CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Latvala moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 282.005, Florida Statutes, is

18  amended to read:

19         282.005  Legislative findings and intent.--The

20  Legislature finds that:

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

22  and, as such, it should be managed as a valuable state

23  resource.

24         (2)  The state makes significant investments in

25  information technology resources in order to manage

26  information and to provide services to its citizens.

27         (3)  An office must be created to provide support and

28  guidance to enhance the state's use and management of

29  information technology resources and to design, procure, and

30  deploy, on behalf of the state, information technology

31  resources.

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1         (4)  The cost-effective deployment of technology and

 2  information resources by state agencies can best be managed by

 3  a Chief Information Officer.

 4         (5)(3)  The head of each state agency, in consultation

 5  with the State Technology Office, has primary responsibility

 6  and accountability for the planning, budgeting, acquisition,

 7  development, implementation, use, and management of

 8  information technology resources within the agency.

 9         (6)(4)  The expanding need for, use of, and dependence

10  on information technology resources requires focused

11  management attention and managerial accountability by state

12  agencies and the state as a whole.

13         (7)(5)  The agency head, in consultation with the State

14  Technology Office, has primary responsibility for the agency's

15  information technology resources and for their use in

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

17  shall also use its information technology resources in the

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

19  and make use of shared data and related resources whenever

20  appropriate.

21         (8)(6)  The state shall provide, by whatever means is

22  most cost-effective and efficient, the information resources

23  management infrastructure needed to collect, store, and

24  process the state's data and information, provide

25  connectivity, and facilitate the exchange of data and

26  information among both public and private parties.

27         (9)(7)  A necessary part of the state's information

28  resources management infrastructure is a statewide

29  communications system for all types of signals, including

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

31         (10)(8)  To ensure the best management of the state's

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  information technology resources, and notwithstanding other

 2  provisions of law to the contrary, the functions of

 3  information resources management are hereby assigned to the

 4  Board of Regents as the agency responsible for the development

 5  and implementation of policy, planning, management,

 6  rulemaking, standards, and guidelines for the State University

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

 8  responsible for establishing and developing rules and policies

 9  for the Florida Community College System; to the Supreme

10  Court, for the judicial branch; and to each state attorney and

11  public defender; and to the State Technology Office for the

12  executive branch of state government.

13         (11)  Notwithstanding anything to the contrary

14  contained in this act, the State Technology Office shall take

15  no action affecting the supervision or control of the

16  personnel or data-processing equipment that the Comptroller

17  deems necessary for the exercise of his or her official

18  constitutional duties as set forth in s. 4(d) and 4(e) of Art.

19  IV of the State Constitution.

20         (12)  Notwithstanding anything to the contrary

21  contained in this act, the State Technology Office shall take

22  no action affecting the supervision or control of the

23  personnel or data-processing equipment that the Attorney

24  General deems necessary for the exercise of his or her

25  official constitutional duties as set forth in s. 4(c) of Art.

26  IV of the State Constitution.

27         Section 2.  Section 282.101, Florida Statutes, is

28  amended to read:

29         282.101  Construction of terms, "information

30  technology" "communications" or "information technology

31  "communications system."--Any reference in this part to

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  "information technology" "communications" or "information

 2  technology "communications system" means any transmission,

 3  emission, and reception of signs, signals, writings, images,

 4  and sounds of intelligence of any nature by wire, radio,

 5  optical, or other electromagnetic systems and includes all

 6  facilities and equipment owned, leased, or used by all

 7  agencies and political subdivisions of state government, and a

 8  full-service, information-processing facility offering

 9  hardware, software, operations, integration, networking, and

10  consulting services.

11         Section 3.  Section 282.102, Florida Statutes, is

12  amended to read:

13         282.102  Powers and duties of the State Technology

14  Office of the Department of Management Services.--There is

15  created a State Technology Office, administratively placed

16  within the Department of Management Services, which shall be

17  headed by a Chief Information Officer who is appointed by the

18  Governor and is in the Senior Management Service. The office

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

20         (1)  To publish electronically the portfolio of

21  services available from the office department, including

22  pricing information; the policies and procedures of the office

23  department governing usage of available services; and a

24  forecast of the priorities and initiatives for the state

25  communications system for the ensuing 2 years. The office

26  department shall provide a hard copy of its portfolio of

27  services upon request.

28         (2)  To coordinate the purchase, lease, and use of all

29  information technology communications services for state

30  agencies government, including communications services

31  provided as part of any other total system to be used by the

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  state or any of its agencies.

 2         (3)  To advise and render aid to state agencies and

 3  political subdivisions of the state as to systems or methods

 4  to be used for organizing and meeting information technology

 5  communications requirements efficiently and effectively.

 6         (4)  To integrate consolidate the information

 7  technology communications systems and services of state

 8  agencies and to provide for their joint use by the agencies

 9  when determined by the department to be economically efficient

10  or performance-effective.

11         (5)  To adopt technical standards for the state

12  information technology communications system which will assure

13  the interconnection of computer networks and information

14  systems of state agencies.

15         (6)  To assume management responsibility for any

16  integrated information technology consolidated communications

17  system or service when determined by the office department to

18  be economically efficient or performance-effective.

19         (7)  To enter into agreements for the support and use

20  of the information technology communications services of state

21  agencies and of political subdivisions of the state.

22         (8)  To use or acquire, with agency concurrence,

23  information technology communications facilities now owned or

24  operated by any state agency.

25         (9)  To standardize policies and procedures for the use

26  of such services.

27         (10)  To purchase from or contract with information

28  technology providers suppliers and communications companies

29  for information technology communications facilities or

30  services, including private line services.

31         (11)  To apply for, receive, and hold, or assist

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  agencies in applying for, receiving, or holding, such

 2  authorizations, licenses, and allocations or channels and

 3  frequencies to carry out the purposes of ss. 282.101-282.109.

 4         (12)  To acquire real estate, equipment, and other

 5  property.

 6         (13)  To cooperate with any federal, state, or local

 7  emergency management agency in providing for emergency

 8  communications services.

 9         (14)  To delegate to state agencies the powers of

10  acquisition and utilization of information technology

11  communications equipment, facilities, and services or to

12  control and approve the purchase, lease, and use of all

13  information technology communications equipment, services, and

14  facilities, including communications services provided as part

15  of any other total system to be used by the state or any of

16  its agencies. This subsection does not apply to the data

17  processing hardware of an agency as defined in this part.

18         (15)  To take ownership, custody, and control of

19  existing communications equipment and facilities, with agency

20  concurrence, including all right, title, interest, and equity

21  therein, to carry out the purposes of ss. 282.101-282.109.

22  However, the provisions of this subsection shall in no way

23  affect the rights, title, interest, or equity in any such

24  equipment or facilities owned by, or leased to, the state or

25  any state agency by any telecommunications company.

26         (16)  To adopt prescribe rules pursuant to ss. 120.54

27  and 120.536(1) relating to information technology and to

28  administer the provisions of this part and regulations for the

29  use of the state communications system.

30         (17)  To provide a means whereby political subdivisions

31  of the state may use the state information technology

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  communications system upon such terms and under such

 2  conditions as the office department may establish.

 3         (18)  To apply for and accept federal funds for any of

 4  the purposes of ss. 282.101-282.109 as well as gifts and

 5  donations from individuals, foundations, and private

 6  organizations.

 7         (19)  To monitor issues relating to communications

 8  facilities and services before the Florida Public Service

 9  Commission and, when necessary, prepare position papers,

10  prepare testimony, appear as a witness, and retain witnesses

11  on behalf of state agencies in proceedings before the

12  commission.

13         (20)  Unless delegated to the agencies by the Chief

14  Information Officer, to manage and control, but not intercept

15  or interpret, communications within the SUNCOM Network by:

16         (a)  Establishing technical standards to physically

17  interface with the SUNCOM Network.

18         (b)  Specifying how communications are transmitted

19  within the SUNCOM Network.

20         (c)  Controlling the routing of communications within

21  the SUNCOM Network.

22         (d)  Establishing standards, policies, and procedures

23  for access to the SUNCOM Network.

24         (e)  Ensuring orderly and reliable communications

25  services in accordance with the standards and policies of all

26  state agencies and the service agreements executed with state

27  agencies.

28         (21)  To plan, design, and conduct experiments for

29  information technology in communications services, equipment,

30  and technologies, and to implement enhancements in the state

31  information technology communications system when in the

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  public interest justified and cost-effective.  Funding for

 2  such experiments shall be derived from SUNCOM Network service

 3  revenues and shall not exceed 21 percent of the annual budget

 4  for the SUNCOM Network for any fiscal year or as provided in

 5  the General Appropriations Act for fiscal year 2000-2001.  New

 6  services offered as a result of this subsection shall not

 7  affect existing rates for facilities or services.

 8         (22)  To enter into contracts or agreements, with or

 9  without competitive bidding or procurement, to make available,

10  on a fair, reasonable, and nondiscriminatory basis, property

11  and other structures under office department control for the

12  placement of new facilities by any wireless provider of mobile

13  service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any

14  telecommunications company as defined in s. 364.02 when it is

15  determined to be practical and feasible to make such property

16  or other structures available. The office department may,

17  without adopting a rule, charge a just, reasonable, and

18  nondiscriminatory fee for the placement of the facilities,

19  payable annually, based on the fair market value of space used

20  by comparable communications facilities in the state. The

21  office department and a wireless provider or

22  telecommunications company may negotiate the reduction or

23  elimination of a fee in consideration of services provided to

24  the office department by the wireless provider or

25  telecommunications company. All such fees collected by the

26  office department shall be deposited directly into the State

27  Agency Law Enforcement Radio System Trust Fund, and may be

28  used by the office department to construct, maintain, or

29  support the system.

30         (23)  To provide an integrated electronic system for

31  deploying government products, services, and information to

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  individuals and businesses.

 2         (a)  The integrated electronic system shall reflect

 3  cost-effective deployment strategies in keeping with industry

 4  standards and practices, including protections of security of

 5  private information as well as maintenance of public records.

 6         (b)  The office shall provide a method for assessing

 7  fiscal accountability for the integrated electronic system and

 8  shall establish the organizational structure required to

 9  implement this system.

10         (24)  To provide administrative support to the Chief

11  Information Officers' Council and other workgroups created by

12  the Chief Information Officer.

13         (25)  To facilitate state information technology

14  education and training for senior management and other agency

15  staff.

16         (26)  To prepare, on behalf of the Executive Office of

17  the Governor, memoranda on recommended guidelines and best

18  practices for information resources management, when

19  requested.

20         (27)  To prepare, publish, and disseminate the State

21  Annual Report on Enterprise Resource Planning and Management

22  under s. 282.310.

23         (28)  To study and make a recommendation to the

24  Governor and Legislature on the feasibility of implementing

25  online voting in this state.

26         Section 4.  Section 282.103, Florida Statutes, is

27  amended to read:

28         282.103  SUNCOM Network; exemptions from the required

29  use.--

30         (1)  There is created within the State Technology

31  Office of the Department of Management Services the SUNCOM

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  Network which shall be developed to serve as the state

 2  communications system for providing local and long-distance

 3  communications services to state agencies, political

 4  subdivisions of the state, municipalities, and nonprofit

 5  corporations pursuant to ss. 282.101-282.111. The SUNCOM

 6  Network shall be developed to transmit all types of

 7  communications signals, including, but not limited to, voice,

 8  data, video, image, and radio. State agencies shall cooperate

 9  and assist in the development and joint use of communications

10  systems and services.

11         (2)  The State Technology Office of the Department of

12  Management Services shall design, engineer, implement, manage,

13  and operate through state ownership, commercial leasing, or

14  some combination thereof, the facilities and equipment

15  providing SUNCOM Network services, and shall develop a system

16  of equitable billings and charges for communication services.

17         (3)  All state agencies are required to use the SUNCOM

18  Network for agency communications services as the services

19  become available; however, no agency is relieved of

20  responsibility for maintaining communications services

21  necessary for effective management of its programs and

22  functions.  If a SUNCOM Network service does not meet the

23  communications requirements of an agency, the agency shall

24  notify the State Technology Office of the Department of

25  Management Services in writing and detail the requirements for

26  that communications service.  If the office department is

27  unable, within 90 days, to meet an agency's requirements by

28  enhancing SUNCOM Network service, the office department shall

29  grant the agency an exemption from the required use of

30  specified SUNCOM Network services.

31         Section 5.  Section 282.104, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  amended to read:

 2         282.104  Use of state SUNCOM Network by

 3  municipalities.--Any municipality may request the State

 4  Technology Office of the Department of Management Services to

 5  provide any or all of the SUNCOM Network's portfolio of

 6  communications services upon such terms and under such

 7  conditions as the department may establish. The requesting

 8  municipality shall pay its share of installation and recurring

 9  costs according to the published rates for SUNCOM Network

10  services and as invoiced by the office department. Such

11  municipality shall also pay for any requested modifications to

12  existing SUNCOM Network services, if any charges apply.

13         Section 6.  Section 282.105, Florida Statutes, is

14  amended to read:

15         282.105  Use of state SUNCOM Network by nonprofit

16  corporations.--

17         (1)  The State Technology Office of the Department of

18  Management Services shall provide a means whereby private

19  nonprofit corporations under contract with state agencies or

20  political subdivisions of the state may use the state SUNCOM

21  Network, subject to the limitations in this section.  In order

22  to qualify to use the state SUNCOM Network, a nonprofit

23  corporation shall:

24         (a)  Expend the majority of its total direct revenues

25  for the provision of contractual services to the state, a

26  municipality, or a political subdivision of the state; and

27         (b)  Receive only a small portion of its total revenues

28  from any source other than a state agency, a municipality, or

29  a political subdivision of the state during the period of time

30  SUNCOM Network services are requested.

31         (2)  Each nonprofit corporation seeking authorization

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  to use the state SUNCOM Network pursuant to this section shall

 2  provide to the office department, upon request, proof of

 3  compliance with subsection (1).

 4         (3)  Nonprofit corporations established pursuant to

 5  general law and an association of municipal governments which

 6  is wholly owned by the municipalities shall be eligible to use

 7  the state SUNCOM Network, subject to the terms and conditions

 8  of the office department.

 9         (4)  Institutions qualified pursuant to s. 240.605

10  shall be eligible to use the state SUNCOM Network, subject to

11  the terms and conditions of the office department. Such

12  entities shall not be required to satisfy the other criteria

13  of this section.

14         (5)  Private, nonprofit elementary and secondary

15  schools shall be eligible for rates and services on the same

16  basis as public schools, providing these nonpublic schools do

17  not have an endowment in excess of $50 million.

18         Section 7.  Section 282.106, Florida Statutes, is

19  amended to read:

20         282.106  Use of SUNCOM Network by libraries.--The State

21  Technology Office of the Department of Management Services may

22  provide SUNCOM Network services to any library in the state,

23  including libraries in public schools, community colleges, the

24  State University System, and nonprofit private postsecondary

25  educational institutions, and libraries owned and operated by

26  municipalities and political subdivisions.

27         Section 8.  Subsections (1) and (2) of section 282.107,

28  Florida Statutes, are amended to read:

29         282.107  SUNCOM Network; criteria for usage.--

30         (1)  The State Technology Office division shall

31  periodically review the qualifications of subscribers using

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  the state SUNCOM Network and shall terminate services provided

 2  to any facility not qualified pursuant to ss. 282.101-282.111

 3  or rules adopted hereunder.  In the event of nonpayment of

 4  invoices by subscribers whose SUNCOM Network invoices are paid

 5  from sources other than legislative appropriations, such

 6  nonpayment represents good and sufficient reason to terminate

 7  service.

 8         (2)  The State Technology Office division shall adopt

 9  rules setting forth its procedures for withdrawing and

10  restoring authorization to use the state SUNCOM Network. Such

11  rules shall provide a minimum of 30 days' notice to affected

12  parties prior to termination of voice communications service.

13         Section 9.  Section 282.1095, Florida Statutes, is

14  amended to read:

15         282.1095  State agency law enforcement radio system.--

16         (1)  The State Technology Office of the Department of

17  Management Services may acquire and implement a statewide

18  radio communications system to serve law enforcement units of

19  state agencies, and to serve local law enforcement agencies

20  through a mutual aid channel. The Joint Task Force on State

21  Agency Law Enforcement Communications is established in the

22  State Technology Office of the Department of Management

23  Services to advise the office department of member-agency

24  needs for the planning, designing, and establishment of the

25  joint system. The State Agency Law Enforcement Radio System

26  Trust Fund is established in the State Technology Office of

27  the Department of Management Services. The trust fund shall be

28  funded from surcharges collected under ss. 320.0802 and

29  328.72.

30         (2)(a)  The Joint Task Force on State Agency Law

31  Enforcement Communications shall consist of eight members, as

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  follows:

 2         1.  A representative of the Division of Alcoholic

 3  Beverages and Tobacco of the Department of Business and

 4  Professional Regulation who shall be appointed by the

 5  secretary of the department.

 6         2.  A representative of the Division of Florida Highway

 7  Patrol of the Department of Highway Safety and Motor Vehicles

 8  who shall be appointed by the executive director of the

 9  department.

10         3.  A representative of the Department of Law

11  Enforcement who shall be appointed by the executive director

12  of the department.

13         4.  A representative of the Fish and Wildlife

14  Conservation Commission who shall be appointed by the

15  executive director of the commission.

16         5.  A representative of the Division of Law Enforcement

17  of the Department of Environmental Protection who shall be

18  appointed by the secretary of the department.

19         6.  A representative of the Department of Corrections

20  who shall be appointed by the secretary of the department.

21         7.  A representative of the Division of State Fire

22  Marshal of the Department of Insurance who shall be appointed

23  by the State Fire Marshal.

24         8.  A representative of the Department of

25  Transportation who shall be appointed by the secretary of the

26  department.

27         (b)  Each appointed member of the joint task force

28  shall serve at the pleasure of the appointing official.  Any

29  vacancy on the joint task force shall be filled in the same

30  manner as the original appointment.

31         (c)  The joint task force shall elect a chair from

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  among its members to serve a 1-year term. A vacancy in the

 2  chair of the joint task force must be filled for the remainder

 3  of the unexpired term by an election of the joint task force

 4  members.

 5         (d)  The joint task force shall meet as necessary, but

 6  at least quarterly, at the call of the chair and at the time

 7  and place designated by him or her.

 8         (e)  The per diem and travel expenses incurred by a

 9  member of the joint task force in attending its meetings and

10  in attending to its affairs shall be paid pursuant to s.

11  112.061, from funds budgeted to the state agency that the

12  member represents.

13         (f)  The State Technology Office of the Department of

14  Management Services is hereby authorized to rent or lease

15  space on any tower under its control. The office department

16  may also rent, lease, or sublease ground space as necessary to

17  locate equipment to support antennae on the towers.  The costs

18  for use of such space shall be established by the office

19  department for each site, when it is determined to be

20  practicable and feasible to make space available. The office

21  department may refuse to lease space on any tower at any site.

22  All moneys collected by the office department for such rents,

23  leases, and subleases shall be deposited directly into the

24  State Agency Law Enforcement Radio System Trust Fund and may

25  be used by the office department to construct, maintain, or

26  support the system.

27         (g)  The State Technology Office of the Department of

28  Management Services is hereby authorized to rent, lease, or

29  sublease ground space on lands acquired by the office

30  department for the construction of privately owned or publicly

31  owned towers. The office department may, as a part of such

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  rental, lease, or sublease agreement, require space on said

 2  tower or towers for antennae as may be necessary for the

 3  construction and operation of the state agency law enforcement

 4  radio system or any other state need. The positions necessary

 5  for the office department to accomplish its duties under this

 6  paragraph and paragraph (f) shall be established in the

 7  General Appropriations Act and shall be funded by the State

 8  Agency Law Enforcement Radio System Trust Fund.

 9         (3)  Upon appropriation, moneys in the trust fund may

10  be used by the office department to acquire by competitive

11  procurement the equipment; software; and engineering,

12  administrative, and maintenance services it needs to

13  construct, operate, and maintain the statewide radio system.

14  Moneys in the trust fund collected as a result of the

15  surcharges set forth in ss. 320.0802 and 328.72 shall be used

16  to help fund the costs of the system.  Upon completion of the

17  system, moneys in the trust fund may also be used by the

18  office department to provide for payment of the recurring

19  maintenance costs of the system.  Moneys in the trust fund may

20  be appropriated to maintain and enhance, over and above

21  existing agency budgets, existing radio equipment systems of

22  the state agencies represented by the task force members, in

23  an amount not to exceed 10 percent per year per agency, of the

24  existing radio equipment inventory until the existing radio

25  equipment can be replaced pursuant to implementation of the

26  statewide radio communications system.

27         (4)(a)  The joint task force, shall establish policies,

28  procedures, and standards which shall be incorporated into a

29  comprehensive management plan for the use and operation of the

30  statewide radio communications system.

31         (b)  The joint task force shall have the authority to

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  permit other state agencies to use the communications system,

 2  under terms and conditions established by the joint task

 3  force.

 4         (5)(a)  The State Technology Office of the Department

 5  of Management Services shall provide technical support to the

 6  joint task force and shall bear the overall responsibility for

 7  the design, engineering, acquisition, and implementation of

 8  the statewide radio communications system and for ensuring the

 9  proper operation and maintenance of all system common

10  equipment.

11         (b)  The positions necessary for the office department

12  to accomplish its duties under this section shall be

13  established through the budgetary process and shall be funded

14  by the State Agency Law Enforcement Radio System Trust Fund.

15         Section 10.  Section 282.111, Florida Statutes, is

16  amended to read:

17         282.111  Statewide system of regional law enforcement

18  communications.--

19         (1)  It is the intent and purpose of the Legislature

20  that a statewide system of regional law enforcement

21  communications be developed whereby maximum efficiency in the

22  use of existing radio channels is achieved in order to deal

23  more effectively with the apprehension of criminals and the

24  prevention of crime generally.  To this end, all law

25  enforcement agencies within the state are directed to provide

26  the State Technology Office of the Department of Management

27  Services with any information the office department requests

28  for the purpose of implementing the provisions of subsection

29  (2).

30         (2)  The State Technology Office of the Department of

31  Management Services is hereby authorized and directed to

                                  17
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  develop and maintain a statewide system of regional law

 2  enforcement communications.  In formulating such a system, the

 3  office department shall divide the state into appropriate

 4  regions and shall develop a program which shall include, but

 5  not be limited to, the following provisions:

 6         (a)  The communications requirements for each county

 7  and municipality comprising the region.

 8         (b)  An interagency communications provision which

 9  shall depict the communication interfaces between municipal,

10  county, and state law enforcement entities which operate

11  within the region.

12         (c)  Frequency allocation and use provision which shall

13  include, on an entity basis, each assigned and planned radio

14  channel and the type of operation, simplex, duplex, or

15  half-duplex, on each channel.

16         (3)  The office department shall adopt any necessary

17  rules and regulations for implementing and coordinating the

18  statewide system of regional law enforcement communications.

19         (4)  The Chief Information Officer of the State

20  Technology Office Secretary of Management Services or his or

21  her designee is designated as the director of the statewide

22  system of regional law enforcement communications and, for the

23  purpose of carrying out the provisions of this section, is

24  authorized to coordinate the activities of the system with

25  other interested state agencies and local law enforcement

26  agencies.

27         (5)  No law enforcement communications system shall be

28  established or present system expanded without the prior

29  approval of the State Technology Office of the Department of

30  Management Services.

31         (6)  Within the limits of its capability, the

                                  18
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  Department of Law Enforcement is encouraged to lend assistance

 2  to the State Technology Office of the Department of Management

 3  Services in the development of the statewide system of

 4  regional law enforcement communications proposed by this

 5  section.

 6         Section 11.  Section 282.20, Florida Statutes, is

 7  amended to read:

 8         282.20  Technology Resource Center.--

 9         (1)(a)  The State Technology Office Division of

10  Information Services of the Department of Management Services

11  shall operate and manage the Technology Resource Center.

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

13         1.  "Office" "Department" means the State Technology

14  Office of the Department of Management Services.

15         2.  "Division" means the Division of Information

16  Services of the Department of Management Services.

17         2.3.  "Information-system utility" means a full-service

18  information-processing facility offering hardware, software,

19  operations, integration, networking, and consulting services.

20         3.4.  "Customer" means a state agency or other entity

21  which is authorized to utilize the SUNCOM Network pursuant to

22  this part.

23         (2)  The division and the Technology Resource Center

24  shall:

25         (a)  Serve the office department and other customers as

26  an information-system utility.

27         (b)  Cooperate with the Information Resource Commission

28  and with other customers to offer, develop, and support a wide

29  range of services and applications needed by users of the

30  Technology Resource Center.

31         (c)  Cooperate with the Florida Legal Resource Center

                                  19
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





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

 2  develop and provide access to repositories of legal

 3  information throughout the state.

 4         (d)  Cooperate with the office Division of

 5  Communications of the department to facilitate

 6  interdepartmental networking and integration of network

 7  services for its customers.

 8         (e)  Assist customers in testing and evaluating new and

 9  emerging technologies that could be used to meet the needs of

10  the state.

11         (3)  The office division may contract with customers to

12  provide any combination of services necessary for agencies to

13  fulfill their responsibilities and to serve their users.

14         (4)  Acceptance of any new customer other than a state

15  agency which is expected to pay during the initial 12 months

16  of use more than 5 percent of the previous year's revenues of

17  the Technology Resource Center shall be contingent upon

18  approval of the Office of Planning and Budgeting in a manner

19  similar to the budget amendment process in s. 216.181.

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

21  establish pilot projects for, and conduct experiments with

22  information technology resources, and may implement

23  enhancements in services when such implementation is

24  cost-effective. Funding for experiments and pilot projects

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

26  percent of the service revenues for the Technology Resource

27  Center for any single fiscal year. Any experiment, pilot

28  project, plan, or design must be approved by the Chief

29  Information Officer of the State Technology Office data

30  processing policy board of the center.

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

                                  20
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  Technology Resource Center may spend the funds in the reserve

 2  account of its working capital trust fund for enhancements to

 3  center operations or for information technology resources. Any

 4  expenditure of reserve account funds must be approved by the

 5  Chief Information Officer of the State Technology Office data

 6  processing policy board of the center. Any funds remaining in

 7  the reserve account at the end of the fiscal year may be

 8  carried forward and spent as approved by the Chief Information

 9  Officer of the State Technology Office, provided that such

10  approval conforms to any applicable provisions of chapter 216

11  policy board.

12         Section 12.  Section 282.21, Florida Statutes, is

13  amended to read:

14         282.21  The State Technology Office of the Department

15  of Management Services' electronic access services.--The State

16  Technology Office of the Department of Management Services may

17  collect fees for providing remote electronic access pursuant

18  to s. 119.085. The fees may be imposed on individual

19  transactions or as a fixed subscription for a designated

20  period of time.  All fees collected under this section shall

21  be deposited in the appropriate trust fund of the program or

22  activity that made the remote electronic access available.

23         Section 13.  Section 282.22, Florida Statutes, is

24  amended to read:

25         282.22  The State Technology Office of the Department

26  of Management Services production and dissemination of

27  materials and products.--

28         (1)  It is the intent of the Legislature that when

29  materials, and products, information, and services are

30  collected or developed by or under the direction of the State

31  Technology Office of the Department of Management Services,

                                  21
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  through research and development or other efforts, including

 2  those subject to copyright, patent, or trademark, they shall

 3  be made available for use by state and local government

 4  entities at the earliest practicable date and in the most

 5  economical and efficient manner possible and consistent with

 6  chapter 119.

 7         (2)  To accomplish this objective the office department

 8  is authorized to publish or partner with private sector

 9  entities to, produce, or have produced materials and products

10  and to make them readily available for appropriate use. The

11  office department is authorized to charge an amount or receive

12  value-added services adequate to cover the essential cost of

13  producing and disseminating such materials, information,

14  services, or and products and is authorized to sell services,

15  when appropriate, copies for use to any entity who is

16  authorized to use utilize the SUNCOM Network pursuant to this

17  part and to the public.

18         (3)  In cases in which the materials or products are of

19  such nature, or the circumstances are such, that it is not

20  practicable or feasible for the office department to produce

21  or have produced materials and products so developed, it is

22  authorized, after review and approval by the Executive Office

23  of the Governor Department of State, to license, lease,

24  assign, sell, or otherwise give written consent to any person,

25  firm, or corporation for the manufacture or use thereof, on a

26  royalty basis, or for such other consideration as the office

27  department shall deem proper and in the best interest of the

28  state; the office department is authorized and directed to

29  protect same against improper or unlawful use or infringement

30  and to enforce the collection of any sums due for the

31  manufacture or use thereof by any other party.

                                  22
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1         (4)  All proceeds from the sale of such materials and

 2  products or other money collected pursuant to this section

 3  shall be deposited into the Grants and Donations Trust Fund of

 4  the office department and, when properly budgeted as approved

 5  by the Legislature and the Executive Office of the Governor,

 6  used to pay the cost of producing and disseminating materials

 7  and products to carry out the intent of this section.

 8         Section 14.  Section 282.303, Florida Statutes, is

 9  amended to read:

10         282.303  Definitions.--For the purposes of ss.

11  282.303-282.322, the term:

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

13  216.011(1)(mm) chapter 216.

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

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

16  make recommendations on, information resources management.

17         (2)(3)  "Chief Information Officer" means the person

18  appointed by the agency head, in consultation with the State

19  Technology Office, to coordinate and manage the information

20  resources management policies and activities within that

21  agency.

22         (3)(4)  "Chief Information Officers Council" means the

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

24  coordination of information resources management issues and

25  initiatives among the agencies.

26         (4)(5)  "State Technology Office" means the office

27  created in s. 282.102 s. 282.3093 to support and coordinate

28  cost-effective deployment of technology and information

29  resources and services across state government specified

30  information resources management activities and to facilitate

31  educational and training opportunities.

                                  23
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1         (5)(6)  "Information technology "Data processing

 2  hardware" means information technology equipment designed for

 3  the automated storage, manipulation, and retrieval of data,

 4  voice or video, by electronic or mechanical means, or both,

 5  and includes, but is not limited to, central processing units,

 6  front-end processing units, including miniprocessors and

 7  microprocessors, and related peripheral equipment such as data

 8  storage devices, document scanners, data entry, terminal

 9  controllers and data terminal equipment, computer-related word

10  processing systems, and equipment and systems for computer

11  networks, personal communication devices, and wireless

12  equipment.

13         (6)(7)  "Information technology "Data processing

14  services" means all services that include, but are not limited

15  to, feasibility studies, systems design, software development,

16  enterprise resource planning, application service provision,

17  consulting, or time-sharing services.

18         (7)(8)  "Data processing software" means the programs

19  and routines used to employ and control the capabilities of

20  data processing hardware, including, but not limited to,

21  operating systems, compilers, assemblers, utilities, library

22  routines, maintenance routines, applications, and computer

23  networking programs.

24         (8)(9)  "Agency Annual Enterprise Resource Planning and

25  Information Resources Management Report" means the report

26  prepared by the Chief Information Officer of each agency as

27  required by s. 282.3063.

28         (9)(10)  "State Annual Report on Enterprise Resource

29  Planning and Information Resources Management" means the

30  report prepared by the State Technology Office as defined in

31  s. 282.3093.

                                  24
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1         (10)(11)  "Project" means an undertaking directed at

 2  the accomplishment of a strategic objective relating to

 3  enterprise information resources management or a specific

 4  appropriated program.

 5         (11)(12)  "Enterprise resource planning and information

 6  resources management" means the planning, budgeting,

 7  acquiring, developing, organizing, directing, training, and

 8  control associated with government information technology

 9  resources. The term encompasses information and related

10  resources, as well as the controls associated with their

11  acquisition, development, dissemination, and use.

12         (12)(13)  "Information technology resources" means data

13  processing hardware and software and services, communications,

14  supplies, personnel, facility resources, maintenance, and

15  training.

16         (13)(14)  "Enterprise Information resources management

17  infrastructure" means the hardware, software, networks, data,

18  human resources, policies, standards, and facilities that are

19  required to support the business processes of an agency or

20  state enterprise.

21         (14)(15)  "Technology Review Workgroup" means the

22  workgroup created in s. 216.0446 to review and make

23  recommendations on agencies' information resources management

24  planning and budgeting proposals.

25         (15)(16)  "Total cost" means all costs associated with

26  information resources management projects or initiatives,

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

28  service, maintenance, incremental personnel, and facilities.

29  Total cost of a loan or gift of information technology

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

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

                                  25
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  information technology resources to state universities to be

 2  used in instruction or research does not include fair market

 3  value.

 4         (16)  "Standards" means the use of current, open,

 5  nonproprietary, or non-vendor-specific technologies.

 6         Section 15.  Section 282.3031, Florida Statutes, is

 7  amended to read:

 8         282.3031  Assignment of information resources

 9  management responsibilities.--For purposes of ss.

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

11  information technology resources, and notwithstanding other

12  provisions of law to the contrary, the functions of

13  information resources management are hereby assigned to the

14  Board of Regents as the agency responsible for the development

15  and implementation of policy, planning, management,

16  rulemaking, standards, and guidelines for the State University

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

18  responsible for establishing and developing rules and policies

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

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

21  defender; and to the State Technology Office for the agencies

22  within the executive branch of state government.

23         Section 16.  Subsections (1), (2), (3), (5), (7) and

24  (10) of section 282.3032, Florida Statutes, are amended to

25  read:

26         282.3032  Development and implementation of information

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

28  the state's information technology resources, the following

29  guiding principles are adopted:

30         (1)  Enterprise resource Cooperative planning by state

31  governmental entities is a prerequisite for the effective

                                  26
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  development and implementation of information systems to

 2  enable sharing of data and cost-effective and efficient

 3  services to individuals.

 4         (2)  The enterprise resource planning process, as well

 5  as coordination of development efforts, should include all

 6  principals from the outset.

 7         (3)  State governmental entities should be committed to

 8  maximizing information sharing and participate in

 9  enterprise-wide efforts when appropriate moving away from

10  proprietary positions taken relative to data they collect and

11  maintain.

12         (4)  State governmental entities should maximize public

13  access to data, while complying with legitimate security,

14  privacy, and confidentiality requirements.

15         (5)  State governmental entities should strive for an

16  integrated electronic system for providing individuals with

17  sharing of information via networks to the extent possible.

18         (7)  The redundant capture, storage, and dissemination

19  of data should, insofar as possible, be eliminated.

20         (10)  Integration Consistency of data elements should

21  be achieved by establishing standard data definitions, and

22  formats, and integrated electronic systems, when possible.

23         Section 17.  Section 282.3041, Florida Statutes, is

24  amended to read:

25         282.3041  State agency responsibilities.--The head of

26  each state agency, in consultation with the State Technology

27  Office, is responsible and accountable for enterprise resource

28  planning and information resources management within the

29  agency in accordance with legislative intent and as defined in

30  this part.

31         Section 18.  Section 282.3055, Florida Statutes, is

                                  27
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  amended to read:

 2         282.3055  Agency Chief Information Officer;

 3  appointment; duties.--

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

 5  enterprise resource planning and information resources

 6  management responsibilities, the agency head shall appoint, in

 7  consultation with the State Technology Office, or contract for

 8  a Chief Information Officer at a level commensurate with the

 9  role and importance of information technology resources in the

10  agency.  This position may be full time or part time.

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

12  have knowledge and experience in both management and

13  information technology resources.

14         (2)  The duties of the Chief Information Officer

15  include, but are not limited to:

16         (a)  Coordinating and facilitating agency enterprise

17  resource planning and information resources management

18  projects and initiatives.

19         (b)  Preparing an agency annual report on enterprise

20  resource planning and information resources management

21  pursuant to s. 282.3063.

22         (c)  Developing and implementing agency enterprise

23  resource planning and information resources management

24  policies, procedures, and standards, including specific

25  policies and procedures for review and approval of the

26  agency's purchases of information technology resources.

27         (d)  Advising agency senior management as to the

28  enterprise resource planning and information resources

29  management needs of the agency for inclusion in planning

30  documents required by law.

31         (e)  Assisting in the development and prioritization of

                                  28
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  the enterprise resource planning and information resources

 2  management schedule of the agency's legislative budget

 3  request.

 4         Section 19.  Section 282.3063, Florida Statutes, is

 5  amended to read:

 6         282.3063  Agency Annual Enterprise Resource Planning

 7  and Information Resources Management Report.--

 8         (1)  By September 1 of each year, and for the State

 9  University System within 90 days after completion of the

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

11  Chief Information Officer shall prepare and submit to the

12  State Technology Office an Agency Annual Enterprise Resource

13  Planning and Information Resources Management Report.

14  Following consultation with the State Technology Office

15  Council and the Chief Information Officers Council, the

16  Executive Office of the Governor and the fiscal committees of

17  the Legislature shall jointly develop and issue instructions

18  for the format and contents of the report.

19         (2)  The Agency Annual Enterprise Resource Planning and

20  Information Resources Management Report shall contain, at a

21  minimum, the following:

22         (a)  A forecast of enterprise resource planning and

23  information resources management priorities and initiatives

24  for the ensuing 2 years.

25         (b)  A description of the current enterprise resource

26  planning and information resources management infrastructure

27  of the agency and planned changes for the ensuing 2 years.

28         (c)  A status report on the major enterprise resource

29  planning and information resources management projects of the

30  agency.

31         (d)  An assessment of the progress made toward

                                  29
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  implementing the prior fiscal year legislative appropriation

 2  to the agency for enterprise resource planning and information

 3  resources management.

 4         (e)  The estimated expenditures by the agency for

 5  enterprise resource planning and information resources

 6  management for the prior fiscal year.

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

 8  agency information technology resources, which specifically

 9  identifies the resources acquired during the previous fiscal

10  year.

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

12  share enterprise resource planning and information resources

13  management projects or initiatives with other governmental or

14  private entities.

15         (h)  A list of enterprise resource planning and

16  information resources management issues the agency has

17  identified as statewide issues or critical information

18  resources management issues for which the State Technology

19  Council could provide future leadership or assistance.

20         Section 20.  Section 282.3095, Florida Statutes, is

21  created to read:

22         282.3095  Task Force on Privacy and Technology.--

23         (1)  The State Technology Office shall create a Task

24  Force on Privacy and Technology. The task force shall include

25  professionals in the fields of communications, government, law

26  enforcement, law, marketing, technology, and financial

27  services, including, but not limited to, the Society of

28  Consumer Affairs Professionals in Business, the Florida Retail

29  Federation, and the Office of Statewide Prosecution. The task

30  force shall study and make policy recommendations by February

31  1, 2001 to the Legislature and the Governor which includes,

                                  30
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  but is not limited to:

 2         (a)  Privacy issues under the constitutions and laws of

 3  the United States and the State of Florida, the Public Records

 4  Act, and the advent of the use of advanced technologies.

 5         (b)  Technology fraud, including, but not limited to,

 6  the illegal use of citizens' identities and credit.

 7         (c)  Balancing the traditional openness of public

 8  records in the state with the need to protect the privacy and

 9  identity of individuals.

10         (d)  The sale of public records to private individuals

11  and companies.

12         (2)  The task force shall recommend to the State

13  Technology Office no fewer than three pilot projects designed

14  to further the deployment of electronic access with protection

15  of privacy. The pilot projects shall apply technologies and

16  operating procedures to increase electronic access to public

17  records and to reduce the reliance on paper documents while

18  including safeguards for the protection of privacy rights and

19  confidential information.

20         (3)  In order to carry out its duties and

21  responsibilities, the task force shall hold public meetings

22  necessary to gather the best available knowledge regarding

23  these issues. The State Technology Office shall staff the task

24  force as necessary. The members of the task force shall serve

25  without compensation, but shall be reimbursed for reasonable

26  and necessary expenses of attending the public meetings and

27  performing duties of the task force, including per diem and

28  travel expenses as provided in s. 112.061. Such expenses shall

29  be reimbursed from funds of the Department of Highway Safety

30  and Motor Vehicles. This subsection expires July 1, 2001.

31         Section 21.  Section 282.310, Florida Statutes, is

                                  31
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  amended to read:

 2         282.310  State Annual Report on Enterprise Resource

 3  Planning and Information Resources Management.--

 4         (1)  By February January 15 of each year, the State

 5  Technology Office shall develop a State Annual Report on

 6  Enterprise Resource Planning and Information Resources

 7  Management.

 8         (2)  The State Annual Report on Enterprise Resource

 9  Planning and Information Resources Management shall contain,

10  at a minimum, the following:

11         (a)  The state vision for enterprise resource planning

12  and information resources management.

13         (b)  A forecast of the state enterprise resource

14  planning and information resources management priorities and

15  initiatives for the ensuing 2 years.

16         (c)  A summary of major statewide policies recommended

17  by the State Technology Office Council for enterprise resource

18  planning and information resources management.

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

20  Office of the Governor.

21         (e)  An assessment of the overall progress toward an

22  integrated electronic system for deploying government

23  products, services, and information to individuals and

24  businesses and on state enterprise resource planning and

25  information resources management initiatives and priorities

26  for the past fiscal year.

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

28  improving enterprise resource planning and information

29  resources management by the state.

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

31  information technology resources.

                                  32
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1         (h)  A summary of the total agency expenditures or

 2  descriptions of agreements, contracts, or partnerships for

 3  enterprise resource planning and information resources

 4  management and of enterprise-wide procurements done by the

 5  office on behalf of the state by each state agency.

 6         (i)  A summary of the opportunities for government

 7  agencies or entities to share enterprise resource planning and

 8  information resources management projects or initiatives with

 9  other governmental or private sector entities.

10         (j)  A list of the information resources management

11  issues that have been identified as statewide or critical

12  issues for which the State Technology Council could provide

13  leadership or assistance.

14

15  The state annual report shall also include enterprise resource

16  planning and information resources management information from

17  the annual reports prepared by the Board of Regents for the

18  State University System, from the State Board of Community

19  Colleges for the Florida Community College System, from the

20  Supreme Court for the judicial branch, and from the Justice

21  Administrative Commission on behalf of the state attorneys and

22  public defenders. Expenditure information shall be taken from

23  each agency's annual report as well as the annual reports of

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

25  the Supreme Court, and the Justice Administrative Commission.

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

27  writing or through electronic means to the Executive Office of

28  the Governor, the President of the Senate, the Speaker of the

29  House of Representatives, and the Chief Justice of the Supreme

30  Court.

31         Section 22.  Section 282.315, Florida Statutes, is

                                  33
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  amended to read:

 2         282.315  Chief Information Officers Council;

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

 4  consensus building, coordination, and facilitation of

 5  statewide enterprise resource planning and information

 6  resources management issues is essential to improving state

 7  management of such resources.

 8         (1)  There is created a Chief Information Officers

 9  Council to:

10         (a)  Enhance communication among the Chief Information

11  Officers of state agencies by sharing enterprise resource

12  planning and information resources management experiences and

13  exchanging ideas.

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

15  characteristic of highly successful technology organizations,

16  as well as exemplary information technology applications of

17  state agencies.

18         (c)  Identify efficiency opportunities among state

19  agencies.

20         (d)  Serve as an educational forum for enterprise

21  resource planning and information resources management issues.

22         (e)  Assist the State Technology Office Council in

23  identifying critical statewide issues and, when appropriate,

24  make recommendations for solving enterprise resource planning

25  and information resources management deficiencies.

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

27  Information Officers of all state agencies, including the

28  Chief Information Officers of the agencies and governmental

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

30  one Chief Information Officer selected by the state attorneys

31  and one Chief Information Officer selected by the public

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





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

 2  Information Board, the Florida Financial Management

 3  Information System Coordinating Council, the Criminal and

 4  Juvenile Justice Information Systems Council, and the Health

 5  Information Systems Council shall represent their respective

 6  organizations on the Chief Information Officers Council as

 7  voting members.

 8         (3)  The State Technology Office shall provide

 9  administrative support to the council.

10         Section 23.  Section 282.318, Florida Statutes, is

11  amended to read:

12         282.318  Security of data and information technology

13  resources.--

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

15  and Information Technology Resources Act."

16         (2)(a)  Each agency head, in consultation with the

17  State Technology Office, is responsible and accountable for

18  assuring an adequate level of security for all data and

19  information technology resources of the agency and, to carry

20  out this responsibility, shall, at a minimum:

21         1.  Designate an information security manager who shall

22  administer the security program of the agency for its data and

23  information technology resources.

24         2.  Conduct, and periodically update, a comprehensive

25  risk analysis to determine the security threats to the data

26  and information technology resources of the agency.  The risk

27  analysis information is confidential and exempt from the

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

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

30  postauditing duties.

31         3.  Develop, and periodically update, written internal

                                  35
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





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

 2  information technology resources of the agency.  The internal

 3  policies and procedures which, if disclosed, could facilitate

 4  the unauthorized modification, disclosure, or destruction of

 5  data or information technology resources are confidential

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

 7  except that such information shall be available to the Auditor

 8  General in performing his or her postauditing duties.

 9         4.  Implement appropriate cost-effective safeguards to

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

11  data and information technology resources of the agency.

12         5.  Ensure that periodic internal audits and

13  evaluations of the security program for the data and

14  information technology resources of the agency are conducted.

15  The results of such internal audits and evaluations are

16  confidential information and exempt from the provisions of s.

17  119.07(1), except that such information shall be available to

18  the Auditor General in performing his or her postauditing

19  duties.

20         6.  Include appropriate security requirements, as

21  determined by the agency, in the written specifications for

22  the solicitation of information technology resources.

23         (b)  In those instances in which the State Technology

24  Office of the Department of Management Services develops state

25  contracts for use by state agencies, the department shall

26  include appropriate security requirements in the

27  specifications for the solicitation for state contracts for

28  procuring information technology resources.

29         Section 24.  Subsections (2), (3), (4), (6), (7), and

30  (8) of section 282.404, Florida Statutes, are amended to read:

31         282.404  Geographic information board; definition;

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  membership; creation; duties; advisory council; membership;

 2  duties.--

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

 4  created in the State Technology Executive Office of the

 5  Governor. The purpose of the board is to facilitate the

 6  identification, coordination, collection, and sharing of

 7  geographic information among federal, state, regional, and

 8  local agencies, and the private sector. The board shall

 9  develop solutions, policies, and standards to increase the

10  value and usefulness of geographic information concerning

11  Florida. In formulating and developing solutions, policies,

12  and standards, the board shall provide for and consider input

13  from other public agencies, such as the state universities,

14  large and small municipalities, urban and rural county

15  governments, and the private sector.

16         (b)  The Geographic Information Board may issue

17  guidelines on recommended best practices, including

18  recommended policies and standards, for the identification,

19  coordination, collection, and sharing of geographic

20  information.

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

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

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

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

25  for board initiatives.

26         (3)  The board consists of the Chief Information

27  Officer in the State Technology Office Director of Planning

28  and Budgeting within the Executive Office of the Governor, the

29  executive director of the Fish and Wildlife Conservation

30  Commission, the executive director of the Department of

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  177.503, or their designees, and the heads of the following

 2  agencies, or their designees: the Department of Agriculture

 3  and Consumer Services, the Department of Community Affairs,

 4  the Department of Environmental Protection, the Department of

 5  Transportation, and the Board of Professional Surveyors and

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

 7  each to represent the counties, municipalities, regional

 8  planning councils, water management districts, and county

 9  property appraisers. The Governor shall initially appoint two

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

11  4-year terms. Thereafter, the terms of all appointed members

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

13  be appointed to successive terms and incumbent members may

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

15         (4)  The Chief Information Officer in the State

16  Technology Office Director of Planning and Budgeting of the

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

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

19  membership of the board constitutes a quorum for the conduct

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

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

22  necessary to transact business. Administrative and clerical

23  support to the board shall be provided by the State Technology

24  Office of the Department of Management Services.

25         (6)  The Florida Geographic Information Advisory

26  Council is created in the State Technology Office Executive

27  Office of the Governor to provide technical assistance and

28  recommendations to the board.

29         (7)  The Geographic Information Advisory Council

30  consists of one member each from the State Technology Office

31  Office of Planning and Budgeting within the Executive Office

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  of the Governor, the Fish and Wildlife Conservation

 2  Commission, the Department of Revenue, the Department of

 3  Agriculture and Consumer Services, the Department of Community

 4  Affairs, the Department of Environmental Protection, the

 5  Department of Transportation, the State Cadastral Surveyor,

 6  the Board of Professional Surveyors and Mappers, counties,

 7  municipalities, regional planning councils, water management

 8  districts, and property appraisers, as appointed by the

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

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

11  recommended by the respective organization, to represent the

12  Department of Children and Family Services, the Department of

13  Health, the Florida Survey and Mapping Society, Florida Region

14  of the American Society of Photogrammetry and Remote Sensing,

15  Florida Association of Cadastral Mappers, the Florida

16  Association of Professional Geologists, Florida Engineering

17  Society, Florida Chapter of the Urban and Regional Information

18  Systems Association, the forestry industry, the State

19  University System survey and mapping academic research

20  programs, and State University System geographic information

21  systems academic research programs; and two members

22  representing utilities, one from a regional utility, and one

23  from a local or municipal utility. These persons must have

24  technical expertise in geographic information issues. The

25  Governor shall initially appoint six members to serve 2-year

26  terms and six members to serve 4-year terms. Thereafter, the

27  terms of all appointed members must be 4 years and must be

28  staggered. Members may be appointed to successive terms, and

29  incumbent members may continue to serve the council until a

30  successor is appointed. Representatives of the Federal

31  Government may serve as ex officio members without voting

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  rights.

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

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

 4  advisory council biennially. The council shall meet at least

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

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

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

 8  meetings on behalf of the council. Administrative and clerical

 9  support shall be provided by the State Technology Office of

10  the Department of Management Services.

11         Section 25.  Paragraph (b) of subsection (1) and

12  paragraph (o) of subsection (3) of section 119.07, Florida

13  Statutes, are amended to read:

14         119.07  Inspection, examination, and duplication of

15  records; exemptions.--

16         (b)  If the nature or volume of public records

17  requested to be inspected, examined, or copied pursuant to

18  this subsection is such as to require extensive use of

19  information technology resources or extensive clerical or

20  supervisory assistance by personnel of the agency involved, or

21  both, the agency may charge, in addition to the actual cost of

22  duplication, a special service charge, which shall be

23  reasonable and shall be based on the cost incurred for such

24  extensive use of information technology resources or the labor

25  cost of the personnel providing the service that is actually

26  incurred by the agency or attributable to the agency for the

27  clerical and supervisory assistance required, or both.

28  "Information technology resources" shall have the same meaning

29  as in s. 282.303(12) s. 282.303(13).

30         (3)

31         (o)  Data processing software obtained by an agency

                                  40
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  under a licensing agreement which prohibits its disclosure and

 2  which software is a trade secret, as defined in s. 812.081,

 3  and agency-produced data processing software which is

 4  sensitive are exempt from the provisions of subsection (1) and

 5  s. 24(a), Art. I of the State Constitution.  The designation

 6  of agency-produced software as sensitive shall not prohibit an

 7  agency head from sharing or exchanging such software with

 8  another public agency.  As used in this paragraph:

 9         1.  "Data processing software" has the same meaning as

10  in s. 282.303(7) s. 282.303(8).

11         2.  "Sensitive" means only those portions of data

12  processing software, including the specifications and

13  documentation, used to:

14         a.  Collect, process, store, and retrieve information

15  which is exempt from the provisions of subsection (1);

16         b.  Collect, process, store, and retrieve financial

17  management information of the agency, such as payroll and

18  accounting records; or

19         c.  Control and direct access authorizations and

20  security measures for automated systems.

21         Section 26.  Subsection (1) of section 287.073, Florida

22  Statutes, is amended to read:

23         287.073  Procurement of information technology

24  resources.--

25         (1)  For the purposes of this section, the term

26  "information technology resources" has the same meaning

27  ascribed in s. 282.303(12) s. 282.303(13).

28         Section 27.  Sections 282.3091 and 282.3093, Florida

29  Statutes, are repealed.

30         Section 28.  This act shall take effect upon becoming a

31  law.

                                  41
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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         Delete everything before the enacting clause

 4

 5  and insert:

 6                      A bill to be entitled

 7         An act relating to information technology

 8         management; amending ss. 282.005, 282.101,

 9         282.102, 282.103, 282.104, 282.105, 282.106,

10         282.107, 282.1095, 282.111, 282.20, 282.21,

11         282.22, 282.303, 282.3031, 282.3032, 282.3041,

12         282.3055, 282.3063, F.S.; providing legislative

13         findings and creating the State Technology

14         Office within the Department of Management

15         Services; providing for the Chief Information

16         Officer to be in charge of the office;

17         requiring the office to provide support and

18         guidance to all state agencies in order to

19         enhance the state's use and management of

20         information technology resources; providing for

21         a study and recommendations concerning online

22         voting; providing for enterprise resource

23         planning and management by each state agency in

24         consultation with the office; creating s.

25         282.3095, F.S.; directing the State Technology

26         Office to create a Task Force on Privacy and

27         Technology; providing for the task force to

28         hold meetings and report to the Legislature and

29         Governor; amending ss. 282.310, 282.315,

30         282.318, 282.404, F.S.; directing the State

31         Technology Office to prepare and disseminate

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                                                  SENATE AMENDMENT

    Bill No. HB 2075, 1st Eng.

    Amendment No.    





 1         the State Annual Report on Enterprise Resource

 2         Planning and Management; transferring the

 3         Florida Geographic Information Board and the

 4         Florida Geographic Information Advisory Council

 5         from the Executive Office of the Governor to

 6         the State Technology Office; amending ss.

 7         119.07, 287.073, F.S.; conforming statutory

 8         cross-references; repealing s. 282.3091, F.S.,

 9         relating to the State Technology Council;

10         repealing s. 282.3093, F.S., relating to the

11         State Technology Office; providing an effective

12         date.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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