and information that supports state planning,

22  policy development, management, evaluation, and performance

23  monitoring.  The Florida Financial Management Information

24  System shall be the primary information resource that provides

25  accountability for public funds, resources, and activities.

26         (3)  The Financial Management Information Board shall

27  provide the overall framework within which the Florida

28  Financial Management Information System will operate.  The

29  board, through the Florida Financial Management Information

30  System Coordinating Council, shall adopt policies and

31  procedures to:


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                                        CS/HB 827, First Engrossed



  1         (a)  Strengthen and standardize the fiscal management

  2  and accounting practices of the state;

  3         (b)  Improve internal financial controls;

  4         (c)  Simplify the preparation of objective, accurate,

  5  and timely management and fiscal reports; and

  6         (d)  Provide the information needed in the development,

  7  management, and evaluation of public policy and programs.

  8         (4)  The council shall provide ongoing counsel to the

  9  board and act to resolve problems among or between the

10  functional owner subsystems.  The board, through the

11  coordinating council, shall direct and manage the development,

12  implementation, and operation of the information subsystems

13  that together are the Florida Financial Management Information

14  System.  The coordinating council shall approve the

15  information subsystems' designs prior to the development,

16  implementation, and operation of the subsystems and shall

17  approve subsequent proposed design modifications to the

18  information subsystems subject to the guidelines issued by the

19  council.  The coordinating council shall ensure that the

20  information subsystems' operations support the exchange of

21  unified and coordinated data between information subsystems.

22  The coordinating council shall establish the common data codes

23  for financial management and it shall require and ensure the

24  use of common data codes by the information subsystems that

25  together constitute the Florida Financial Management

26  Information System.  The Comptroller shall adopt a chart of

27  accounts consistent with the common financial management data

28  codes established by the coordinating council.  The board,

29  through the coordinating council, shall establish the

30  financial management policies and procedures for the executive

31  branch of state government.  The coordinating council shall


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                                        CS/HB 827, First Engrossed



  1  notify in writing the chairs of the legislative fiscal

  2  committees and the Chief Justice of the Supreme Court

  3  regarding the adoption of, or modification to, a proposed

  4  financial management policy or procedure.  The notice shall

  5  solicit comments from the chairs of the legislative fiscal

  6  committees and the Chief Justice of the Supreme Court at least

  7  14 consecutive days before the final action by the

  8  coordinating council.

  9         (5)  The Florida Financial Management Information

10  System and its functional owner information subsystems shall

11  be compatible with the legislative appropriations system and

12  they shall be designed to support the legislative oversight

13  function.  The Florida Financial Management Information System

14  and its functional owner information subsystems shall be

15  unified with the legislative information systems that support

16  the legislative appropriations and legislative oversight

17  functions.  The Florida Financial Management Information

18  System and its functional owner information subsystems shall

19  exchange information with the legislative information systems

20  that support the legislative appropriations and legislative

21  oversight functions without conversion or modification.  Any

22  information maintained by the Florida Financial Management

23  Information System and its functional owner information

24  subsystems shall be available, upon request, to the

25  information systems of the legislative branch.

26         (6)  The Florida Financial Management Information

27  System and its functional owner information subsystems shall

28  be designed to incorporate the flexibility needed to respond

29  to the dynamic demands of state government in a cost-conscious

30  manner.  The Florida Financial Management Information System

31  shall include applications that will support an information


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                                        CS/HB 827, First Engrossed



  1  retrieval system that will allow the user to ask general

  2  questions and receive accurate answers that include

  3  assessments concerning the qualifications of the data.

  4         (7)  The Florida Financial Management Information

  5  System and each of its functional owner information subsystems

  6  shall strive to employ a common set of operations that make

  7  the system accessible to agency program managers and statewide

  8  decisionmakers.  Data shall be easily transferred from the

  9  functional owner information subsystems to Florida Financial

10  Management Information System applications and also among the

11  functional owner information subsystems.  The functional owner

12  information subsystems shall identify shared data-gathering

13  needs in order to minimize the duplications of source-entry

14  input.  The coordinating council shall ensure that all

15  organizations within the executive branch of state government

16  have access to and use the Florida Financial Management

17  Information System for the collection, processing, and

18  reporting of financial management data required for the

19  efficient and effective operation of state government.

20         (8)  The Florida Financial Management Information

21  System, through its functional owner subsystems, shall include

22  a data-gathering and data-distribution facility that will

23  support a management and decisionmaking information system

24  that collects and stores agency and statewide financial,

25  administrative, planning, and program information to assist

26  agency program managers and statewide decisionmakers in

27  carrying out their responsibilities a management information

28  system utilizing a unified approach.  The system is to

29  strengthen and standardize management and accounting

30  procedures; strengthen internal controls; enable the

31  preparation of objective, accurate, and timely fiscal reports;


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                                        CS/HB 827, First Engrossed



  1  report on the stewardship of officials who are responsible for

  2  public funds and property; and provide timely and accurate

  3  information for decisionmaking purposes.

  4         Section 21.  Effective upon this act becoming a law,

  5  section 215.92, Florida Statutes, is amended to read:

  6         215.92  Definitions.--For the purposes of ss.

  7  215.90-215.96 this act:

  8         (1)  "Auditable" means the presence of features and

  9  characteristics that are needed to verify the proper

10  functioning of controls in any given information subsystem.

11         (2)  "Board" means the Financial Management Fiscal

12  Accounting Information Board.

13         (3)  "Coordinating council" or "council" means the

14  Florida Financial Management Information System Coordinating

15  Council.

16         (4)(3)  "Data or data code" means representation of

17  facts, concepts, or instructions in a formalized manner

18  suitable for communication, interpretation, or processing by

19  humans or by automatic means.  The term includes any

20  representations such as characters or analog quantities to

21  which meaning is, or might be, assigned. a set of symbols

22  which are used to represent various data items for data

23  elements on a one-for-one basis.

24         (4)  "Data record" means information which is processed

25  or stored, or is to be processed, by a computer system, which

26  may exist in any form, whether it be computer printouts,

27  magnetic storage media, or internal storage in the memory of

28  the computer.

29         (5)  "Design and coordination staff" means the

30  personnel responsible for providing administrative and

31  clerical support to the board, coordinating council, and


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                                        CS/HB 827, First Engrossed



  1  secretary to the board.  The design and coordination staff

  2  shall function as the agency clerk for the board and the

  3  coordinating council.  For administrative purposes, the design

  4  and coordination staff are assigned to the Department of

  5  Banking and Finance but they are functionally assigned to the

  6  board.

  7         (6)(5)  "Functional owner" means the agency, or that

  8  part of the judicial branch, which has the legal

  9  responsibility to design, implement, and operate an

10  information subsystem as provided by ss. 215.90-215.96 this

11  act.

12         (7)(6)  "Functional system specifications" means the

13  detailed written description of an information subsystem.

14  These specifications are prepared by the functional owner of

15  the system; describe, in the functional owner's language, what

16  an information subsystem is required to do; and describe the

17  features, characteristics, controls, and internal control

18  measures to be incorporated into the information subsystem.

19  Such specifications are the basis for the preparation of the

20  technical system specifications by the functional owner.

21         (8)(7)  "Information system" means a group of

22  interrelated information subsystems.

23         (9)(8)  "Information subsystem" means the entire

24  collection of procedures, equipment, and people devoted to the

25  generation, collection, evaluation, storage, retrieval, and

26  dissemination of data and information within an organization

27  or functional area in order to promote the flow of information

28  from source to user.

29         (9)  "Overall costs" with respect to an electronic data

30  processing system means the cost of designing, implementing,

31  and operating such system and includes, but is not limited to,


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                                        CS/HB 827, First Engrossed



  1  the cost of purchase, rental, maintenance, site preparation

  2  and installation, programming, employment and training of

  3  personnel, conversion, and communication lines.

  4         Section 22.  Effective upon this act becoming a law,

  5  section 215.93, Florida Statutes, is amended to read:

  6         215.93  Florida Financial Fiscal Accounting Management

  7  Information System.--

  8         (1)  To provide the information necessary to carry out

  9  the intent of the Legislature, there shall be a Florida

10  Financial Fiscal Accounting Management Information System.

11  The Florida Financial Fiscal Accounting Management Information

12  System shall be fully implemented and shall be upgraded as

13  necessary to ensure the efficient operation of an integrated

14  financial management information system and to provide

15  necessary information for the effective operation of state

16  government.  Upon the recommendation of the coordinating

17  council and approval of the board, the Florida Financial

18  Management Information System may require data from any state

19  agency information system or information subsystem or may

20  request data from any judicial branch information system or

21  information subsystem that the coordinating council and board

22  have determined to have statewide financial management

23  significance.  Each functional owner information subsystem

24  within the Florida Financial Management Information System

25  shall be developed in such a fashion as to allow for timely,

26  positive, preplanned, and prescribed data transfers between

27  the Florida Financial Management Information System functional

28  owner information subsystems and from other information

29  systems.  The principal unit of the system shall be the

30  functional owner information subsystem, and the system shall

31


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                                        CS/HB 827, First Engrossed



  1  originally include, but shall not be limited to, the

  2  following:

  3         (a)  Revenue and Regulations Subsystem.

  4         (a)(b)  Planning and Budgeting Subsystem.

  5         (b)(c)  Florida Accounting Information Resource State

  6  Automated Management Accounting Subsystem.

  7         (c)(d)  Cash Management Banking and Collateral

  8  Securities Subsystem.

  9         (d)(e)  Management Services and Purchasing Subsystem.

10         (e)(f)  Cooperative Personnel Employment State

11  Personnel Payroll Information Subsystem.

12         (g)  Investment and Debt Control Subsystem.

13         (2)  Each information subsystem shall have a functional

14  owner, who may establish additional functions components for

15  the subsystem unless specifically prohibited by ss.

16  215.90-215.96 this act.  However, without the express approval

17  of the board upon recommendation of the coordinating council,

18  no functional owner nor any other agency shall have the

19  authority to establish or maintain additional subsystems which

20  duplicate any of the information subsystems of the Florida

21  Financial Fiscal Accounting Management Information System.

22  Each functional owner shall solicit input and responses from

23  agencies utilizing the information subsystem.  Each functional

24  owner may contract with the other functional owners for

25  assistance in the design, development, and implementation of

26  their information systems and subsystems.  Each functional

27  owner shall include in its information subsystem functional

28  specifications the data requirements and standards of the

29  Florida Financial Management Information System as approved by

30  the board.  Each functional owner shall establish design teams

31  that shall plan and coordinate the design and implementation


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                                        CS/HB 827, First Engrossed



  1  of its subsystem within the framework established by the

  2  board.  The design teams shall assist the design and

  3  coordination staff in carrying out the duties assigned by the

  4  board or the coordinating council.  The coordinating council

  5  shall review and approve the work plans for these projects.

  6         (3)  The Florida Financial Fiscal Accounting Management

  7  Information System shall include financial management data and

  8  utilize identical data codes and the chart of accounts

  9  approved by the Comptroller used by the State Automated

10  Management Accounting Subsystem.  Common financial management

11  data shall include, but not be limited to, data codes, titles,

12  and definitions used by one or more of the functional owner

13  subsystems.  The Florida Financial Management Information

14  System shall utilize common financial management data codes.

15  The council shall recommend and the board shall adopt policies

16  regarding the approval and publication of the financial

17  management data.  The Comptroller shall adopt policies

18  regarding the approval and publication of the chart of

19  accounts.  The Comptroller's chart of accounts shall be

20  consistent with the common financial management data codes

21  established by the coordinating council.  Further, all systems

22  not a part of the Florida Financial Fiscal Accounting

23  Management Information System which provide information to the

24  system shall use the common identical data codes from and the

25  Florida Financial Management Information System and the

26  Comptroller's chart of accounts of the State Automated

27  Management Accounting Subsystem. Data codes that which cannot

28  be supplied by the Florida Financial Management Information

29  System and the Comptroller's chart of accounts State Automated

30  Management Accounting System and that which are required for

31  use by the information subsystems shall be approved by the


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                                        CS/HB 827, First Engrossed



  1  board upon recommendation of the coordinating council.

  2  However, board approval shall not be required for those data

  3  codes specified by the Auditor General under the provisions of

  4  s. 215.94(6)(8)(c).

  5         (4)  The Florida Financial Fiscal Accounting Management

  6  Information System shall be designed, installed, and operated

  7  in a fashion compatible with the legislative appropriations

  8  system, so as to provide timely data for producing financial

  9  statements for the state in accordance with generally accepted

10  accounting principles.

11         (5)  Functional owners are legally responsible for the

12  security and integrity validity of all data records existing

13  within or transferred from their information subsystems.  Each

14  agency and the judicial branch shall be responsible for the

15  accuracy of the information entered into the Florida Financial

16  Management Information System.

17         Section 23.  Effective upon this act becoming a law,

18  section 215.94, Florida Statutes, is amended to read:

19         215.94  Designation, duties, and responsibilities of

20  functional owners.--

21         (1)  The Department of Revenue shall be the functional

22  owner of the Revenue and Regulation Subsystem.  The department

23  shall design, implement, and operate the subsystem in

24  accordance with the provisions of this act.  The subsystem

25  shall include, but shall not be limited to, components for:

26         (a)  Collecting detailed information regarding all

27  revenues received by the state.

28         (b)  Compiling and reporting statistical data for the

29  estimation or projection of agency and judicial branch revenue

30  sources in future periods.

31


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                                        CS/HB 827, First Engrossed



  1         (1)(2)  The Executive Office of the Governor shall be

  2  the functional owner of the Planning and Budgeting Subsystem,

  3  which shall be designed, implemented, and operated in

  4  accordance with the provisions of ss. 215.90-215.96 this act

  5  and chapter 216.  The Planning and Budgeting Subsystem shall

  6  include, but shall not be limited to, functions components

  7  for:

  8         (a)  Development and preparation of agency and judicial

  9  branch budget requests.

10         (b)  Analysis and evaluation of agency and judicial

11  branch budget requests and alternatives.

12         (c)  Cash forecasting.

13         (d)  Revenue and expenditure projections.

14         (c)(e)  Controlling and tracking the allocation of

15  appropriations, approved budget, and releases.

16         (d)(f)  Performance-based program budgeting compliance

17  evaluations, as provided in the legislative budget

18  instructions pursuant to s. 216.023(3).  Budgetary performance

19  and compliance valuations.

20         (2)(3)  The Department of Banking and Finance shall be

21  the functional owner of the Florida Accounting Information

22  Resource State Automated Management Accounting Subsystem

23  established pursuant to ss. 11.46, 17.03, and 216.141, and

24  216.151 and further developed in accordance with the

25  provisions of ss. 215.90-215.96 this act.  The subsystem shall

26  include, but shall not be limited to, the following functions

27  components:

28         (a)  Departmental, agency, or judicial branch

29  Accounting and reporting so as to provide timely data for

30  producing financial statements for the state in accordance

31  with generally accepted accounting principles.


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                                        CS/HB 827, First Engrossed



  1         (b)  Auditing and settling claims against the state

  2  Cost accounting.

  3         (c)  Production control.

  4         (d)  State or central accounting and reporting.

  5         (e)  Warrant preparation.

  6         (3)(4)  The Treasurer shall be the functional owner of

  7  the Cash Management Banking and Collateral Securities

  8  Subsystem.  The Treasurer shall design, implement, and operate

  9  the subsystem in accordance with the provisions of ss.

10  215.90-215.96 this act.  The subsystem shall include, but

11  shall not be limited to, functions components for:

12         (a)  Recording and reconciling credits and debits to

13  treasury fund accounts.

14         (b)  Monitoring cash levels and activities in state

15  bank accounts.

16         (c)  Monitoring short-term investments of idle cash.

17         (d)  Administering the provisions of the Federal Cash

18  Management Improvement Act of 1990  Recording and monitoring

19  securities pledged to and administered by the office of the

20  Treasurer.

21         (4)(5)  The Department of Management Services shall be

22  the functional owner of the Management Services and Purchasing

23  Subsystem.  The department shall design, implement, and

24  operate the subsystem in accordance with the provisions of ss.

25  215.90-215.96 this act.  The subsystem shall include, but

26  shall not be limited to, functions components for:

27         (a)  commodity and service procurement, inventory

28  control, and warehousing.

29         (b)  Facilities management and utilization.

30         (c)  Construction bidding and monitoring.

31


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                                        CS/HB 827, First Engrossed



  1         (d)  Controlling and operating centralized equipment

  2  pools.

  3         (5)(6)  The Department of Management Services shall be

  4  the functional owner of the Cooperative State Personnel

  5  Employment Payroll Information Subsystem.  The department

  6  shall design, implement, and operate the subsystem in

  7  accordance with the provisions of s. 110.116 and ss.

  8  215.90-215.96 this act.  The subsystem shall include, but

  9  shall not be limited to, functions components for:

10         (a)  Maintenance of employee and position data,

11  including funding sources and percentages and salary lapse.

12  The employee data shall include, but not be limited to,

13  information to meet the payroll system requirements of the

14  Department of Banking and Finance and to meet the employee

15  benefit system requirements of the Division of State Employees

16  Insurance in the Department of Management Services.

17         (b)  Recruitment and examination.

18         (c)  Time reporting.

19         (d)  Collective bargaining Retirement contributions and

20  certification.

21         (7)  The State Board of Administration shall be the

22  functional owner of the Investment and Debt Control Subsystem.

23  The State Board of Administration shall design, implement, and

24  operate the subsystem in accordance with the provisions of

25  this act.  The subsystem shall include, but shall not be

26  limited to, components for:

27         (a)  Recording purchases and liquidations of the

28  investments administered by the State Board of Administration.

29         (b)  Monitoring and evaluating the yield or return on

30  state investments.

31


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                                        CS/HB 827, First Engrossed



  1         (c)  Recording the sale of, the payment of interest on,

  2  and the redemption of state-supported bond issues.

  3         (d)  Monitoring state-supported bond issues so that the

  4  contractual and legal requirements relative to the bond issues

  5  are met.

  6         (6)(8)(a)  The Auditor General shall be advised by the

  7  functional owner of each information subsystem as to the date

  8  that the development or significant modification of its

  9  functional system specifications is to begin.

10         (b)  Upon such notification, the Auditor General shall

11  participate with each functional owner to the extent necessary

12  to provide assurance that:

13         1.  The accounting information produced by the

14  information subsystem adheres to generally accepted accounting

15  principles.

16         2.  The information subsystem contains the necessary

17  controls to maintain its integrity, within acceptable limits

18  and at an acceptable cost.

19         3.  The information subsystem is auditable.

20         (c)  The Auditor General shall specify those additional

21  features, characteristics, controls, and internal control

22  measures deemed necessary to carry out the provisions of this

23  subsection. Further, it shall be the responsibility of each

24  functional owner to install and incorporate such specified

25  features, characteristics, controls, and internal control

26  measures within each information subsystem.

27         (7)  The Auditor General shall provide to the board and

28  the coordinating council the findings and recommendations of

29  any audit regarding the provisions of ss. 215.90-215.96.

30         Section 24.  Effective upon this act becoming a law,

31  section 215.95, Florida Statutes, is amended to read:


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                                        CS/HB 827, First Engrossed



  1         215.95  Financial Management Fiscal Accounting

  2  Information Board.--

  3         (1)  There is created, as part of the Administration

  4  Commission, the Financial Management Fiscal Accounting

  5  Information Board.  The board shall be composed of the

  6  Governor, the Comptroller, and the Treasurer.  The Governor

  7  shall be chair of the board.  The Governor or the Comptroller

  8  may call a meeting of the board at any time the need arises.

  9         (2)  To carry out its duties and responsibilities, the

10  board shall by majority vote:

11         (a)  Adopt such rules, policies, procedures,

12  principles, and standards as deemed necessary to implement the

13  Florida Financial Fiscal Accounting Management Information

14  System.

15         (b)  Oversee the actions of the coordinating council

16  and issue orders to executive branch agencies to enforce

17  implementation of and compliance with provisions relating to

18  the Florida Financial Fiscal Accounting Management Information

19  System.

20         (c)  Manage and oversee the development of the Florida

21  Financial Management Information System in such a fashion

22  including, but not limited to, ensuring as to ensure

23  compatibility and integration with the Legislative

24  Appropriations System.

25         (d)  By March 1 of each year, approve a strategic plan

26  pursuant to the requirements set forth in s. 186.022(9).

27  Submit to the Joint Legislative Auditing Committee an annual

28  report containing, but not limited to, the following:

29         1.  Current status of all information subsystems.

30         2.  Detailed plans related to all information

31  subsystems provided for in s. 215.96(3)(a).


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                                        CS/HB 827, First Engrossed



  1         Section 25.  Effective upon this act becoming a law,

  2  section 215.96, Florida Statutes, is amended to read:

  3         215.96  Coordinating council and design and

  4  coordination staff.--

  5         (1)  The Comptroller, as chief fiscal officer of the

  6  state, shall establish a coordinating council to function on a

  7  continuing basis.  The coordinating council shall review and

  8  recommend to the board solutions and policy alternatives to

  9  ensure coordination between functional owners of the various

10  information subsystems described in ss. 215.90-215.96 this act

11  to the extent necessary to unify all the subsystems into a

12  financial fiscal accounting management information system.

13         (2)  The coordinating council shall consist of the

14  Comptroller; the Treasurer; the secretary of the Department of

15  Management Services; and the Director of Planning and

16  Budgeting, Executive Office of the Governor; the executive

17  director of the Department of Revenue; and the executive

18  director of the State Board of Administration, or their

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

20  chair of the coordinating council and the design and

21  coordination staff shall provide administrative and clerical

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

23  coordination staff Comptroller shall maintain the minutes of

24  each meeting and shall make such minutes available to any

25  interested person. The Auditor General, the State Courts

26  Administrator, an executive officer of the Florida Association

27  of State Administrative Services Directors, and an executive

28  officer of the Florida Association of State Budget Officers,

29  and the executive director of the Information Resource

30  Commission, or their designees, shall serve without voting

31  rights as ex officio members on the coordinating council. The


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                                        CS/HB 827, First Engrossed



  1  chair may call meetings of the coordinating council as often

  2  as necessary to transact business; however, the coordinating

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

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

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

  6  the affirmative for approval of items that are to be

  7  recommended for approval to the Financial Management

  8  Information Board.

  9         (3)  The coordinating council, assisted by the design

10  and coordination staff, shall have the following duties,

11  powers, and responsibilities pertaining to the Florida

12  Financial Fiscal Accounting Management Information System:

13         (a)  To conduct such studies and to establish

14  committees, workgroups, and teams to develop recommendations

15  for rules, policies, procedures, principles, and standards to

16  the board as necessary to assist the board in its efforts

17  establish an information resources management plan to design,

18  implement, and perpetuate a financial fiscal accounting

19  management information system, including, but not limited to,

20  the establishment of common data codes, the development of

21  integrated financial management policies that address the

22  information and management needs of the functional owner

23  subsystems, and the development of a strategic plan pursuant

24  to the requirements set forth in s. 186.022(9).  At a minimum,

25  the plan shall address the planning components described in s.

26  282.307(1). The plan shall be established and approved by the

27  board no later than March 1 of each even-numbered year.  The

28  coordinating council shall make available forward a copy of

29  the approved plan in writing or through electronic means to

30  each of the coordinating council members the Information

31  Resource Commission, the Executive Office of the Governor, the


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                                        CS/HB 827, First Engrossed



  1  fiscal appropriations committees of the Legislature, the Joint

  2  Legislative Information Technology Resources Committee, and

  3  any interested person each department as defined in s.

  4  282.303.

  5         (b)  To recommend to the board solutions, and policy

  6  alternatives, and legislative budget request issues that will

  7  ensure a framework for the timely, positive, preplanned, and

  8  prescribed data transfer between information subsystems and to

  9  recommend to the board solutions, policy alternatives, and

10  legislative budget request issues that ensure the availability

11  of data and information that support state planning, policy

12  development, management, evaluation, and performance

13  monitoring.

14         (c)  To report to the board all actions taken by the

15  coordinating council for final action.

16         (d)  To review the annual work plans of the functional

17  owner information subsystems by October 1 of each year.  The

18  review shall be conducted to assess the status of the Florida

19  Financial Management Information System and the functional

20  owner subsystems in regard to the provisions of s. 215.91.

21  The coordinating council, as part of the review process, may

22  make recommendations for modifications to the functional owner

23  information subsystems annual work plans.

24         Section 26.  Effective upon this act becoming a law,

25  section 216.141, Florida Statutes, is amended to read:

26         216.141  Budget system procedures; planning and

27  programming by state agencies.--

28         (1)  The Executive Office of the Governor, in

29  consultation with the appropriations committees of the Senate

30  and House of Representatives and the Auditor General, and by

31  utilizing the Florida Financial Management Information System


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                                        CS/HB 827, First Engrossed



  1  management data and the Comptroller's chart of accounts coding

  2  system of the State Automated Management Accounting Subsystem,

  3  shall prescribe a planning and budgeting system, pursuant to

  4  s. 215.94(1)(2), to provide for continuous planning and

  5  programming and for effective management practices for the

  6  efficient operations of all state agencies and the judicial

  7  branch. However, the planning and budgeting system shall be

  8  limited to the processing of information related to ss.

  9  216.023, 216.0235, 216.031, 216.043, 216.102, 216.111,

10  216.121, 216.181, 216.182, and 216.192 and those applications

11  relating to part I of chapter 23 and part I of chapter 252

12  which are funded by the Legislature.  The Executive Office of

13  the Governor may contract with the Legislature to develop the

14  planning and budgeting system and to provide services to the

15  Legislature for the support and use of the legislative

16  appropriations system.  The contract shall include the

17  policies and procedures for combining the legislative

18  appropriations system with the planning and budgeting

19  information system established pursuant to s. 215.94(1).  At a

20  minimum, the contract shall require the use of common data

21  codes.  The combined legislative appropriations and planning

22  and budgeting information subsystem shall support the

23  legislative appropriations and legislative oversight functions

24  without data code conversion or modification.

25         (2)  The Florida Management Information Board

26  Comptroller shall notify the Auditor General of any changes or

27  modifications to the Florida Financial Management Information

28  System and its functional owner information subsystems  State

29  Automated Management Accounting Subsystem.

30         (3)  The Comptroller, as chief fiscal officer, shall

31  use the Florida Accounting Information Resource Subsystem


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                                        CS/HB 827, First Engrossed



  1  developed pursuant to s. 215.94(2) for account purposes in the

  2  performance of and accounting for all of his or her

  3  constitutional and statutory duties and responsibilities.

  4  However, state agencies and the judicial branch continue to be

  5  responsible for maintaining accounting records necessary for

  6  effective management of their programs and functions.

  7         Section 27.  Health Information Systems Council;

  8  legislative intent; creation, appointment, duties.--

  9         (1)  The Legislature finds that it is in the state's

10  interest to create a council consisting of executive-level

11  managers for the state's health-related entities, to

12  facilitate the sharing and coordination of health-related

13  data.

14         (2)  There is created a Health Information Systems

15  Council in the Department of Health to facilitate the

16  identification, collection, standardization, sharing, and

17  coordination of health-related data, including fraud and abuse

18  data, and professional and facility licensing data among

19  federal, state, local, and private entities.  The Department

20  of Health shall provide administrative support to the council.

21         (3)  The council shall be composed of the following

22  members or their senior executive-level designees:

23         (a)  The secretary of the Department of Health;

24         (b)  The secretary of the Department of Business and

25  Professional Regulation;

26         (c)  The secretary of the Department of Children and

27  Family Services;

28         (d)  The director of the Agency for Health Care

29  Administration;

30         (e)  The secretary of the Department of Corrections;

31         (f)  The Attorney General;


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                                        CS/HB 827, First Engrossed



  1         (g)  The executive director of the Correctional Medical

  2  Authority;

  3         (h)  Two members representing county health

  4  departments, one from a small county and one from a large

  5  county, appointed by the Governor; and

  6         (i)  A representative from the Florida Association of

  7  Counties.

  8

  9  Representatives of the Federal Government may serve without

10  voting rights.

11         (4)  Members of the council who are appointed by the

12  Governor shall serve 2-year terms beginning January 1 through

13  December 31, except that their initial term shall be July 1,

14  1997, through December 31, 1998.  A member may be removed by

15  the Governor for cause or if such member is absent from three

16  consecutive meetings.  Any member appointed to fill a vacancy

17  shall serve for the unexpired term of his or her predecessor.

18         (5)  The council shall annually elect its chair and

19  other officers.  The council shall meet at least quarterly or

20  at the call of its chair, at the request of a majority of its

21  membership, or at the request of a department.  All actions

22  taken by the council shall be based upon approval by a simple

23  majority.

24         (6)  Members of the council shall be reimbursed for per

25  diem and travel expenses as provided in s. 112.061, Florida

26  Statutes.

27         (7)  The council's duties and responsibilities include,

28  but are not limited to, the following:

29         (a)  By March 1 of each year, to develop and approve a

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

31  186.022(9), Florida Statutes.  Copies of the plan shall be


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                                        CS/HB 827, First Engrossed



  1  transmitted electronically or in writing to the Executive

  2  Office of the Governor, the Speaker of the House of

  3  Representatives, and the President of the Senate.

  4         (b)  To develop a mission statement, goals, and plan of

  5  action, based on the guiding principles specified in s.

  6  282.3032, Florida Statutes, for the identification,

  7  collection, standardization, sharing, and coordination of

  8  health-related data across federal, state, and local

  9  government and private-sector entities.

10         (c)  To create ad hoc issue-oriented technical

11  workgroups, on an as-needed basis, to make recommendations to

12  the council.

13         Section 28.  Paragraphs (a) and (b) of subsection (13)

14  of section 20.19, Florida Statutes, 1996 Supplement, are

15  amended to read:

16         20.19  Department of Children and Family

17  Services.--There is created a Department of Children and

18  Family Services.

19         (13)  INFORMATION SYSTEMS.--

20         (a)  The secretary shall appoint a Chief Management

21  Information Officer to serve as the department's information

22  resource manager with the authority for agency development and

23  management information systems maintenance, policies, and

24  procedures as provided for in chapter 282 s. 282.311. The

25  Chief Management Information Officer shall direct and promote

26  information as a strategic asset and facilitate integration of

27  data systems and agency and interagency resource sharing as

28  allowed by applicable statutes. The Chief Management

29  Information Officer serves at the pleasure of the secretary.

30         (b)  The Chief Management Information Officer is

31  directly responsible for the management of the management


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                                        CS/HB 827, First Engrossed



  1  information systems service center that provides primary

  2  information systems support for all entities within the

  3  department and maintains fee-for-service provisions for use by

  4  other agencies. The Chief Management Information Officer shall

  5  negotiate service-level agreements between the management

  6  information systems service center and users and shall

  7  facilitate integrated information systems practices and

  8  procedures throughout the service districts and with local

  9  service providers.

10         Section 29.  Paragraph (c) of subsection (6) of section

11  20.316, Florida Statutes, 1996 Supplement, is amended to read:

12         20.316  Department of Juvenile Justice.--There is

13  created a Department of Juvenile Justice.

14         (6)  INFORMATION SYSTEMS.--

15         (c)  The department shall implement a distributed

16  system architecture which shall be defined in its agency

17  strategic plan pursuant to s. 282.307.

18         Section 30.  Subsection (6) of section 20.41, Florida

19  Statutes, is amended to read:

20         20.41  Department of Elderly Affairs.--There is created

21  a Department of Elderly Affairs.

22         (6)  In accordance with the federal Older Americans Act

23  of 1965, as amended, the department shall designate and

24  contract with area agencies on aging in each of the

25  department's planning and service areas.  Area agencies on

26  aging shall ensure a coordinated and integrated provision of

27  long-term care services to the elderly and shall ensure the

28  provision of prevention and early intervention services.  The

29  department shall have overall responsibility for information

30  system planning.  The department shall ensure, through the

31  development of equipment, software, data, and connectivity


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                                        CS/HB 827, First Engrossed



  1  standards, the ability to share and integrate information

  2  collected and reported by the area agencies in support of

  3  their contracted obligations to the state.  Information system

  4  plans developed in support of the area agencies shall be

  5  included in the department's strategic information resource

  6  management plan, as required by s. 282.307.

  7         Section 31.  Paragraph (b) of subsection (1) of section

  8  112.3145, Florida Statutes, 1996 Supplement, is amended to

  9  read:

10         112.3145  Disclosure of financial interests and clients

11  represented before agencies.--

12         (1)  For purposes of this section, unless the context

13  otherwise requires, the term:

14         (b)  "Specified state employee" means:

15         1.  Public counsel created by chapter 350, an assistant

16  state attorney, an assistant public defender, a full-time

17  state employee who serves as counsel or assistant counsel to

18  any state agency, a judge of compensation claims, an

19  administrative law judge, or a hearing officer.

20         2.  Any person employed in the office of the Governor

21  or in the office of any member of the Cabinet if that person

22  is exempt from the Career Service System, except persons

23  employed in clerical, secretarial, or similar positions.

24         3.  Each appointed secretary, assistant secretary,

25  deputy secretary, executive director, assistant executive

26  director, or deputy executive director of each state

27  department, commission, board, or council; unless otherwise

28  provided, the division director, assistant division director,

29  deputy director, bureau chief, and assistant bureau chief of

30  any state department or division; or any person having the

31  power normally conferred upon such persons, by whatever title.


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  1         4.  The superintendent or institute director of a state

  2  mental health institute established for training and research

  3  in the mental health field or the superintendent or director

  4  of any major state institution or facility established for

  5  corrections, training, treatment, or rehabilitation.

  6         5.  Business managers, purchasing agents having the

  7  power to make any purchase exceeding $1,000, finance and

  8  accounting directors, personnel officers, or grants

  9  coordinators for any state agency.

10         6.  Any voting member of the Information Technology

11  Resource Procurement Advisory Council established in the

12  Department of Management Services by s. 287.073.

13         6.7.  Any person, other than a legislative assistant

14  exempted by the presiding officer of the house by which the

15  legislative assistant is employed, who is employed in the

16  legislative branch of government, except persons employed in

17  maintenance, clerical, secretarial, or similar positions.

18         7.8.  Each employee of the Commission on Ethics.

19         Section 32.  Subsection (8) of section 216.031, Florida

20  Statutes, is amended to read:

21         216.031  Budgets for operational expenditures.--A

22  legislative budget request, reflecting the independent

23  judgment of the head of the state agency, and of the Chief

24  Justice of the Supreme Court, with respect to the needs of the

25  agency and the judicial branch for operational expenditures

26  during the next fiscal year, shall be submitted by each head

27  of a state agency and by the Chief Justice of the Supreme

28  Court and shall contain the following:

29         (8)  An information resources management schedule

30  showing the agency's or judicial branch's total budget request

31  for information resources management.  The schedule shall be


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  1  in the format provided for in the legislative budget

  2  instructions.  The budget request for information resources

  3  management shall identify, if applicable, which parts of the

  4  request are in response to any information resources

  5  management issues included in the legislative budget

  6  instructions pursuant to s. 282.305(1). This subsection is

  7  applicable only to those state agencies which are under the

  8  purview of ss. 282.303-282.313 and to the judicial branch.

  9         Section 33.  Subsections (5), (6), and (10) of section

10  216.235, Florida Statutes, are amended to read:

11         216.235  Innovation Investment Program; definitions;

12  intent; State Innovation Committee; responsibilities;

13  procedures for innovative project submission, review,

14  evaluation, and approval; criteria to be considered.--

15         (5)  Except as otherwise provided in this act,

16  innovative project proposals shall be submitted to the

17  department no later than August 1. The department shall

18  prescribe the format for proposals submitted pursuant to this

19  section. Such proposals shall include, but not be limited to:

20         (a)  The identification of a specific innovative

21  project.

22         (b)  The name of the innovative project administrator.

23         (c)  A cost/benefit analysis.

24         (d)  A plan to be used by the agency in evaluating the

25  outcomes of the innovative project upon implementation.

26         (e)  A summary of how the innovative project produces a

27  cost savings for the agency or improves the quality of the

28  public services delivered by the agency.

29

30  All proposals shall have the approval of the agency head, the

31  agency's budget director, the agency's inspector general or


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  1  internal auditor, and, if the proposal involves information

  2  technology resources, the agency's Chief Information Officer

  3  information resource manager prior to submission to the

  4  department.

  5         (6)  Any agency submitting a proposal for an innovative

  6  project that involves information technology resources shall

  7  submit a draft proposal to the State Innovation Committee or

  8  its designee Information Resource Commission for review and

  9  consultation no later than June 1 and a final proposal no

10  later than July 1. In addition to the requirements of

11  subsection (5), such proposals shall include:

12         (a)  The identification of the specific project, as

13  defined in s. 282.303.

14         (b)  A statement as to the innovative project's

15  consistency with the agency's strategic plan for information

16  resources management.

17         (c)  The business case, which shall include how the

18  funds are to be used, what specific processes will be

19  affected, and how savings for improved efficiency of

20  operations are to be achieved.

21         (d)  A planning and analysis methodology that provides

22  a high level of confidence in successful implementation.

23         (e)  If applicable, a description of the

24  transferability of the technology to other agencies.

25

26  Based on the components required by this subsection to be

27  included in innovative project proposals, the State Innovation

28  Committee or its designee Information Resource Commission

29  shall evaluate the innovative project's technical feasibility

30  and shall make recommendations to the review board. Proposals

31  that involve the innovative application of information


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                                        CS/HB 827, First Engrossed



  1  technology resources that have a transferable benefit to other

  2  agencies shall receive greater consideration by the committee

  3  or its designee Information Resource Commission than those

  4  applications that do not have a transferable benefit.

  5         (10)  The department shall monitor and evaluate the

  6  implementation of innovative projects to determine if the

  7  anticipated results were achieved. For innovative projects

  8  involving information technology resources, the agency's Chief

  9  Information Officer Information Resource Commission shall

10  assist the department in monitoring and evaluating the

11  implementation of the innovative project, and determining

12  whether the anticipated results were achieved.

13         Section 34.  Section 216.236, Florida Statutes, is

14  amended to read:

15         216.236  Innovation Investment Program; funding;

16  recordkeeping and reporting.--The amount of $1 million of any

17  funds appropriated from the General Revenue Fund for the

18  purpose of funding the Innovation Investment Program shall be

19  available on a payback basis. Innovative project proposals

20  funded on a payback basis shall include the requirements of s.

21  216.235(5) and, if applicable, s. 216.235(6), and shall be

22  submitted to the department no later than May 15. The State

23  Innovation Committee or its designee Agencies submitting an

24  innovative project proposal involving information technology

25  resources shall not be required to submit a draft proposal to

26  the Information Resource Commission; however, the Information

27  Resource Commission shall review and evaluate such proposal as

28  to its technical feasibility. Funds for the innovative project

29  shall be available to the agency on July 1. Any of such funds

30  which are not awarded by July 1 shall be used for funding

31  innovative projects submitted for funding pursuant to section


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                                        CS/HB 827, First Engrossed



  1  3. Loans made under this section shall be repaid, without

  2  interest, from savings realized by the agency as a result of

  3  implementing the innovative project by no later than July 30

  4  of the following fiscal year in which the funds were received

  5  by the agency. Any agency awarded funds pursuant to this

  6  section shall maintain detailed accounting records showing all

  7  expenses, loan transfers, savings, or other financial actions

  8  concerning the project. Any savings realized as a result of

  9  implementing the innovative project shall be quantified,

10  validated, and verified by the agency. By July 1 of the

11  following fiscal year in which the funds were received, a

12  final report of the results of the implementation of each

13  innovative project shall be submitted by each participating

14  agency to the Governor's Office of Planning and Budgeting and

15  the legislative appropriations committees, along with a budget

16  amendment to reimburse the General Revenue Fund.

17         Section 35.  Subsection (16) of section 287.042,

18  Florida Statutes, 1996 Supplement, is amended to read:

19         287.042  Powers, duties, and functions.--The division

20  shall have the following powers, duties, and functions:

21         (16)(a)  To enter into joint agreements with

22  governmental agencies, as defined in s. 163.3164(10), for the

23  purpose of pooling funds for the purchase of commodities,

24  information technology resources, or services that can be used

25  by multiple agencies.  However, the department may consult

26  with the State Technology Office on joint agreements that

27  involve the purchase of information technology resources must

28  be coordinated with the Information Resource Commission.  The

29  Information Resource Commission may also provide

30  administrative and technical support for those agreements

31  involving the purchase of information technology resources, or


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                                        CS/HB 827, First Engrossed



  1  the division may delegate complete authority for joint

  2  agreements involving information technology resources to the

  3  commission.  Agencies entering into joint purchasing

  4  agreements with the division or the Information Resource

  5  Commission, as appropriate, shall authorize the division or

  6  commission to contract for such purchases on their behalf.

  7         (b)  Each agency that has been appropriated or has

  8  existing funds for such purchases, shall, upon contract award

  9  by the division, transfer their portion of the funds into the

10  division's Grants and Donations Trust Fund for payment by the

11  division.  These funds shall be transferred by the Executive

12  Office of the Governor pursuant to the agency budget amendment

13  request provisions in chapter 216.

14         (c)  Notwithstanding paragraph (b), for joint

15  agreements for information technology resources purchases that

16  have been delegated by the division to the Information

17  Resource Commission, agencies that have been appropriated or

18  have existing funds for information technology resources

19  purchases shall, upon contract award by the commission,

20  transfer their portion of the funds into the Information

21  Resource Commission's Grants and Donations Trust Fund for

22  payment by the commission.  These funds shall be transferred

23  by the Executive Office of the Governor pursuant to the agency

24  budget amendment request provisions in chapter 216.

25         (c)(d)  Agencies that sign such joint agreements are

26  financially obligated for their portion of the agreed-upon

27  funds. If any agency becomes more than 90 days delinquent in

28  paying such funds, the Department of Management Services or

29  the Information Resource Commission, as applicable, shall

30  certify to the Comptroller the amount due, and the Comptroller

31  shall transfer the amount due to the Grants and Donations


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                                        CS/HB 827, First Engrossed



  1  Trust Fund of the division or the Information Resource

  2  Commission, as appropriate, from any of the agency's available

  3  funds.  The Comptroller shall report all such transfers and

  4  the reasons for such transfers to the Executive Office of the

  5  Governor and the legislative appropriations committees.

  6         Section 36.  Subsection (1) of section 287.073, Florida

  7  Statutes, is amended to read:

  8         287.073  Procurement of information technology

  9  resources.--

10         (1)  For the purposes of this section, the term:

11         (a)  "Information technology resources" has the same

12  meaning ascribed in s. 282.303(13). means data processing

13  hardware, software, services, supplies, personnel, facility

14  resources, maintenance, and training but does not include

15  those process control devices excluded from such definition by

16  rule of the Information Resource Commission.

17         (b)  "Total cost" means all costs associated with the

18  information technology resource, including, but not limited

19  to, value of hardware, software or service, maintenance,

20  incremental personnel, and facilities. Total cost of a loan or

21  gift of information technology resources to an agency includes

22  the fair market value of the resources, except that the total

23  cost of loans or gifts of information technology resources to

24  state universities to be used in instruction or research does

25  not include fair market value.

26         Section 37.  Subsection (3) is added to section 943.08,

27  Florida Statutes, 1996 Supplement, to read:

28         943.08  Duties; Criminal and Juvenile Justice

29  Information Systems Council.--

30         (3)  The council shall develop and approve a strategic

31  plan pursuant to the requirements set forth in s. 186.022(9).


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                                        CS/HB 827, First Engrossed



  1  Copies of the approved plan shall be transmitted,

  2  electronically or in writing, to the Executive Office of the

  3  Governor, the Speaker of the House of Representatives, the

  4  President of the Senate, and the council members.

  5         Section 38.  The current staff of the Information

  6  Resource Commission, which is abolished by this act, shall be

  7  afforded priority consideration for any positions created by

  8  the reorganization pursuant to the provisions of this act or

  9  for other vacant positions in state government in accordance

10  with s. 20.02(7), Florida Statutes.

11         Section 39.  All records, including electronic and

12  paper records, of each entity abolished by this act must be

13  appropriately stored within 30 days after the date of the

14  abolishment of the entity, except that records of the

15  Information Resource Commission may be transferred to the

16  State Technology Office upon request of the office.

17         Section 40.  The administrative rules of the

18  Information Resource Commission shall remain in effect until

19  June 30, 1998, at which time such rules are repealed. However,

20  the judicial and legislative branches, the State University

21  System, and the Community College System are not bound by any

22  existing administrative rules adopted by the Information

23  Resource Commission.

24         Section 41.  All unexpended appropriations resulting

25  from the repeal of the Information Resource Commission, which

26  were designated for special monitoring pursuant to s. 282.322,

27  Florida Statutes, shall be transferred by a type two transfer

28  to the Technology Review Workgroup established pursuant to s.

29  216.0446, Florida Statutes.

30         Section 42.  The Division of Statutory Revision of the

31  Joint Legislative Management Committee may prepare a reviser's


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                                        CS/HB 827, First Engrossed



  1  bill to conform any cross-references that are necessary as a

  2  result of this act.

  3         Section 43.  For the purposes of sections 43 through

  4  47, the word "agency" has the meaning ascribed in section

  5  119.011, Florida Statutes.

  6         Section 44.  Notwithstanding any general or special law

  7  to the contrary, the agencies of one or more local governments

  8  may establish a collaborative client information system. State

  9  agencies and private agencies may participate in the

10  collaborative information system. Data related to the

11  following areas may be included in the collaborative

12  information system, although the system is not limited to only

13  these types of information; criminal justice, juvenile

14  justice, education, employment training, health, and human

15  services.

16         Section 45.  (1)  The counties involved in the creation

17  and administration of a collaborative client information

18  system shall form a steering committee, consisting of

19  representatives of all agencies and organizations

20  participating in the system, to govern the organization and

21  administration of the collaborative system. Each steering

22  committee shall determine its procedures for governance of the

23  organization, participation in the collaborative information

24  system, and administration of the data in the system. Each

25  steering committee also must develop a security policy to be

26  followed by all agencies participating in the collaborative

27  system to ensure the integrity of the data in the

28  collaborative information system and to guarantee the privacy,

29  to the extent possible, of all clients served by an agency

30  that participates in the collaborative system.

31


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                                        CS/HB 827, First Engrossed



  1         (2)  Before sharing confidential information with other

  2  members of the information collaborative, each member of the

  3  steering committee shall sign an agreement specifying, at a

  4  minimum, the following information:

  5         (a)  What information each agency will share with the

  6  collaborative;

  7         (b)  How the information will be shared;

  8         (c)  How clients will be notified that an agency

  9  participates in the collaborative;

10         (d)  Who in each agency will have access to the

11  information;

12         (e)  The purposes to be served by sharing the

13  information;

14         (f)  Assurances from each agency that it will maintain

15  the confidentiality of the information as required by law; and

16         (g)  Other information decided upon by members of the

17  information cooperative.

18         Section 46.  Notwithstanding any law to the contrary,

19  an agency that participates in the creation or administration

20  of a collaborative client information system may share client

21  information, including confidential client information, with

22  other members of the collaborative system as long as the

23  restrictions governing the confidential information are

24  observed by any other agency granted access to the

25  confidential information. An agency that participates in a

26  collaborative information system is not required to have a

27  release signed by its affected clients before sharing

28  confidential information with other members of the

29  collaborative system.

30         Section 47.  An agency that receives moneys from a

31  federal, state, or local agency is encouraged to participate


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                                        CS/HB 827, First Engrossed



  1  in any collaborative client information system that is

  2  available within the service area of the agency.

  3         Section 48.  Except as otherwise provided herein, this

  4  act shall take effect July 1, 1997.

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