Senate Bill 1334er
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1
2 An act relating to electronic commerce;
3 providing a short title; providing definitions;
4 providing scope; providing for prospective
5 application; providing for use of electronic
6 records and signatures; providing for variation
7 by agreement among parties using electronic
8 records and electronic signatures; providing
9 construction and application; providing for
10 uniformity; providing for legal recognition of
11 electronic records, signatures, and contracts;
12 providing for provision of information in
13 writing; providing for presentation of records;
14 providing for attribution and effect of
15 electronic records and electronic signatures;
16 providing for the effect of changes or errors
17 in electronic records; providing for
18 notarization and acknowledgment; providing for
19 retention of electronic records and originals;
20 providing for admissibility of electronic
21 records as evidence; providing for rules
22 applying to automated transactions; providing
23 for time and place of sending and receiving
24 electronic records and signatures; providing
25 for transferable records; providing for
26 creation and retention of electronic records by
27 governmental agencies; providing for conversion
28 of written records by governmental agencies;
29 providing for acceptance and distribution of
30 electronic records by governmental agencies;
31 providing for interoperability; providing
1
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 severability; requiring the county recorders to
2 provide a statewide index of official records
3 available on the Internet by a time certain;
4 providing for security; requiring that the
5 Internet information shall not be admissible in
6 court; authorizing charging a reasonable fee
7 for certain purposes; providing that the
8 official records must be made available for
9 electronic retrieval on the statewide site by a
10 time certain; amending ss. 282.005, 282.101,
11 282.102, 282.103, 282.104, 282.105, 282.106,
12 282.107, 282.1095, 282.111, 282.20, 282.21,
13 282.22, 282.303, 282.3031, 282.3032, 282.3041,
14 282.3055, 282.3063, F.S.; providing legislative
15 findings and creating the State Technology
16 Office within the Department of Management
17 Services; providing for the Chief Information
18 Officer to be in charge of the office;
19 requiring the office to provide support and
20 guidance to all state agencies in order to
21 enhance the state's use and management of
22 information technology resources; providing for
23 a study and recommendations concerning online
24 voting; providing for enterprise resource
25 planning and management by each state agency in
26 consultation with the office; creating s.
27 282.3095, F.S.; directing the State Technology
28 Office to create a Task Force on Privacy and
29 Technology; providing for the task force to
30 hold meetings and report to the Legislature and
31 Governor; amending ss. 282.310, 282.315,
2
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 282.318, 282.404, F.S.; directing the State
2 Technology Office to prepare and disseminate
3 the State Annual Report on Enterprise Resource
4 Planning and Management; transferring the
5 Florida Geographic Information Board and the
6 Florida Geographic Information Advisory Council
7 from the Executive Office of the Governor to
8 the State Technology Office; amending ss.
9 119.07, 287.073, F.S.; conforming statutory
10 cross-references; repealing s. 282.3091, F.S.,
11 relating to the State Technology Council;
12 repealing s. 282.3093, F.S., relating to the
13 State Technology Office; amending s. 215.322,
14 F.S.; revising legislative intent; specifying
15 circumstances under which governmental agencies
16 or the judicial branch may accept credit cards,
17 charge cards, or debit cards; prescribing
18 duties of the State Technology Office; removing
19 a limitation on convenience fees; amending s.
20 287.012, F.S.; revising certain definitions to
21 include bids or proposals transmitted or
22 received by electronic means; amending s.
23 287.042, F.S.; requiring the Department of
24 Management Services to consult with the State
25 Technology Office on joint agreements involving
26 the purchase of information technology
27 resources; amending s. 287.057, F.S., requiring
28 the office to develop a program for on-line
29 procurement of commodities and contractual
30 services; providing a limitation; authorizing
31 the office to contract for certain equipment
3
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 and services; authorizing the office to adopt
2 rules for certain purposes; requiring
3 Enterprise Florida, Inc., to create and
4 implement a marketing and image campaign;
5 providing purposes of the campaign; requiring
6 development and maintenance of a website for
7 information and technology industry marketing
8 and workforce recruitment; expressing support
9 of activities to enhance information
10 technology, including a network access point;
11 amending s. 212.08, F.S.; providing a sales tax
12 exemption on sales of certain equipment used to
13 deploy broadband technologies associated with a
14 network access point; providing for future
15 repeal of the exemption; providing an
16 appropriation; amending s. 556.108, F.S.;
17 providing for excavation performed on behalf of
18 a residential owner; amending s. 350.031, F.S.;
19 providing for the Florida Public Service
20 Commission Nominating Council members appointed
21 by the Speaker of the House of Representatives
22 and the President of the Senate to serve at the
23 pleasure of the Speaker of the House and the
24 President of the Senate; limiting the number of
25 full terms to which a member may be appointed;
26 providing for application; providing
27 severability; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31
4
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 Section 1. (1) SHORT TITLE.--This section may be
2 cited as the "Uniform Electronic Transaction Act."
3 (2) DEFINITIONS.--As used in this section:
4 (a) "Agreement" means the bargain of the parties in
5 fact, as found in their language or inferred from other
6 circumstances and from rules, regulations, and procedures
7 given the effect of agreements under provisions of law
8 otherwise applicable to a particular transaction.
9 (b) "Automated transaction" means a transaction
10 conducted or performed, in whole or in part, by electronic
11 means or electronic records, in which the acts or records of
12 one or both parties are not reviewed by an individual in the
13 ordinary course in forming a contract, performing under an
14 existing contract, or fulfilling an obligation required by the
15 transaction.
16 (c) "Computer program" means a set of statements or
17 instructions to be used directly or indirectly in an
18 information processing system in order to bring about a
19 certain result.
20 (d) "Contract" means the total legal obligation
21 resulting from the parties' agreement as affected by this act
22 and other applicable provisions of law.
23 (e) "Electronic" means relating to technology having
24 electrical, digital, magnetic, wireless, optical,
25 electromagnetic, or similar capabilities.
26 (f) "Electronic agent" means a computer program or an
27 electronic or other automated means used independently to
28 initiate an action or respond to electronic records or
29 performances in whole or in part, without review or action by
30 an individual.
31
5
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (g) "Electronic record" means a record created,
2 generated, sent, communicated, received, or stored by
3 electronic means.
4 (h) "Electronic signature" means an electronic sound,
5 symbol, or process attached to or logically associated with a
6 record and executed or adopted by a person with the intent to
7 sign the record.
8 (i) "Governmental agency" means an executive,
9 legislative, or judicial agency, department, board,
10 commission, authority, institution, or instrumentality of this
11 state, including a county, municipality, or other political
12 subdivision of this state and any other public or private
13 agency, person, partnership, corporation, or business entity
14 acting on behalf of any public agency.
15 (j) "Information" means data, text, images, sounds,
16 codes, computer programs, software, databases, or other
17 similar representations of knowledge.
18 (k) "Information processing system" means an
19 electronic system for creating, generating, sending,
20 receiving, storing, displaying, or processing information.
21 (l) "Person" means an individual, corporation,
22 business trust, estate, trust, partnership, limited liability
23 company, association, joint venture, governmental agency,
24 public corporation, or any other legal or commercial entity.
25 (m) "Record" means information that is inscribed on a
26 tangible medium or that is stored in an electronic or other
27 medium and is retrievable in perceivable form, including
28 public records as defined in s. 119.011(1), Florida Statutes.
29 (n) "Security procedure" means a procedure employed
30 for the purpose of verifying that an electronic signature,
31 record, or performance is that of a specific person or for
6
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 detecting changes or errors in the information in an
2 electronic record. The term includes a procedure that requires
3 the use of algorithms or other codes, identifying words or
4 numbers, encryption, or callback or other acknowledgment
5 procedures.
6 (o) "State" means a state of the United States, the
7 District of Columbia, Puerto Rico, the United States Virgin
8 Islands, or any territory or insular possession subject to the
9 jurisdiction of the United States. The term includes an Indian
10 tribe or band, or Alaskan native village, which is recognized
11 by federal law or formally acknowledged by a state.
12 (p) "Transaction" means an action or set of actions
13 occurring between two or more persons relating to the conduct
14 of business, commercial, insurance, or governmental affairs.
15 (3) SCOPE.--
16 (a) Except as otherwise provided in paragraph (b),
17 this section applies to electronic records and electronic
18 signatures relating to a transaction.
19 (b) This section does not apply to a transaction to
20 the extent the transaction is governed by:
21 1. A provision of law governing the creation and
22 execution of wills, codicils, or testamentary trusts;
23 2. The Uniform Commercial Code other than ss. 671.107
24 and 671.206, Florida Statutes, and chapters 672 and 680,
25 Florida Statutes;
26 3. The Uniform Computer Information Transactions Act;
27 or
28 4. Rules relating to judicial procedure.
29 (c) This section applies to an electronic record or
30 electronic signature otherwise excluded under paragraph (b) to
31
7
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 the extent such record or signature is governed by a provision
2 of law other than those specified in paragraph (b).
3 (d) A transaction subject to this section is also
4 subject to other applicable provisions of substantive law.
5 (4) PROSPECTIVE APPLICATION.--This section applies to
6 any electronic record or electronic signature created,
7 generated, sent, communicated, received, or stored on or after
8 July 1, 2000.
9 (5) USE OF ELECTRONIC RECORDS AND ELECTRONIC
10 SIGNATURES; VARIATION BY AGREEMENT.--
11 (a) This section does not require a record or
12 signature to be created, generated, sent, communicated,
13 received, stored, or otherwise processed or used by electronic
14 means or in electronic form.
15 (b) This section applies only to transactions between
16 parties each of which has agreed to conduct transactions by
17 electronic means. Whether the parties agree to conduct a
18 transaction by electronic means is determined from the context
19 and surrounding circumstances, including the parties' conduct.
20 (c) A party that agrees to conduct a transaction by
21 electronic means may refuse to conduct other transactions by
22 electronic means. The right granted by this paragraph may not
23 be waived by agreement.
24 (d) Except as otherwise provided in this section, the
25 effect of any provision of this section may be varied by
26 agreement. The presence in certain provisions of this section
27 of the words "unless otherwise agreed," or words of similar
28 import, does not imply that the effect of other provisions may
29 not be varied by agreement.
30
31
8
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (e) Whether an electronic record or electronic
2 signature has legal consequences is determined by this section
3 and other applicable provisions of law.
4 (6) CONSTRUCTION AND APPLICATION.--This section shall
5 be construed and applied to:
6 (a) Facilitate electronic transactions consistent with
7 other applicable provisions of law.
8 (b) Be consistent with reasonable practices concerning
9 electronic transactions and with the continued expansion of
10 those practices.
11 (c) Effectuate its general purpose to make uniform the
12 law with respect to the subject of this section among states
13 enacting similar legislation.
14 (7) LEGAL RECOGNITION OF ELECTRONIC RECORDS,
15 ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS.--
16 (a) A record or signature may not be denied legal
17 effect or enforceability solely because the record or
18 signature is in electronic form.
19 (b) A contract may not be denied legal effect or
20 enforceability solely because an electronic record was used in
21 the formation of the contract.
22 (c) If a provision of law requires a record to be in
23 writing, an electronic record satisfies such provision.
24 (d) If a provision of law requires a signature, an
25 electronic signature satisfies such provision.
26 (8) PROVISION OF INFORMATION IN WRITING; PRESENTATION
27 OF RECORDS.--
28 (a) If parties have agreed to conduct a transaction by
29 electronic means and a provision of law requires a person to
30 provide, send, or deliver information in writing to another
31 person, the requirement is satisfied if the information is
9
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 provided, sent, or delivered, as the case may be, in an
2 electronic record capable of retention by the recipient at the
3 time of receipt. An electronic record is not capable of
4 retention by the recipient if the sender or the sender's
5 information processing system inhibits the ability of the
6 recipient to print or store the electronic record.
7 (b) If a provision of law other than this section
8 requires a record to be posted or displayed in a certain
9 manner; to be sent, communicated, or transmitted by a
10 specified method; or to contain information that is formatted
11 in a certain manner, the following rules apply:
12 1. The record must be posted or displayed in the
13 manner specified in the other provision of law.
14 2. Except as otherwise provided in subparagraph (d)2.,
15 the record must be sent, communicated, or transmitted by the
16 method specified in the other provision of law.
17 3. The record must contain the information formatted
18 in the manner specified in the other provision of law.
19 (c) If a sender inhibits the ability of a recipient to
20 store or print an electronic record, the electronic record is
21 not enforceable against the recipient.
22 (d) The requirements of this section may not be varied
23 by agreement, provided:
24 1. To the extent a provision of law other than this
25 section requires information to be provided, sent, or
26 delivered in writing but permits that requirement to be varied
27 by agreement, the requirement under paragraph (a) that the
28 information be in the form of an electronic record capable of
29 retention may also be varied by agreement.
30 2. A requirement under a law other than this section
31 to send, communicate, or transmit a record by first-class
10
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 mail, postage prepaid, or other regular United States mail,
2 may be varied by agreement to the extent permitted by the
3 other provision of law.
4 (9) ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND
5 ELECTRONIC SIGNATURE.--
6 (a) An electronic record or electronic signature is
7 attributable to a person if the record or signature was the
8 act of the person. The act of the person may be shown in any
9 manner, including a showing of the efficacy of any security
10 procedure applied to determine the person to which the
11 electronic record or electronic signature was attributable.
12 (b) The effect of an electronic record or electronic
13 signature attributed to a person under paragraph (a) is
14 determined from the context and surrounding circumstances at
15 the time of its creation, execution, or adoption, including
16 the parties' agreement, if any, and otherwise as provided by
17 law.
18 (10) EFFECT OF CHANGE OR ERROR.--If a change or error
19 in an electronic record occurs in a transmission between
20 parties to a transaction, the following rules apply:
21 (a) If the parties have agreed to use a security
22 procedure to detect changes or errors and one party has
23 conformed to the procedure, but the other party has not, and
24 the nonconforming party would have detected the change or
25 error had that party also conformed, the conforming party may
26 avoid the effect of the changed or erroneous electronic
27 record.
28 (b) In an automated transaction involving an
29 individual, the individual may avoid the effect of an
30 electronic record that resulted from an error made by the
31 individual in dealing with the electronic agent of another
11
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 person if the electronic agent did not provide an opportunity
2 for the prevention or correction of the error and, at the time
3 the individual learns of the error, the individual:
4 1. Promptly notifies the other person of the error and
5 that the individual did not intend to be bound by the
6 electronic record received by the other person.
7 2. Takes reasonable steps, including steps that
8 conform to the other person's reasonable instructions, to
9 return to the other person or, if instructed by the other
10 person, to destroy the consideration received, if any, as a
11 result of the erroneous electronic record.
12 3. Has not used or received any benefit or value from
13 the consideration, if any, received from the other person.
14 (c) If paragraphs (a) and (b) do not apply, the change
15 or error has the effect provided by the other provision of
16 law, including the law of mistake, and the parties' contract,
17 if any.
18 (d) Paragraphs (b) and (c) may not be varied by
19 agreement.
20 (11) NOTARIZATION AND ACKNOWLEDGMENT.--
21 (a) If a law requires a signature or record to be
22 notarized, acknowledged, verified, or made under oath, the
23 requirement is satisfied if the electronic signature of the
24 person authorized by applicable law to perform those acts,
25 together with all other information required to be included by
26 other applicable law, is attached to or logically associated
27 with the signature or record. Neither a rubber stamp nor an
28 impression type seal is required for an electronic
29 notarization.
30 (b) A first-time applicant for a notary commission
31 must submit proof that the applicant has, within 1 year prior
12
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 to the application, completed at least 3 hours of interactive
2 or classroom instruction, including electronic notarization,
3 and covering the duties of the notary public. Courses
4 satisfying this section may be offered by any public or
5 private sector person or entity registered with the Executive
6 Office of the Governor and must include a core curriculum
7 approved by that office.
8 (12) RETENTION OF ELECTRONIC RECORDS; ORIGINALS.--
9 (a) If a law requires that a record be retained, the
10 requirement is satisfied by retaining an electronic record of
11 the information in the record which:
12 1. Accurately reflects the information set forth in
13 the record after the record was first generated in final form
14 as an electronic record or otherwise.
15 2. Remains accessible for later reference.
16 (b) A requirement to retain a record in accordance
17 with paragraph (a) does not apply to any information the sole
18 purpose of which is to enable the record to be sent,
19 communicated, or received.
20 (c) A person may satisfy paragraph (a) by using the
21 services of another person if the requirements of paragraph
22 (a) are satisfied.
23 (d) If a provision of law requires a record to be
24 presented or retained in its original form, or provides
25 consequences if the record is not presented or retained in its
26 original form, that law is satisfied by an electronic record
27 retained in accordance with paragraph (a).
28 (e) If a provision of law requires retention of a
29 check, that requirement is satisfied by retention of an
30 electronic record of the information on the front and back of
31 the check in accordance with paragraph (a).
13
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (f) A record retained as an electronic record in
2 accordance with paragraph (a) satisfies a provision of law
3 requiring a person to retain a record for evidentiary, audit,
4 or similar purposes, unless a provision of law enacted after
5 July 1, 2000, specifically prohibits the use of an electronic
6 record for the specified purpose.
7 (g) This section does not preclude a governmental
8 agency of this state from specifying additional requirements
9 for the retention of a record subject to the agency's
10 jurisdiction.
11 (13) ADMISSIBILITY IN EVIDENCE.--In a proceeding,
12 evidence of a record or signature may not be excluded solely
13 because the record or signature is in electronic form.
14 (14) AUTOMATED TRANSACTIONS.--In an automated
15 transaction, the following rules apply:
16 (a) A contract may be formed by the interaction of
17 electronic agents of the parties, even if no individual was
18 aware of or reviewed the electronic agents' actions or the
19 resulting terms and agreements.
20 (b) A contract may be formed by the interaction of an
21 electronic agent and an individual, acting on the individual's
22 own behalf or for another person, including by an interaction
23 in which the individual performs actions that the individual
24 is free to refuse to perform and which the individual knows or
25 has reason to know will cause the electronic agent to complete
26 the transaction or performance.
27 (c) The terms of the contract are determined by the
28 substantive law applicable to the contract.
29 (15) TIME AND PLACE OF SENDING AND RECEIVING.--
30 (a) Unless otherwise agreed between the sender and the
31 recipient, an electronic record is sent when the record:
14
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 1. Is addressed properly or otherwise directed
2 properly to an information processing system that the
3 recipient has designated or uses for the purpose of receiving
4 electronic records or information of the type sent and from
5 which the recipient is able to retrieve the electronic record.
6 2. Is in a form capable of being processed by that
7 system.
8 3. Enters an information processing system outside the
9 control of the sender or of a person that sent the electronic
10 record on behalf of the sender or enters a region of the
11 information processing system designated or used by the
12 recipient which is under the control of the recipient.
13 (b) Unless otherwise agreed between a sender and the
14 recipient, an electronic record is received when the record
15 enters an information processing system that the recipient has
16 designated or uses for the purpose of receiving electronic
17 records or information of the type sent and from which the
18 recipient is able to retrieve the electronic record; and is in
19 a form capable of being processed by that system.
20 (c) Paragraph (b) applies even if the place the
21 information processing system is located is different from the
22 place the electronic record is deemed to be received under
23 paragraph (d).
24 (d) Unless otherwise expressly provided in the
25 electronic record or agreed between the sender and the
26 recipient, an electronic record is deemed to be sent from the
27 sender's place of business and to be received at the
28 recipient's place of business. For purposes of this paragraph,
29 the following rules apply:
30
31
15
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 1. If the sender or recipient has more than one place
2 of business, the place of business of that person is the place
3 having the closest relationship to the underlying transaction.
4 2. If the sender or the recipient does not have a
5 place of business, the place of business is the sender's or
6 recipient's residence, as the case may be.
7 (e) An electronic record is received under paragraph
8 (b) even if no individual is aware of its receipt.
9 (f) Receipt of an electronic acknowledgment from an
10 information processing system described in paragraph (b)
11 establishes that a record was received but, by itself, does
12 not establish that the content sent corresponds to the content
13 received.
14 (g) If a person is aware that an electronic record
15 purportedly sent under paragraph (a), or purportedly received
16 under paragraph (b), was not actually sent or received, the
17 legal effect of the sending or receipt is determined by other
18 applicable provisions of law. Except to the extent permitted
19 by the other provisions of law, the requirements of this
20 paragraph may not be varied by agreement.
21 (h) An automated transaction does not establish the
22 acceptability of an electronic record for recording purposes.
23 (16) TRANSFERABLE RECORDS.--
24 (a) For purposes of this paragraph, "transferable
25 record" means an electronic record that:
26 1. Would be a note under chapter 673, Florida
27 Statutes, or a document under chapter 677, Florida Statutes,
28 if the electronic record were in writing.
29 2. The issuer of the electronic record expressly has
30 agreed is a transferable record.
31
16
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (b) A person has control of a transferable record if a
2 system employed for evidencing the transfer of interests in
3 the transferable record reliably establishes that person as
4 the person to which the transferable record was issued or
5 transferred.
6 (c) A system satisfies paragraph (b), and a person is
7 deemed to have control of a transferable record, if the
8 transferable record is created, stored, and assigned in such a
9 manner that:
10 1. A single authoritative copy of the transferable
11 record exists which is unique, identifiable, and, except as
12 otherwise provided in subparagraphs 4., 5., and 6.,
13 unalterable.
14 2. The authoritative copy identifies the person
15 asserting control as the person to which the transferable
16 record was issued or, if the authoritative copy indicates that
17 the transferable record has been transferred, the person to
18 which the transferable record was most recently transferred.
19 3. The authoritative copy is communicated to and
20 maintained by the person asserting control or its designated
21 custodian.
22 4. Copies or revisions that add or change an
23 identified assignee of the authoritative copy can be made only
24 with the consent of the person asserting control.
25 5. Each copy of the authoritative copy and any copy of
26 a copy is readily identifiable as a copy that is not the
27 authoritative copy.
28 6. Any revision of the authoritative copy is readily
29 identifiable as authorized or unauthorized.
30 (d) Except as otherwise agreed, a person having
31 control of a transferable record is the holder, as defined in
17
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 s. 671.201(20), of the transferable record and has the same
2 rights and defenses as a holder of an equivalent record or
3 writing under the Uniform Commercial Code, including, if the
4 applicable statutory requirements under s. 673.3021, s.
5 677.501, or s. 679.308 are satisfied, the rights and defenses
6 of a holder in due course, a holder to which a negotiable
7 document of title has been duly negotiated, or a purchaser,
8 respectively. Delivery, possession, and indorsement are not
9 required to obtain or exercise any of the rights under this
10 paragraph.
11 (e) Except as otherwise agreed, an obligor under a
12 transferable record has the same rights and defenses as an
13 equivalent obligor under equivalent records or writings under
14 the Uniform Commercial Code.
15 (f) If requested by a person against which enforcement
16 is sought, the person seeking to enforce the transferable
17 record shall provide reasonable proof that the person is in
18 control of the transferable record. Proof may include access
19 to the authoritative copy of the transferable record and
20 related business records sufficient to review the terms of the
21 transferable record and to establish the identity of the
22 person having control of the transferable record.
23 (17) CREATION AND RETENTION OF ELECTRONIC RECORDS AND
24 CONVERSION OF WRITTEN RECORDS BY GOVERNMENTAL AGENCIES.--Each
25 governmental agency shall determine whether, and the extent to
26 which, such agency will create and retain electronic records
27 and convert written records to electronic records.
28 (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS
29 BY GOVERNMENTAL AGENCIES.--
30 (a) Except as otherwise provided in paragraph (12)(f),
31 each governmental agency shall determine whether, and the
18
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 extent to which, such agency will send and accept electronic
2 records and electronic signatures to and from other persons
3 and otherwise create, generate, communicate, store, process,
4 use, and rely upon electronic records and electronic
5 signatures.
6 (b) To the extent that a governmental agency uses
7 electronic records and electronic signatures under paragraph
8 (a), the state technology office, in consultation with the
9 governmental agency, giving due consideration to security, may
10 specify:
11 1. The manner and format in which the electronic
12 records must be created, generated, sent, communicated,
13 received, and stored and the systems established for those
14 purposes.
15 2. If electronic records must be signed by electronic
16 means, the type of electronic signature required, the manner
17 and format in which the electronic signature must be affixed
18 to the electronic record, and the identity of, or criteria
19 that must be met by, any third party used by a person filing a
20 document to facilitate the process.
21 3. Control processes and procedures as appropriate to
22 ensure adequate preservation, disposition, integrity,
23 security, confidentiality, and auditability of electronic
24 records.
25 4. Any other required attributes for electronic
26 records which are specified for corresponding nonelectronic
27 records or reasonably necessary under the circumstances.
28 (c) Except as otherwise provided in paragraph (12)(f),
29 this section does not require a governmental agency of this
30 state to use or permit the use of electronic records or
31 electronic signatures.
19
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (d) Service charges and fees otherwise established by
2 law applicable to the filing of nonelectronic records shall
3 apply in kind to the filing of electronic records.
4 (19) INTEROPERABILITY.--The governmental agency which
5 adopts standards pursuant to subsection (18) may encourage and
6 promote consistency and interoperability with similar
7 requirements adopted by other governmental agencies of this
8 and other states and the Federal Government and
9 nongovernmental persons interacting with governmental agencies
10 of this state. If appropriate, those standards may specify
11 differing levels of standards from which governmental agencies
12 of this state may choose in implementing the most appropriate
13 standard for a particular application.
14 (20) SEVERABILITY.--If any provision of this section
15 or its application to any person or circumstance is held
16 invalid, the invalidity does not affect other provisions or
17 applications of this section which can be given effect without
18 the invalid provision or application, and to this end the
19 provisions of this act are severable.
20 Section 2. (1) The Legislature finds that a proper
21 and legitimate state purpose is served by providing the public
22 with access to public records and information on the Internet
23 and hereby determines that the provisions of this section
24 fulfill and further an important state interest.
25 (2) No later than January 1, 2002, the county recorder
26 in each county shall provide a current index of documents
27 recorded in the official records of the county for the period
28 beginning no later than January 1, 1990, on a publicly
29 available Internet website which shall also contain a document
30 requisition point for obtaining images or copies of the
31 documents reflected in the index and which has the capability
20
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 of electronically providing the index data to a central
2 statewide search site.
3 (3) Each county recorder shall use appropriate
4 Internet security measures to ensure that no person has the
5 ability to alter or to modify any public record.
6 (4) Unless otherwise provided by law, no information
7 retrieved electronically pursuant to this section shall be
8 admissible in court as an authenticated document.
9 (5) By January 1, 2006, each county recorder shall
10 provide for electronic retrieval, at a minimum, of images of
11 documents referenced as the index required to be maintained on
12 the county's official records website by this section.
13 Section 3. Section 282.005, Florida Statutes, is
14 amended to read:
15 282.005 Legislative findings and intent.--The
16 Legislature finds that:
17 (1) Information is a strategic asset of the state,
18 and, as such, it should be managed as a valuable state
19 resource.
20 (2) The state makes significant investments in
21 information technology resources in order to manage
22 information and to provide services to its citizens.
23 (3) An office must be created to provide support and
24 guidance to enhance the state's use and management of
25 information technology resources and to design, procure, and
26 deploy, on behalf of the state, information technology
27 resources.
28 (4) The cost-effective deployment of technology and
29 information resources by state agencies can best be managed by
30 a Chief Information Officer.
31
21
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (5)(3) The head of each state agency, in consultation
2 with the State Technology Office, has primary responsibility
3 and accountability for the planning, budgeting, acquisition,
4 development, implementation, use, and management of
5 information technology resources within the agency.
6 (6)(4) The expanding need for, use of, and dependence
7 on information technology resources requires focused
8 management attention and managerial accountability by state
9 agencies and the state as a whole.
10 (7)(5) The agency head, in consultation with the State
11 Technology Office, has primary responsibility for the agency's
12 information technology resources and for their use in
13 accomplishing the agency's mission. However, each agency
14 shall also use its information technology resources in the
15 best interests of the state as a whole and thus contribute to
16 and make use of shared data and related resources whenever
17 appropriate.
18 (8)(6) The state shall provide, by whatever means is
19 most cost-effective and efficient, the information resources
20 management infrastructure needed to collect, store, and
21 process the state's data and information, provide
22 connectivity, and facilitate the exchange of data and
23 information among both public and private parties.
24 (9)(7) A necessary part of the state's information
25 resources management infrastructure is a statewide
26 communications system for all types of signals, including
27 voice, data, video, radio, and image.
28 (10)(8) To ensure the best management of the state's
29 information technology resources, and notwithstanding other
30 provisions of law to the contrary, the functions of
31 information resources management are hereby assigned to the
22
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 Board of Regents as the agency responsible for the development
2 and implementation of policy, planning, management,
3 rulemaking, standards, and guidelines for the State University
4 System; to the State Board of Community Colleges as the agency
5 responsible for establishing and developing rules and policies
6 for the Florida Community College System; to the Supreme
7 Court, for the judicial branch; and to each state attorney and
8 public defender; and to the State Technology Office for the
9 executive branch of state government.
10 (11) Notwithstanding anything to the contrary
11 contained in this act, the State Technology Office shall take
12 no action affecting the supervision or control of the
13 personnel or data-processing equipment that the Comptroller
14 deems necessary for the exercise of his or her official
15 constitutional duties as set forth in s. 4(d) and 4(e) of Art.
16 IV of the State Constitution.
17 (12) Notwithstanding anything to the contrary
18 contained in this act, the State Technology Office shall take
19 no action affecting the supervision and control of the
20 personnel or data-processing equipment which the Attorney
21 General deems necessary for the exercise of his or her
22 official constitutional duties as set forth in s. 4(c) of Art.
23 IV of the State Constitution.
24 Section 4. Section 282.101, Florida Statutes, is
25 amended to read:
26 282.101 Construction of terms, "information
27 technology" "communications" or "information technology
28 "communications system."--Any reference in this part to
29 "information technology" "communications" or "information
30 technology "communications system" means any transmission,
31 emission, and reception of signs, signals, writings, images,
23
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 and sounds of intelligence of any nature by wire, radio,
2 optical, or other electromagnetic systems and includes all
3 facilities and equipment owned, leased, or used by all
4 agencies and political subdivisions of state government, and a
5 full-service, information-processing facility offering
6 hardware, software, operations, integration, networking, and
7 consulting services.
8 Section 5. Section 282.102, Florida Statutes, is
9 amended to read:
10 282.102 Powers and duties of the State Technology
11 Office of the Department of Management Services.--There is
12 created a State Technology Office, administratively placed
13 within the Department of Management Services, which shall be
14 headed by a Chief Information Officer who is appointed by the
15 Governor and is in the Senior Management Service. The office
16 shall have the following powers, duties, and functions:
17 (1) To publish electronically the portfolio of
18 services available from the office department, including
19 pricing information; the policies and procedures of the office
20 department governing usage of available services; and a
21 forecast of the priorities and initiatives for the state
22 communications system for the ensuing 2 years. The office
23 department shall provide a hard copy of its portfolio of
24 services upon request.
25 (2) To coordinate the purchase, lease, and use of all
26 information technology communications services for state
27 agencies government, including communications services
28 provided as part of any other total system to be used by the
29 state or any of its agencies.
30 (3) To advise and render aid to state agencies and
31 political subdivisions of the state as to systems or methods
24
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 to be used for organizing and meeting information technology
2 communications requirements efficiently and effectively.
3 (4) To integrate consolidate the information
4 technology communications systems and services of state
5 agencies and to provide for their joint use by the agencies
6 when determined by the department to be economically efficient
7 or performance-effective.
8 (5) To adopt technical standards for the state
9 information technology communications system which will assure
10 the interconnection of computer networks and information
11 systems of state agencies.
12 (6) To assume management responsibility for any
13 integrated information technology consolidated communications
14 system or service when determined by the office department to
15 be economically efficient or performance-effective.
16 (7) To enter into agreements for the support and use
17 of the information technology communications services of state
18 agencies and of political subdivisions of the state.
19 (8) To use or acquire, with agency concurrence,
20 information technology communications facilities now owned or
21 operated by any state agency.
22 (9) To standardize policies and procedures for the use
23 of such services.
24 (10) To purchase from or contract with information
25 technology providers suppliers and communications companies
26 for information technology communications facilities or
27 services, including private line services.
28 (11) To apply for, receive, and hold, or assist
29 agencies in applying for, receiving, or holding, such
30 authorizations, licenses, and allocations or channels and
31 frequencies to carry out the purposes of ss. 282.101-282.109.
25
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (12) To acquire real estate, equipment, and other
2 property.
3 (13) To cooperate with any federal, state, or local
4 emergency management agency in providing for emergency
5 communications services.
6 (14) To delegate to state agencies the powers of
7 acquisition and utilization of information technology
8 communications equipment, facilities, and services or to
9 control and approve the purchase, lease, and use of all
10 information technology communications equipment, services, and
11 facilities, including communications services provided as part
12 of any other total system to be used by the state or any of
13 its agencies. This subsection does not apply to the data
14 processing hardware of an agency as defined in this part.
15 (15) To take ownership, custody, and control of
16 existing communications equipment and facilities, with agency
17 concurrence, including all right, title, interest, and equity
18 therein, to carry out the purposes of ss. 282.101-282.109.
19 However, the provisions of this subsection shall in no way
20 affect the rights, title, interest, or equity in any such
21 equipment or facilities owned by, or leased to, the state or
22 any state agency by any telecommunications company.
23 (16) To adopt prescribe rules pursuant to ss. 120.54
24 and 120.536(1) relating to information technology and to
25 administer the provisions of this part and regulations for the
26 use of the state communications system.
27 (17) To provide a means whereby political subdivisions
28 of the state may use the state information technology
29 communications system upon such terms and under such
30 conditions as the office department may establish.
31
26
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (18) To apply for and accept federal funds for any of
2 the purposes of ss. 282.101-282.109 as well as gifts and
3 donations from individuals, foundations, and private
4 organizations.
5 (19) To monitor issues relating to communications
6 facilities and services before the Florida Public Service
7 Commission and, when necessary, prepare position papers,
8 prepare testimony, appear as a witness, and retain witnesses
9 on behalf of state agencies in proceedings before the
10 commission.
11 (20) Unless delegated to the agencies by the Chief
12 Information Officer, to manage and control, but not intercept
13 or interpret, communications within the SUNCOM Network by:
14 (a) Establishing technical standards to physically
15 interface with the SUNCOM Network.
16 (b) Specifying how communications are transmitted
17 within the SUNCOM Network.
18 (c) Controlling the routing of communications within
19 the SUNCOM Network.
20 (d) Establishing standards, policies, and procedures
21 for access to the SUNCOM Network.
22 (e) Ensuring orderly and reliable communications
23 services in accordance with the standards and policies of all
24 state agencies and the service agreements executed with state
25 agencies.
26 (21) To plan, design, and conduct experiments for
27 information technology in communications services, equipment,
28 and technologies, and to implement enhancements in the state
29 information technology communications system when in the
30 public interest justified and cost-effective. Funding for
31 such experiments shall be derived from SUNCOM Network service
27
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 revenues and shall not exceed 21 percent of the annual budget
2 for the SUNCOM Network for any fiscal year or as provided in
3 the General Appropriations Act for fiscal year 2000-2001. New
4 services offered as a result of this subsection shall not
5 affect existing rates for facilities or services.
6 (22) To enter into contracts or agreements, with or
7 without competitive bidding or procurement, to make available,
8 on a fair, reasonable, and nondiscriminatory basis, property
9 and other structures under office department control for the
10 placement of new facilities by any wireless provider of mobile
11 service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any
12 telecommunications company as defined in s. 364.02 when it is
13 determined to be practical and feasible to make such property
14 or other structures available. The office department may,
15 without adopting a rule, charge a just, reasonable, and
16 nondiscriminatory fee for the placement of the facilities,
17 payable annually, based on the fair market value of space used
18 by comparable communications facilities in the state. The
19 office department and a wireless provider or
20 telecommunications company may negotiate the reduction or
21 elimination of a fee in consideration of services provided to
22 the office department by the wireless provider or
23 telecommunications company. All such fees collected by the
24 office department shall be deposited directly into the State
25 Agency Law Enforcement Radio System Trust Fund, and may be
26 used by the office department to construct, maintain, or
27 support the system.
28 (23) To provide an integrated electronic system for
29 deploying government products, services, and information to
30 individuals and businesses.
31
28
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (a) The integrated electronic system shall reflect
2 cost-effective deployment strategies in keeping with industry
3 standards and practices, including protections of security of
4 private information as well as maintenance of public records.
5 (b) The office shall provide a method for assessing
6 fiscal accountability for the integrated electronic system and
7 shall establish the organizational structure required to
8 implement this system.
9 (24) To provide administrative support to the Chief
10 Information Officers' Council and other workgroups created by
11 the Chief Information Officer.
12 (25) To facilitate state information technology
13 education and training for senior management and other agency
14 staff.
15 (26) To prepare, on behalf of the Executive Office of
16 the Governor, memoranda on recommended guidelines and best
17 practices for information resources management, when
18 requested.
19 (27) To prepare, publish, and disseminate the State
20 Annual Report on Enterprise Resource Planning and Management
21 under s. 282.310.
22 (28) To study and make a recommendation to the
23 Governor and Legislature on the feasibility of implementing
24 online voting in this state.
25 (29) To facilitate the development of a network access
26 point in this state, as needed.
27 Section 6. Section 282.103, Florida Statutes, is
28 amended to read:
29 282.103 SUNCOM Network; exemptions from the required
30 use.--
31
29
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (1) There is created within the State Technology
2 Office of the Department of Management Services the SUNCOM
3 Network which shall be developed to serve as the state
4 communications system for providing local and long-distance
5 communications services to state agencies, political
6 subdivisions of the state, municipalities, and nonprofit
7 corporations pursuant to ss. 282.101-282.111. The SUNCOM
8 Network shall be developed to transmit all types of
9 communications signals, including, but not limited to, voice,
10 data, video, image, and radio. State agencies shall cooperate
11 and assist in the development and joint use of communications
12 systems and services.
13 (2) The State Technology Office of the Department of
14 Management Services shall design, engineer, implement, manage,
15 and operate through state ownership, commercial leasing, or
16 some combination thereof, the facilities and equipment
17 providing SUNCOM Network services, and shall develop a system
18 of equitable billings and charges for communication services.
19 (3) All state agencies are required to use the SUNCOM
20 Network for agency communications services as the services
21 become available; however, no agency is relieved of
22 responsibility for maintaining communications services
23 necessary for effective management of its programs and
24 functions. If a SUNCOM Network service does not meet the
25 communications requirements of an agency, the agency shall
26 notify the State Technology Office of the Department of
27 Management Services in writing and detail the requirements for
28 that communications service. If the office department is
29 unable, within 90 days, to meet an agency's requirements by
30 enhancing SUNCOM Network service, the office department shall
31
30
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 grant the agency an exemption from the required use of
2 specified SUNCOM Network services.
3 Section 7. Section 282.104, Florida Statutes, is
4 amended to read:
5 282.104 Use of state SUNCOM Network by
6 municipalities.--Any municipality may request the State
7 Technology Office of the Department of Management Services to
8 provide any or all of the SUNCOM Network's portfolio of
9 communications services upon such terms and under such
10 conditions as the department may establish. The requesting
11 municipality shall pay its share of installation and recurring
12 costs according to the published rates for SUNCOM Network
13 services and as invoiced by the office department. Such
14 municipality shall also pay for any requested modifications to
15 existing SUNCOM Network services, if any charges apply.
16 Section 8. Section 282.105, Florida Statutes, is
17 amended to read:
18 282.105 Use of state SUNCOM Network by nonprofit
19 corporations.--
20 (1) The State Technology Office of the Department of
21 Management Services shall provide a means whereby private
22 nonprofit corporations under contract with state agencies or
23 political subdivisions of the state may use the state SUNCOM
24 Network, subject to the limitations in this section. In order
25 to qualify to use the state SUNCOM Network, a nonprofit
26 corporation shall:
27 (a) Expend the majority of its total direct revenues
28 for the provision of contractual services to the state, a
29 municipality, or a political subdivision of the state; and
30 (b) Receive only a small portion of its total revenues
31 from any source other than a state agency, a municipality, or
31
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 a political subdivision of the state during the period of time
2 SUNCOM Network services are requested.
3 (2) Each nonprofit corporation seeking authorization
4 to use the state SUNCOM Network pursuant to this section shall
5 provide to the office department, upon request, proof of
6 compliance with subsection (1).
7 (3) Nonprofit corporations established pursuant to
8 general law and an association of municipal governments which
9 is wholly owned by the municipalities shall be eligible to use
10 the state SUNCOM Network, subject to the terms and conditions
11 of the office department.
12 (4) Institutions qualified pursuant to s. 240.605
13 shall be eligible to use the state SUNCOM Network, subject to
14 the terms and conditions of the office department. Such
15 entities shall not be required to satisfy the other criteria
16 of this section.
17 (5) Private, nonprofit elementary and secondary
18 schools shall be eligible for rates and services on the same
19 basis as public schools, providing these nonpublic schools do
20 not have an endowment in excess of $50 million.
21 Section 9. Section 282.106, Florida Statutes, is
22 amended to read:
23 282.106 Use of SUNCOM Network by libraries.--The State
24 Technology Office of the Department of Management Services may
25 provide SUNCOM Network services to any library in the state,
26 including libraries in public schools, community colleges, the
27 State University System, and nonprofit private postsecondary
28 educational institutions, and libraries owned and operated by
29 municipalities and political subdivisions.
30 Section 10. Subsections (1) and (2) of section
31 282.107, Florida Statutes, are amended to read:
32
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 282.107 SUNCOM Network; criteria for usage.--
2 (1) The State Technology Office division shall
3 periodically review the qualifications of subscribers using
4 the state SUNCOM Network and shall terminate services provided
5 to any facility not qualified pursuant to ss. 282.101-282.111
6 or rules adopted hereunder. In the event of nonpayment of
7 invoices by subscribers whose SUNCOM Network invoices are paid
8 from sources other than legislative appropriations, such
9 nonpayment represents good and sufficient reason to terminate
10 service.
11 (2) The State Technology Office division shall adopt
12 rules setting forth its procedures for withdrawing and
13 restoring authorization to use the state SUNCOM Network. Such
14 rules shall provide a minimum of 30 days' notice to affected
15 parties prior to termination of voice communications service.
16 Section 11. Section 282.1095, Florida Statutes, is
17 amended to read:
18 282.1095 State agency law enforcement radio system.--
19 (1) The State Technology Office of the Department of
20 Management Services may acquire and implement a statewide
21 radio communications system to serve law enforcement units of
22 state agencies, and to serve local law enforcement agencies
23 through a mutual aid channel. The Joint Task Force on State
24 Agency Law Enforcement Communications is established in the
25 State Technology Office of the Department of Management
26 Services to advise the office department of member-agency
27 needs for the planning, designing, and establishment of the
28 joint system. The State Agency Law Enforcement Radio System
29 Trust Fund is established in the State Technology Office of
30 the Department of Management Services. The trust fund shall be
31
33
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 funded from surcharges collected under ss. 320.0802 and
2 328.72.
3 (2)(a) The Joint Task Force on State Agency Law
4 Enforcement Communications shall consist of eight members, as
5 follows:
6 1. A representative of the Division of Alcoholic
7 Beverages and Tobacco of the Department of Business and
8 Professional Regulation who shall be appointed by the
9 secretary of the department.
10 2. A representative of the Division of Florida Highway
11 Patrol of the Department of Highway Safety and Motor Vehicles
12 who shall be appointed by the executive director of the
13 department.
14 3. A representative of the Department of Law
15 Enforcement who shall be appointed by the executive director
16 of the department.
17 4. A representative of the Fish and Wildlife
18 Conservation Commission who shall be appointed by the
19 executive director of the commission.
20 5. A representative of the Division of Law Enforcement
21 of the Department of Environmental Protection who shall be
22 appointed by the secretary of the department.
23 6. A representative of the Department of Corrections
24 who shall be appointed by the secretary of the department.
25 7. A representative of the Division of State Fire
26 Marshal of the Department of Insurance who shall be appointed
27 by the State Fire Marshal.
28 8. A representative of the Department of
29 Transportation who shall be appointed by the secretary of the
30 department.
31
34
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (b) Each appointed member of the joint task force
2 shall serve at the pleasure of the appointing official. Any
3 vacancy on the joint task force shall be filled in the same
4 manner as the original appointment.
5 (c) The joint task force shall elect a chair from
6 among its members to serve a 1-year term. A vacancy in the
7 chair of the joint task force must be filled for the remainder
8 of the unexpired term by an election of the joint task force
9 members.
10 (d) The joint task force shall meet as necessary, but
11 at least quarterly, at the call of the chair and at the time
12 and place designated by him or her.
13 (e) The per diem and travel expenses incurred by a
14 member of the joint task force in attending its meetings and
15 in attending to its affairs shall be paid pursuant to s.
16 112.061, from funds budgeted to the state agency that the
17 member represents.
18 (f) The State Technology Office of the Department of
19 Management Services is hereby authorized to rent or lease
20 space on any tower under its control. The office department
21 may also rent, lease, or sublease ground space as necessary to
22 locate equipment to support antennae on the towers. The costs
23 for use of such space shall be established by the office
24 department for each site, when it is determined to be
25 practicable and feasible to make space available. The office
26 department may refuse to lease space on any tower at any site.
27 All moneys collected by the office department for such rents,
28 leases, and subleases shall be deposited directly into the
29 State Agency Law Enforcement Radio System Trust Fund and may
30 be used by the office department to construct, maintain, or
31 support the system.
35
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (g) The State Technology Office of the Department of
2 Management Services is hereby authorized to rent, lease, or
3 sublease ground space on lands acquired by the office
4 department for the construction of privately owned or publicly
5 owned towers. The office department may, as a part of such
6 rental, lease, or sublease agreement, require space on said
7 tower or towers for antennae as may be necessary for the
8 construction and operation of the state agency law enforcement
9 radio system or any other state need. The positions necessary
10 for the office department to accomplish its duties under this
11 paragraph and paragraph (f) shall be established in the
12 General Appropriations Act and shall be funded by the State
13 Agency Law Enforcement Radio System Trust Fund.
14 (3) Upon appropriation, moneys in the trust fund may
15 be used by the office department to acquire by competitive
16 procurement the equipment; software; and engineering,
17 administrative, and maintenance services it needs to
18 construct, operate, and maintain the statewide radio system.
19 Moneys in the trust fund collected as a result of the
20 surcharges set forth in ss. 320.0802 and 328.72 shall be used
21 to help fund the costs of the system. Upon completion of the
22 system, moneys in the trust fund may also be used by the
23 office department to provide for payment of the recurring
24 maintenance costs of the system. Moneys in the trust fund may
25 be appropriated to maintain and enhance, over and above
26 existing agency budgets, existing radio equipment systems of
27 the state agencies represented by the task force members, in
28 an amount not to exceed 10 percent per year per agency, of the
29 existing radio equipment inventory until the existing radio
30 equipment can be replaced pursuant to implementation of the
31 statewide radio communications system.
36
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (4)(a) The joint task force, shall establish policies,
2 procedures, and standards which shall be incorporated into a
3 comprehensive management plan for the use and operation of the
4 statewide radio communications system.
5 (b) The joint task force shall have the authority to
6 permit other state agencies to use the communications system,
7 under terms and conditions established by the joint task
8 force.
9 (5)(a) The State Technology Office of the Department
10 of Management Services shall provide technical support to the
11 joint task force and shall bear the overall responsibility for
12 the design, engineering, acquisition, and implementation of
13 the statewide radio communications system and for ensuring the
14 proper operation and maintenance of all system common
15 equipment.
16 (b) The positions necessary for the office department
17 to accomplish its duties under this section shall be
18 established through the budgetary process and shall be funded
19 by the State Agency Law Enforcement Radio System Trust Fund.
20 Section 12. Section 282.111, Florida Statutes, is
21 amended to read:
22 282.111 Statewide system of regional law enforcement
23 communications.--
24 (1) It is the intent and purpose of the Legislature
25 that a statewide system of regional law enforcement
26 communications be developed whereby maximum efficiency in the
27 use of existing radio channels is achieved in order to deal
28 more effectively with the apprehension of criminals and the
29 prevention of crime generally. To this end, all law
30 enforcement agencies within the state are directed to provide
31 the State Technology Office of the Department of Management
37
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 Services with any information the office department requests
2 for the purpose of implementing the provisions of subsection
3 (2).
4 (2) The State Technology Office of the Department of
5 Management Services is hereby authorized and directed to
6 develop and maintain a statewide system of regional law
7 enforcement communications. In formulating such a system, the
8 office department shall divide the state into appropriate
9 regions and shall develop a program which shall include, but
10 not be limited to, the following provisions:
11 (a) The communications requirements for each county
12 and municipality comprising the region.
13 (b) An interagency communications provision which
14 shall depict the communication interfaces between municipal,
15 county, and state law enforcement entities which operate
16 within the region.
17 (c) Frequency allocation and use provision which shall
18 include, on an entity basis, each assigned and planned radio
19 channel and the type of operation, simplex, duplex, or
20 half-duplex, on each channel.
21 (3) The office department shall adopt any necessary
22 rules and regulations for implementing and coordinating the
23 statewide system of regional law enforcement communications.
24 (4) The Chief Information Officer of the State
25 Technology Office Secretary of Management Services or his or
26 her designee is designated as the director of the statewide
27 system of regional law enforcement communications and, for the
28 purpose of carrying out the provisions of this section, is
29 authorized to coordinate the activities of the system with
30 other interested state agencies and local law enforcement
31 agencies.
38
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (5) No law enforcement communications system shall be
2 established or present system expanded without the prior
3 approval of the State Technology Office of the Department of
4 Management Services.
5 (6) Within the limits of its capability, the
6 Department of Law Enforcement is encouraged to lend assistance
7 to the State Technology Office of the Department of Management
8 Services in the development of the statewide system of
9 regional law enforcement communications proposed by this
10 section.
11 Section 13. Section 282.20, Florida Statutes, is
12 amended to read:
13 282.20 Technology Resource Center.--
14 (1)(a) The State Technology Office Division of
15 Information Services of the Department of Management Services
16 shall operate and manage the Technology Resource Center.
17 (b) For the purposes of this section, the term:
18 1. "Office" "Department" means the State Technology
19 Office of the Department of Management Services.
20 2. "Division" means the Division of Information
21 Services of the Department of Management Services.
22 2.3. "Information-system utility" means a full-service
23 information-processing facility offering hardware, software,
24 operations, integration, networking, and consulting services.
25 3.4. "Customer" means a state agency or other entity
26 which is authorized to utilize the SUNCOM Network pursuant to
27 this part.
28 (2) The division and the Technology Resource Center
29 shall:
30 (a) Serve the office department and other customers as
31 an information-system utility.
39
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (b) Cooperate with the Information Resource Commission
2 and with other customers to offer, develop, and support a wide
3 range of services and applications needed by users of the
4 Technology Resource Center.
5 (c) Cooperate with the Florida Legal Resource Center
6 of the Department of Legal Affairs and other state agencies to
7 develop and provide access to repositories of legal
8 information throughout the state.
9 (d) Cooperate with the office Division of
10 Communications of the department to facilitate
11 interdepartmental networking and integration of network
12 services for its customers.
13 (e) Assist customers in testing and evaluating new and
14 emerging technologies that could be used to meet the needs of
15 the state.
16 (3) The office division may contract with customers to
17 provide any combination of services necessary for agencies to
18 fulfill their responsibilities and to serve their users.
19 (4) Acceptance of any new customer other than a state
20 agency which is expected to pay during the initial 12 months
21 of use more than 5 percent of the previous year's revenues of
22 the Technology Resource Center shall be contingent upon
23 approval of the Office of Planning and Budgeting in a manner
24 similar to the budget amendment process in s. 216.181.
25 (5) The Technology Resource Center may plan, design,
26 establish pilot projects for, and conduct experiments with
27 information technology resources, and may implement
28 enhancements in services when such implementation is
29 cost-effective. Funding for experiments and pilot projects
30 shall be derived from service revenues and may not exceed 5
31 percent of the service revenues for the Technology Resource
40
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 Center for any single fiscal year. Any experiment, pilot
2 project, plan, or design must be approved by the Chief
3 Information Officer of the State Technology Office data
4 processing policy 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 Chief Information Officer of the State Technology Office data
11 processing policy board of the center. Any funds remaining in
12 the reserve account at the end of the fiscal year may be
13 carried forward and spent as approved by the Chief Information
14 Officer of the State Technology Office, provided that such
15 approval conforms to any applicable provisions of chapter 216
16 policy board.
17 Section 14. Section 282.21, Florida Statutes, is
18 amended to read:
19 282.21 The State Technology Office of the Department
20 of Management Services' electronic access services.--The State
21 Technology Office of the Department of Management Services may
22 collect fees for providing remote electronic access pursuant
23 to s. 119.085. The fees may be imposed on individual
24 transactions or as a fixed subscription for a designated
25 period of time. All fees collected under this section shall
26 be deposited in the appropriate trust fund of the program or
27 activity that made the remote electronic access available.
28 Section 15. Section 282.22, Florida Statutes, is
29 amended to read:
30
31
41
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 282.22 The State Technology Office of the Department
2 of Management Services production and dissemination of
3 materials and products.--
4 (1) It is the intent of the Legislature that when
5 materials, and products, information, and services are
6 collected or developed by or under the direction of the State
7 Technology Office of the Department of Management Services,
8 through research and development or other efforts, including
9 those subject to copyright, patent, or trademark, they shall
10 be made available for use by state and local government
11 entities at the earliest practicable date and in the most
12 economical and efficient manner possible and consistent with
13 chapter 119.
14 (2) To accomplish this objective the office department
15 is authorized to publish or partner with private sector
16 entities to, produce, or have produced materials and products
17 and to make them readily available for appropriate use. The
18 office department is authorized to charge an amount or receive
19 value-added services adequate to cover the essential cost of
20 producing and disseminating such materials, information,
21 services, or and products and is authorized to sell services,
22 when appropriate, copies for use to any entity who is
23 authorized to use utilize the SUNCOM Network pursuant to this
24 part and to the public.
25 (3) In cases in which the materials or products are of
26 such nature, or the circumstances are such, that it is not
27 practicable or feasible for the office department to produce
28 or have produced materials and products so developed, it is
29 authorized, after review and approval by the Executive Office
30 of the Governor Department of State, to license, lease,
31 assign, sell, or otherwise give written consent to any person,
42
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 firm, or corporation for the manufacture or use thereof, on a
2 royalty basis, or for such other consideration as the office
3 department shall deem proper and in the best interest of the
4 state; the office department is authorized and directed to
5 protect same against improper or unlawful use or infringement
6 and to enforce the collection of any sums due for the
7 manufacture or use thereof by any other party.
8 (4) All proceeds from the sale of such materials and
9 products or other money collected pursuant to this section
10 shall be deposited into the Grants and Donations Trust Fund of
11 the office department and, when properly budgeted as approved
12 by the Legislature and the Executive Office of the Governor,
13 used to pay the cost of producing and disseminating materials
14 and products to carry out the intent of this section.
15 Section 16. Section 282.303, Florida Statutes, is
16 amended to read:
17 282.303 Definitions.--For the purposes of ss.
18 282.303-282.322, the term:
19 (1) "Agency" means those entities described in s.
20 216.011(1)(mm) chapter 216.
21 (2) "State Technology Council" means the council
22 created in s. 282.3091 to develop a statewide vision for, and
23 make recommendations on, information resources management.
24 (2)(3) "Chief Information Officer" means the person
25 appointed by the agency head, in consultation with the State
26 Technology Office, to coordinate and manage the information
27 resources management policies and activities within that
28 agency.
29 (3)(4) "Chief Information Officers Council" means the
30 council created in s. 282.315 to facilitate the sharing and
31
43
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 coordination of information resources management issues and
2 initiatives among the agencies.
3 (4)(5) "State Technology Office" means the office
4 created in s. 282.102 s. 282.3093 to support and coordinate
5 cost-effective deployment of technology and information
6 resources and services across state government specified
7 information resources management activities and to facilitate
8 educational and training opportunities.
9 (5)(6) "Information technology "Data processing
10 hardware" means information technology equipment designed for
11 the automated storage, manipulation, and retrieval of data,
12 voice or video, by electronic or mechanical means, or both,
13 and includes, but is not limited to, central processing units,
14 front-end processing units, including miniprocessors and
15 microprocessors, and related peripheral equipment such as data
16 storage devices, document scanners, data entry, terminal
17 controllers and data terminal equipment, computer-related word
18 processing systems, and equipment and systems for computer
19 networks, personal communication devices, and wireless
20 equipment.
21 (6)(7) "Information technology "Data processing
22 services" means all services that include, but are not limited
23 to, feasibility studies, systems design, software development,
24 enterprise resource planning, application service provision,
25 consulting, or time-sharing services.
26 (7)(8) "Data processing software" means the programs
27 and routines used to employ and control the capabilities of
28 data processing hardware, including, but not limited to,
29 operating systems, compilers, assemblers, utilities, library
30 routines, maintenance routines, applications, and computer
31 networking programs.
44
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (8)(9) "Agency Annual Enterprise Resource Planning and
2 Information Resources Management Report" means the report
3 prepared by the Chief Information Officer of each agency as
4 required by s. 282.3063.
5 (9)(10) "State Annual Report on Enterprise Resource
6 Planning and Information Resources Management" means the
7 report prepared by the State Technology Office as defined in
8 s. 282.3093.
9 (10)(11) "Project" means an undertaking directed at
10 the accomplishment of a strategic objective relating to
11 enterprise information resources management or a specific
12 appropriated program.
13 (11)(12) "Enterprise resource planning and information
14 resources management" means the planning, budgeting,
15 acquiring, developing, organizing, directing, training, and
16 control associated with government information technology
17 resources. The term encompasses information and related
18 resources, as well as the controls associated with their
19 acquisition, development, dissemination, and use.
20 (12)(13) "Information technology resources" means data
21 processing hardware and software and services, communications,
22 supplies, personnel, facility resources, maintenance, and
23 training.
24 (13)(14) "Enterprise Information resources management
25 infrastructure" means the hardware, software, networks, data,
26 human resources, policies, standards, and facilities that are
27 required to support the business processes of an agency or
28 state enterprise.
29 (14)(15) "Technology Review Workgroup" means the
30 workgroup created in s. 216.0446 to review and make
31
45
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 recommendations on agencies' information resources management
2 planning and budgeting proposals.
3 (15)(16) "Total cost" means all costs associated with
4 information resources management projects or initiatives,
5 including, but not limited to, value of hardware, software,
6 service, maintenance, incremental personnel, and facilities.
7 Total cost of a loan or gift of information technology
8 resources to an agency includes the fair market value of the
9 resources, except that the total cost of loans or gifts of
10 information technology resources to state universities to be
11 used in instruction or research does not include fair market
12 value.
13 (16) "Standards" means the use of current, open,
14 nonproprietary, or non-vendor-specific technologies.
15 Section 17. Section 282.3031, Florida Statutes, is
16 amended to read:
17 282.3031 Assignment of information resources
18 management responsibilities.--For purposes of ss.
19 282.303-282.322, to ensure the best management of state
20 information technology resources, and notwithstanding other
21 provisions of law to the contrary, the functions of
22 information resources management are hereby assigned to the
23 Board of Regents as the agency responsible for the development
24 and implementation of policy, planning, management,
25 rulemaking, standards, and guidelines for the State University
26 System; to the State Board of Community Colleges as the agency
27 responsible for establishing and developing rules and policies
28 for the Florida Community College System; to the Supreme Court
29 for the judicial branch; and to each state attorney and public
30 defender; and to the State Technology Office for the agencies
31 within the executive branch of state government.
46
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 Section 18. Subsections (1), (2), (3), (5), (7) and
2 (10) of section 282.3032, Florida Statutes, are amended to
3 read:
4 282.3032 Development and implementation of information
5 systems; guiding principles.--To ensure the best management of
6 the state's information technology resources, the following
7 guiding principles are adopted:
8 (1) Enterprise resource Cooperative planning by state
9 governmental entities is a prerequisite for the effective
10 development and implementation of information systems to
11 enable sharing of data and cost-effective and efficient
12 services to individuals.
13 (2) The enterprise resource planning process, as well
14 as coordination of development efforts, should include all
15 principals from the outset.
16 (3) State governmental entities should be committed to
17 maximizing information sharing and participate in
18 enterprise-wide efforts when appropriate moving away from
19 proprietary positions taken relative to data they collect and
20 maintain.
21 (4) State governmental entities should maximize public
22 access to data, while complying with legitimate security,
23 privacy, and confidentiality requirements.
24 (5) State governmental entities should strive for an
25 integrated electronic system for providing individuals with
26 sharing of information via networks to the extent possible.
27 (7) The redundant capture, storage, and dissemination
28 of data should, insofar as possible, be eliminated.
29 (10) Integration Consistency of data elements should
30 be achieved by establishing standard data definitions, and
31 formats, and integrated electronic systems, when possible.
47
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 Section 19. Section 282.3041, Florida Statutes, is
2 amended to read:
3 282.3041 State agency responsibilities.--The head of
4 each state agency, in consultation with the State Technology
5 Office, is responsible and accountable for enterprise resource
6 planning and information resources management within the
7 agency in accordance with legislative intent and as defined in
8 this part.
9 Section 20. Section 282.3055, Florida Statutes, is
10 amended to read:
11 282.3055 Agency Chief Information Officer;
12 appointment; duties.--
13 (1)(a) To assist the agency head in carrying out the
14 enterprise resource planning and information resources
15 management responsibilities, the agency head shall appoint, in
16 consultation with the State Technology Office, or contract for
17 a Chief Information Officer at a level commensurate with the
18 role and importance of information technology resources in the
19 agency. This position may be full time or part time.
20 (b) The Chief Information Officer must, at a minimum,
21 have knowledge and experience in both management and
22 information technology resources.
23 (2) The duties of the Chief Information Officer
24 include, but are not limited to:
25 (a) Coordinating and facilitating agency enterprise
26 resource planning and information resources management
27 projects and initiatives.
28 (b) Preparing an agency annual report on enterprise
29 resource planning and information resources management
30 pursuant to s. 282.3063.
31
48
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (c) Developing and implementing agency enterprise
2 resource planning and information resources management
3 policies, procedures, and standards, including specific
4 policies and procedures for review and approval of the
5 agency's purchases of information technology resources.
6 (d) Advising agency senior management as to the
7 enterprise resource planning and information resources
8 management needs of the agency for inclusion in planning
9 documents required by law.
10 (e) Assisting in the development and prioritization of
11 the enterprise resource planning and information resources
12 management schedule of the agency's legislative budget
13 request.
14 Section 21. Section 282.3063, Florida Statutes, is
15 amended to read:
16 282.3063 Agency Annual Enterprise Resource Planning
17 and Information Resources Management Report.--
18 (1) By September 1 of each year, and for the State
19 University System within 90 days after completion of the
20 expenditure analysis developed pursuant to s. 240.271(4), each
21 Chief Information Officer shall prepare and submit to the
22 State Technology Office an Agency Annual Enterprise Resource
23 Planning and Information Resources Management Report.
24 Following consultation with the State Technology Office
25 Council and the Chief Information Officers Council, the
26 Executive Office of the Governor and the fiscal committees of
27 the Legislature shall jointly develop and issue instructions
28 for the format and contents of the report.
29 (2) The Agency Annual Enterprise Resource Planning and
30 Information Resources Management Report shall contain, at a
31 minimum, the following:
49
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (a) A forecast of enterprise resource planning and
2 information resources management priorities and initiatives
3 for the ensuing 2 years.
4 (b) A description of the current enterprise resource
5 planning and information resources management infrastructure
6 of the agency and planned changes for the ensuing 2 years.
7 (c) A status report on the major enterprise resource
8 planning and information resources management projects of the
9 agency.
10 (d) An assessment of the progress made toward
11 implementing the prior fiscal year legislative appropriation
12 to the agency for enterprise resource planning and information
13 resources management.
14 (e) The estimated expenditures by the agency for
15 enterprise resource planning and information resources
16 management for the prior fiscal year.
17 (f) An inventory list, by major categories, of the
18 agency information technology resources, which specifically
19 identifies the resources acquired during the previous fiscal
20 year.
21 (g) An assessment of opportunities for the agency to
22 share enterprise resource planning and information resources
23 management projects or initiatives with other governmental or
24 private entities.
25 (h) A list of enterprise resource planning and
26 information resources management issues the agency has
27 identified as statewide issues or critical information
28 resources management issues for which the State Technology
29 Council could provide future leadership or assistance.
30 Section 22. Section 282.3095, Florida Statutes, is
31 created to read:
50
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 282.3095 Task Force on Privacy and Technology.--
2 (1) The State Technology Office shall create a Task
3 Force on Privacy and Technology. The task force shall include
4 professionals in the fields of communications, government, law
5 enforcement, law, marketing, technology, and financial
6 services, including, but not limited to, the Florida
7 Association of Court Clerks and Comptrollers, the Florida
8 Insurance Council, the Society of Consumer Affairs
9 Professionals in Business, the Florida Retail Federation, and
10 the Office of Statewide Prosecution. The task force shall
11 study and make policy recommendations by February 1, 2001 to
12 the Legislature and the Governor which includes, but is not
13 limited to:
14 (a) Privacy issues under the constitutions and laws of
15 the United States and the State of Florida, the Public Records
16 Act, and the advent of the use of advanced technologies.
17 (b) Technology fraud, including, but not limited to,
18 the illegal use of citizens' identities and credit.
19 (c) Balancing the traditional openness of public
20 records in the state with the need to protect the privacy and
21 identity of individuals.
22 (d) The sale of public records to private individuals
23 and companies.
24 (2) The task force shall recommend to the State
25 Technology Office no fewer than three pilot projects designed
26 to further the deployment of electronic access with protection
27 of privacy. The pilot projects shall apply technologies and
28 operating procedures to increase electronic access to public
29 records and to reduce the reliance on paper documents while
30 including safeguards for the protection of privacy rights and
31 confidential information.
51
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (3) In order to carry out its duties and
2 responsibilities, the task force shall hold public meetings
3 necessary to gather the best available knowledge regarding
4 these issues. The State Technology Office shall staff the task
5 force as necessary. The members of the task force shall serve
6 without compensation, but shall be reimbursed for reasonable
7 and necessary expenses of attending the public meetings and
8 performing duties of the task force, including per diem and
9 travel expenses as provided in s. 112.061. Such expenses shall
10 be reimbursed from funds of the Department of Highway Safety
11 and Motor Vehicles. This subsection expires July 1, 2001.
12 Section 23. Section 282.310, Florida Statutes, is
13 amended to read:
14 282.310 State Annual Report on Enterprise Resource
15 Planning and Information Resources Management.--
16 (1) By February January 15 of each year, the State
17 Technology Office shall develop a State Annual Report on
18 Enterprise Resource Planning and Information Resources
19 Management.
20 (2) The State Annual Report on Enterprise Resource
21 Planning and Information Resources Management shall contain,
22 at a minimum, the following:
23 (a) The state vision for enterprise resource planning
24 and information resources management.
25 (b) A forecast of the state enterprise resource
26 planning and information resources management priorities and
27 initiatives for the ensuing 2 years.
28 (c) A summary of major statewide policies recommended
29 by the State Technology Office Council for enterprise resource
30 planning and information resources management.
31
52
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (d) A summary of memoranda issued by the Executive
2 Office of the Governor.
3 (e) An assessment of the overall progress toward an
4 integrated electronic system for deploying government
5 products, services, and information to individuals and
6 businesses and on state enterprise resource planning and
7 information resources management initiatives and priorities
8 for the past fiscal year.
9 (f) A summary of major statewide issues related to
10 improving enterprise resource planning and information
11 resources management by the state.
12 (g) An inventory list, by major categories, of state
13 information technology resources.
14 (h) A summary of the total agency expenditures or
15 descriptions of agreements, contracts, or partnerships for
16 enterprise resource planning and information resources
17 management and of enterprise-wide procurements done by the
18 office on behalf of the state by each state agency.
19 (i) A summary of the opportunities for government
20 agencies or entities to share enterprise resource planning and
21 information resources management projects or initiatives with
22 other governmental or private sector entities.
23 (j) A list of the information resources management
24 issues that have been identified as statewide or critical
25 issues for which the State Technology Council could provide
26 leadership or assistance.
27
28 The state annual report shall also include enterprise resource
29 planning and information resources management information from
30 the annual reports prepared by the Board of Regents for the
31 State University System, from the State Board of Community
53
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 Colleges for the Florida Community College System, from the
2 Supreme Court for the judicial branch, and from the Justice
3 Administrative Commission on behalf of the state attorneys and
4 public defenders. Expenditure information shall be taken from
5 each agency's annual report as well as the annual reports of
6 the Board of Regents, the State Board of Community Colleges,
7 the Supreme Court, and the Justice Administrative Commission.
8 (3) The state annual report shall be made available in
9 writing or through electronic means to the Executive Office of
10 the Governor, the President of the Senate, the Speaker of the
11 House of Representatives, and the Chief Justice of the Supreme
12 Court.
13 Section 24. Section 282.315, Florida Statutes, is
14 amended to read:
15 282.315 Chief Information Officers Council;
16 creation.--The Legislature finds that enhancing communication,
17 consensus building, coordination, and facilitation of
18 statewide enterprise resource planning and information
19 resources management issues is essential to improving state
20 management of such resources.
21 (1) There is created a Chief Information Officers
22 Council to:
23 (a) Enhance communication among the Chief Information
24 Officers of state agencies by sharing enterprise resource
25 planning and information resources management experiences and
26 exchanging ideas.
27 (b) Facilitate the sharing of best practices that are
28 characteristic of highly successful technology organizations,
29 as well as exemplary information technology applications of
30 state agencies.
31
54
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (c) Identify efficiency opportunities among state
2 agencies.
3 (d) Serve as an educational forum for enterprise
4 resource planning and information resources management issues.
5 (e) Assist the State Technology Office Council in
6 identifying critical statewide issues and, when appropriate,
7 make recommendations for solving enterprise resource planning
8 and information resources management deficiencies.
9 (2) Members of the council shall include the Chief
10 Information Officers of all state agencies, including the
11 Chief Information Officers of the agencies and governmental
12 entities enumerated in s. 282.3031, except that there shall be
13 one Chief Information Officer selected by the state attorneys
14 and one Chief Information Officer selected by the public
15 defenders. The chairs, or their designees, of the Geographic
16 Information Board, the Florida Financial Management
17 Information System Coordinating Council, the Criminal and
18 Juvenile Justice Information Systems Council, and the Health
19 Information Systems Council shall represent their respective
20 organizations on the Chief Information Officers Council as
21 voting members.
22 (3) The State Technology Office shall provide
23 administrative support to the council.
24 Section 25. Section 282.318, Florida Statutes, is
25 amended to read:
26 282.318 Security of data and information technology
27 resources.--
28 (1) This section may be cited as the "Security of Data
29 and Information Technology Resources Act."
30 (2)(a) Each agency head, in consultation with the
31 State Technology Office, is responsible and accountable for
55
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 assuring an adequate level of security for all data and
2 information technology resources of the agency and, to carry
3 out this responsibility, shall, at a minimum:
4 1. Designate an information security manager who shall
5 administer the security program of the agency for its data and
6 information technology resources.
7 2. Conduct, and periodically update, a comprehensive
8 risk analysis to determine the security threats to the data
9 and information technology resources of the agency. The risk
10 analysis information is confidential and exempt from the
11 provisions of s. 119.07(1), except that such information shall
12 be available to the Auditor General in performing his or her
13 postauditing duties.
14 3. Develop, and periodically update, written internal
15 policies and procedures to assure the security of the data and
16 information technology resources of the agency. The internal
17 policies and procedures which, if disclosed, could facilitate
18 the unauthorized modification, disclosure, or destruction of
19 data or information technology resources are confidential
20 information and exempt from the provisions of s. 119.07(1),
21 except that such information shall be available to the Auditor
22 General in performing his or her postauditing duties.
23 4. Implement appropriate cost-effective safeguards to
24 reduce, eliminate, or recover from the identified risks to the
25 data and information technology resources of the agency.
26 5. Ensure that periodic internal audits and
27 evaluations of the security program for the data and
28 information technology resources of the agency are conducted.
29 The results of such internal audits and evaluations are
30 confidential information and exempt from the provisions of s.
31 119.07(1), except that such information shall be available to
56
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 the Auditor General in performing his or her postauditing
2 duties.
3 6. Include appropriate security requirements, as
4 determined by the agency, in the written specifications for
5 the solicitation of information technology resources.
6 (b) In those instances in which the State Technology
7 Office of the Department of Management Services develops state
8 contracts for use by state agencies, the department shall
9 include appropriate security requirements in the
10 specifications for the solicitation for state contracts for
11 procuring information technology resources.
12 Section 26. Subsections (2), (3), (4), (6), (7), and
13 (8) of section 282.404, Florida Statutes, are amended to read:
14 282.404 Geographic information board; definition;
15 membership; creation; duties; advisory council; membership;
16 duties.--
17 (2)(a) The Florida Geographic Information Board is
18 created in the State Technology Executive Office of the
19 Governor. The purpose of the board is to facilitate the
20 identification, coordination, collection, and sharing of
21 geographic information among federal, state, regional, and
22 local agencies, and the private sector. The board shall
23 develop solutions, policies, and standards to increase the
24 value and usefulness of geographic information concerning
25 Florida. In formulating and developing solutions, policies,
26 and standards, the board shall provide for and consider input
27 from other public agencies, such as the state universities,
28 large and small municipalities, urban and rural county
29 governments, and the private sector.
30 (b) The Geographic Information Board may issue
31 guidelines on recommended best practices, including
57
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 recommended policies and standards, for the identification,
2 coordination, collection, and sharing of geographic
3 information.
4 (c) The Geographic Information Board may contract for,
5 accept, and make gifts, grants, loans, or other aid from and
6 to any other governmental entity and to any person. Members
7 may contribute, and the board may receive and expend, funds
8 for board initiatives.
9 (3) The board consists of the Chief Information
10 Officer in the State Technology Office Director of Planning
11 and Budgeting within the Executive Office of the Governor, the
12 executive director of the Fish and Wildlife Conservation
13 Commission, the executive director of the Department of
14 Revenue, and the State Cadastral Surveyor, as defined in s.
15 177.503, or their designees, and the heads of the following
16 agencies, or their designees: the Department of Agriculture
17 and Consumer Services, the Department of Community Affairs,
18 the Department of Environmental Protection, the Department of
19 Transportation, and the Board of Professional Surveyors and
20 Mappers. The Governor shall appoint to the board one member
21 each to represent the counties, municipalities, regional
22 planning councils, water management districts, and county
23 property appraisers. The Governor shall initially appoint two
24 members to serve 2-year terms and three members to serve
25 4-year terms. Thereafter, the terms of all appointed members
26 must be 4 years and the terms must be staggered. Members may
27 be appointed to successive terms and incumbent members may
28 continue to serve the board until a new appointment is made.
29 (4) The Chief Information Officer in the State
30 Technology Office Director of Planning and Budgeting of the
31 Executive Office of the Governor, or his or her designee,
58
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 shall serve as the chair of the board. A majority of the
2 membership of the board constitutes a quorum for the conduct
3 of business. The board shall meet at least twice each year,
4 and the chair may call a meeting of the board as often as
5 necessary to transact business. Administrative and clerical
6 support to the board shall be provided by the State Technology
7 Office of the Department of Management Services.
8 (6) The Florida Geographic Information Advisory
9 Council is created in the State Technology Office Executive
10 Office of the Governor to provide technical assistance and
11 recommendations to the board.
12 (7) The Geographic Information Advisory Council
13 consists of one member each from the State Technology Office
14 Office of Planning and Budgeting within the Executive Office
15 of the Governor, the Fish and Wildlife Conservation
16 Commission, the Department of Revenue, the Department of
17 Agriculture and Consumer Services, the Department of Community
18 Affairs, the Department of Environmental Protection, the
19 Department of Transportation, the State Cadastral Surveyor,
20 the Board of Professional Surveyors and Mappers, counties,
21 municipalities, regional planning councils, water management
22 districts, and property appraisers, as appointed by the
23 corresponding member of the board, and the State Geologist.
24 The Governor shall appoint to the council one member each, as
25 recommended by the respective organization, to represent the
26 Department of Children and Family Services, the Department of
27 Health, the Florida Survey and Mapping Society, Florida Region
28 of the American Society of Photogrammetry and Remote Sensing,
29 Florida Association of Cadastral Mappers, the Florida
30 Association of Professional Geologists, Florida Engineering
31 Society, Florida Chapter of the Urban and Regional Information
59
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 Systems Association, the forestry industry, the State
2 University System survey and mapping academic research
3 programs, and State University System geographic information
4 systems academic research programs; and two members
5 representing utilities, one from a regional utility, and one
6 from a local or municipal utility. These persons must have
7 technical expertise in geographic information issues. The
8 Governor shall initially appoint six members to serve 2-year
9 terms and six members to serve 4-year terms. Thereafter, the
10 terms of all appointed members must be 4 years and must be
11 staggered. Members may be appointed to successive terms, and
12 incumbent members may continue to serve the council until a
13 successor is appointed. Representatives of the Federal
14 Government may serve as ex officio members without voting
15 rights.
16 (8) A majority of the membership constitutes a quorum
17 for the conduct of business and shall elect the chair of the
18 advisory council biennially. The council shall meet at least
19 twice a year, and the chair may call meetings as often as
20 necessary to transact business or as directed by the board.
21 The chair, or his or her designee, shall attend all board
22 meetings on behalf of the council. Administrative and clerical
23 support shall be provided by the State Technology Office of
24 the Department of Management Services.
25 Section 27. Paragraph (b) of subsection (1) and
26 paragraph (o) of subsection (3) of section 119.07, Florida
27 Statutes, are amended to read:
28 119.07 Inspection, examination, and duplication of
29 records; exemptions.--
30 (b) If the nature or volume of public records
31 requested to be inspected, examined, or copied pursuant to
60
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 this subsection is such as to require extensive use of
2 information technology resources or extensive clerical or
3 supervisory assistance by personnel of the agency involved, or
4 both, the agency may charge, in addition to the actual cost of
5 duplication, a special service charge, which shall be
6 reasonable and shall be based on the cost incurred for such
7 extensive use of information technology resources or the labor
8 cost of the personnel providing the service that is actually
9 incurred by the agency or attributable to the agency for the
10 clerical and supervisory assistance required, or both.
11 "Information technology resources" shall have the same meaning
12 as in s. 282.303(12) s. 282.303(13).
13 (3)
14 (o) Data processing software obtained by an agency
15 under a licensing agreement which prohibits its disclosure and
16 which software is a trade secret, as defined in s. 812.081,
17 and agency-produced data processing software which is
18 sensitive are exempt from the provisions of subsection (1) and
19 s. 24(a), Art. I of the State Constitution. The designation
20 of agency-produced software as sensitive shall not prohibit an
21 agency head from sharing or exchanging such software with
22 another public agency. As used in this paragraph:
23 1. "Data processing software" has the same meaning as
24 in s. 282.303(7) s. 282.303(8).
25 2. "Sensitive" means only those portions of data
26 processing software, including the specifications and
27 documentation, used to:
28 a. Collect, process, store, and retrieve information
29 which is exempt from the provisions of subsection (1);
30
31
61
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 b. Collect, process, store, and retrieve financial
2 management information of the agency, such as payroll and
3 accounting records; or
4 c. Control and direct access authorizations and
5 security measures for automated systems.
6 Section 28. 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 "information technology resources" has the same meaning
12 ascribed in s. 282.303(12) s. 282.303(13).
13 Section 29. Sections 282.3091 and 282.3093, Florida
14 Statutes, are repealed.
15 Section 30. Subsections (1), (2), and (3) of section
16 215.322, Florida Statutes, are amended to read:
17 215.322 Acceptance of credit cards, charge cards, or
18 debit cards by state agencies, units of local government, and
19 the judicial branch.--
20 (1) It is the intent of the Legislature to encourage
21 state agencies, the judicial branch and units of local
22 government to make their goods, services, and information more
23 convenient to the public through the and to reduce the
24 administrative costs of government by acceptance of payments
25 by credit cards, charge cards, and debit cards to the maximum
26 extent practicable when the benefits to the participating
27 agency and the public substantiate the cost of accepting these
28 types of payments.
29 (2) A state agency as defined in s. 216.011, or the
30 judicial branch, may accept credit cards, charge cards, or
31 debit cards in payment for goods and services upon the
62
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 recommendation of the Office of Planning and Budgeting and
2 with the prior approval of the Treasurer. When the Internet or
3 other related electronic methods are to be used as the
4 collection medium, the State Technology Office shall review
5 and recommend to the Treasurer whether to approve the request
6 with regard to the process or procedure to be used.
7 (3) The Treasurer shall adopt rules governing the
8 establishment and acceptance of credit cards, charge cards, or
9 debit cards by state agencies or the judicial branch,
10 including, but not limited to, the following:
11 (a) Utilization of a standardized contract between the
12 financial institution or other appropriate intermediaries and
13 the agency or judicial branch which shall be developed by the
14 Treasurer or approval by the Treasurer of a substitute
15 agreement.
16 (b) Procedures which permit an agency or officer
17 accepting payment by credit card, charge card, or debit card
18 to impose a convenience fee upon the person making the
19 payment. However, the total amount of such convenience fees
20 shall not exceed the total cost to the state agency of
21 contracting for such card services. A convenience fee is not
22 refundable to the payor. Notwithstanding the foregoing, this
23 section shall not be construed to permit surcharges on any
24 other credit card purchase in violation of s. 501.0117.
25 (c) All service fees payable pursuant to this section
26 when practicable shall be invoiced and paid by state warrant
27 or such other manner that is satisfactory to the Comptroller
28 in accordance with the time periods specified in s. 215.422.
29 (d) Submission of information to the Treasurer
30 concerning the acceptance of credit cards, charge cards, or
31 debit cards by all state agencies or the judicial branch.
63
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 (e) A methodology for agencies to use when completing
2 the cost-benefit analysis referred to in subsection (1). The
3 methodology must consider all quantifiable cost reductions,
4 other benefits to the agency, and potential impact on general
5 revenue. The methodology must also consider nonquantifiable
6 benefits such as the convenience to individuals and businesses
7 that would benefit from the ability to pay for state goods and
8 services through the use of credit cards, charge cards, and
9 debit cards.
10 Section 31. Subsections (5), (11), and (15) of section
11 287.012, Florida Statutes, are amended to read:
12 287.012 Definitions.--The following definitions shall
13 apply in this part:
14 (5) "Competitive sealed bids" or "competitive sealed
15 proposals" refers to the receipt of two or more sealed bids or
16 proposals submitted by responsive and qualified bidders or
17 offerors and includes bids or proposals transmitted by
18 electronic means in lieu of or in addition to written bids or
19 proposals.
20 (11) "Invitation to bid" means a written solicitation
21 for competitive sealed bids with the title, date, and hour of
22 the public bid opening designated and specifically defining
23 the commodity, group of commodities, or services for which
24 bids are sought. It includes instructions prescribing all
25 conditions for bidding and shall be distributed to all
26 prospective bidders simultaneously. The invitation to bid is
27 used when the agency is capable of specifically defining the
28 scope of work for which a contractual service is required or
29 when the agency is capable of establishing precise
30 specifications defining the actual commodity or group of
31
64
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 commodities required. A written solicitation includes a
2 solicitation published or transmitted by electronic means.
3 (15) "Request for proposals" means a written
4 solicitation for competitive sealed proposals with the title,
5 date, and hour of the public opening designated. A written
6 solicitation includes a solicitation published or transmitted
7 by electronic means. The request for proposals is used when
8 the agency is incapable of specifically defining the scope of
9 work for which the commodity, group of commodities, or
10 contractual service is required and when the agency is
11 requesting that a qualified offeror propose a commodity, group
12 of commodities, or contractual service to meet the
13 specifications of the solicitation document. A request for
14 proposals includes, but is not limited to, general
15 information, applicable laws and rules, functional or general
16 specifications, statement of work, proposal instructions, and
17 evaluation criteria. Requests for proposals shall state the
18 relative importance of price and any other evaluation
19 criteria.
20 Section 32. Paragraph (a) of subsection (16) of
21 section 287.042, Florida Statutes, is amended to read:
22 287.042 Powers, duties, and functions.--The department
23 shall have the following powers, duties, and functions:
24 (16)(a) To enter into joint agreements with
25 governmental agencies, as defined in s. 163.3164(10), for the
26 purpose of pooling funds for the purchase of commodities,
27 information technology resources, or services that can be used
28 by multiple agencies. However, the department shall may
29 consult with the State Technology Office on joint agreements
30 that involve the purchase of information technology resources.
31 Agencies entering into joint purchasing agreements with the
65
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 department shall authorize the department to contract for such
2 purchases on their behalf.
3 Section 33. Subsection (22) is added to section
4 287.057,Florida Statutes, to read:
5 287.057 Procurement of commodities or contractual
6 services.--
7 (22)(a) The State Technology Office of the department
8 shall develop a program for on-line procurement of commodities
9 and contractual services. Only bidders prequalified as
10 meeting mandatory requirements and qualifications criteria
11 shall be permitted to participate in on-line procurement. The
12 State Technology Office may contract for equipment and
13 services necessary to develop and implement on-line
14 procurement.
15 (b) The State Technology Office may adopt rules,
16 pursuant to ss. 120.536(1) and 120.54, to implement the
17 program for on-line procurement. The rules shall include, but
18 not be limited to:
19 1. Determining the requirements and qualification
20 criteria for prequalifying bidders.
21 2. Establishing the procedures for conducting on-line
22 procurement.
23 3. Establishing the criteria for eligible commodities
24 and contractual services.
25 4. Establishing the procedures for providing access to
26 on-line procurement.
27 Section 34. Creation and implementation of a marketing
28 and image campaign.--
29 (1) Enterprise Florida, Inc., in collaboration with
30 the private sector, shall create a marketing campaign to help
31 attract, develop, and retain information technology businesses
66
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 in this state. The campaign must be coordinated with any
2 existing economic development promotion efforts in this state,
3 and shall be jointly funded from private and public resources.
4 (2) The message of the campaign shall be to increase
5 national and international awareness of this state as a state
6 ideally suited for the successful advancement of the
7 information technology business sector. Marketing strategies
8 shall include development of promotional materials, Internet
9 and print advertising, public relations and media placement,
10 trade show attendance at information technology events, and
11 appropriate followup activities. Efforts to promote this state
12 as a high-technology business leader must include
13 identification and coordination of existing business
14 technology resources, partnerships with economic development
15 organizations and private sector businesses, continued
16 retention and growth of businesses based in this state that
17 produce high-technology products or use high-technology skills
18 for manufacturing, and recruitment of new business in such
19 area.
20 Section 35. Development of an Internet-based system
21 for information technology industry promotion and workforce
22 recruitment.--
23 (1) The Department of Labor and Employment Security
24 shall facilitate efforts to ensure the development and
25 maintenance of a website that promotes and markets the
26 information technology industry in this state. The website
27 shall be designed to inform the public concerning the scope of
28 the information technology industry in the state and shall
29 also be designed to address the workforce needs of the
30 industry. The website shall include, through links or actual
31 content, information concerning information technology
67
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 businesses in this state, including links to such businesses;
2 information concerning employment available at these
3 businesses; and the means by which a jobseeker may post a
4 resume on the website.
5 (2) The Department of Labor and Employment Security
6 shall coordinate with the State Technology Office and the
7 Workforce Development Board of Enterprise Florida, Inc., to
8 ensure links, where feasible and appropriate, to existing job
9 information websites maintained by the state and state
10 agencies and to ensure that information technology positions
11 offered by the state and state agencies are posted on the
12 information technology website.
13 Section 36. Establishment of a network access
14 point.--The state actively supports efforts that enhance the
15 information technology industry in this state, particularly
16 those efforts that increase broadband technology. A critical
17 initiative to enhance this industry in this state is
18 determined to be the development of a network access point,
19 which is defined to be a carrier-neutral, public-private
20 Internet traffic exchange point. The state encourages private
21 information technology businesses to forge partnerships to
22 develop a network access point in this state. Moreover, the
23 state recognizes the importance of a network access point that
24 addresses the needs of small information technology
25 businesses.
26 Section 37. Paragraph (n) is added to subsection (5)
27 of section 212.08, Florida Statutes, to read:
28 212.08 Sales, rental, use, consumption, distribution,
29 and storage tax; specified exemptions.--The sale at retail,
30 the rental, the use, the consumption, the distribution, and
31 the storage to be used or consumed in this state of the
68
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 following are hereby specifically exempt from the tax imposed
2 by this chapter.
3 (5) EXEMPTIONS; ACCOUNT OF USE.--
4 (n) Equipment used to deploy broadband technologies.--
5 1. Beginning July 1, 2000, equipment purchased by a
6 communications service provider that is necessary for use in
7 the deployment of broadband technologies in the state as part
8 of the direct participation by the communications service
9 provider in a network access point, which is defined as a
10 carrier-neutral, public-private Internet traffic exchange
11 point, in this state shall be exempt from the tax imposed by
12 this chapter. This exemption inures to the communications
13 service provider only through a refund of previously paid
14 taxes. A refund shall be authorized upon an affirmative
15 showing by the taxpayer to the satisfaction of the department
16 that the requirements of this paragraph have been met.
17 2. To be entitled to a refund, an eligible
18 communications service provider must file under oath with the
19 department an application that includes:
20 a. The name and address of the communications service
21 provider claiming to be entitled to the refund.
22 b. A specific description of the property for which
23 the exemption is sought, including its serial number or other
24 permanent identification number.
25 c. The location of the property.
26 d. The sales invoice or other proof of purchase of the
27 property, showing the amount of sales tax paid, the date of
28 purchase, and the name and address of the sales tax dealer
29 from whom the property was purchased.
30
31
69
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 3. An application for a refund pursuant to this
2 paragraph must be submitted to the department within 6 months
3 after the eligible property is purchased.
4 4. The provisions of s. 212.095 do not apply to any
5 refund application made pursuant to this paragraph. The
6 department shall adopt rules governing the manner and form of
7 refund applications and may establish guidelines as to the
8 requisites for an affirmative showing of qualification for
9 exemption under this paragraph.
10 5. For purposes of this paragraph:
11 a. "Broadband technology" means packaged technology
12 that has the capability of supporting transmission speeds of
13 at least 1.544 megabits per second in both directions.
14 b. "Communications service provider" means a company
15 that supports or provides individuals and other companies with
16 access to the Internet and other related services.
17 c. "Equipment" includes asynchronous transfer mode
18 switches, digital subscriber line access multiplexers,
19 routers, servers, multiplexers, fiber optic connector
20 equipment, database equipment, and other network equipment
21 used to provide broadband technology and information services.
22 6. Contingent upon annual appropriation, the
23 department may approve refunds up to the amount appropriated
24 for this refund program based on the filing of an application
25 pursuant to this paragraph. No refund shall be made with
26 respect to any application received by the department in any
27 year after the funds appropriated for that year have been
28 exhausted.
29 7. This paragraph is repealed June 30, 2005.
30 Section 38. The sum of $700,000 from non-recurring
31 General Revenue is appropriated for fiscal year 2000-2001 to
70
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 the Department of Revenue to reimburse eligible companies for
2 sales tax payments made on equipment specifically associated
3 with the creation of a network access point. The Department
4 of Revenue is authorized to adopt rules to implement the sales
5 tax refund provisions of this act.
6 Section 39. Subsection (1) of section 556.108, Florida
7 Statutes, is amended to read:
8 556.108 Exemptions.--The notification requirements
9 provided in s. 556.105(1) do not apply to:
10 (1) Any excavation or demolition performed by the
11 owner of single-family residential property; or for such owner
12 by a member operator or an agent of a member operator when
13 such excavation or demolition is made entirely on such land,
14 and only up to a depth of 10 inches; provided due care is used
15 and there is no encroachment on any member operator's
16 right-of-way, easement, or permitted use.
17 Section 40. (1) Subsection (1) of section 350.031,
18 Florida Statutes, is amended to read:
19 350.031 Florida Public Service Commission Nominating
20 Council.--
21 (1) There is created a Florida Public Service
22 Commission Nominating Council consisting of nine members. At
23 least one member of the council must be 60 years of age or
24 older. Three members, including one member of the House of
25 Representatives, shall be appointed by and serve at the
26 pleasure of the Speaker of the House of Representatives; three
27 members, including one member of the Senate, shall be
28 appointed by and serve at the pleasure of the President of the
29 Senate; and three members shall be selected and appointed by a
30 majority vote of the other six members of the council. All
31 terms shall be for 4 years except those members of the House
71
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2000 Legislature CS for CS for SB 1334, 3rd Engrossed
1 and Senate, who shall serve 2-year terms concurrent with the
2 2-year elected terms of House members. Vacancies on the
3 council shall be filled for the unexpired portion of the term
4 in the same manner as original appointments to the council. A
5 member may not be reappointed to the council, except for a
6 member of the House of Representatives or the Senate who may
7 be appointed to two 2-year terms or a person who is appointed
8 to fill the remaining portion of an unexpired term.
9 (2) This section applies to any person who is a member
10 of the Florida Public Service Commission Nominating Council on
11 the effective date of this act.
12 Section 41. If any provision of this act or the
13 application thereof to any person or circumstance is held
14 invalid, the invalidity shall not affect tother provisions or
15 applications of the act which can be given effect without the
16 invalid provision or application, and to this end the
17 provisions of this act are declared severable.
18 Section 42. This act shall take effect July 1, 2000.
19
20
21
22
23
24
25
26
27
28
29
30
31
72