House Bill 2075

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    Florida House of Representatives - 2000                HB 2075

        By the Committee on Utilities & Communications and
    Representative Rojas





  1                      A bill to be entitled

  2         An act relating to information technology

  3         management; amending s. 20.22, F.S.;

  4         establishing the State Technology Office within

  5         the Information Technology Program; amending

  6         ss. 282.005, 282.101, 282.102, 282.103,

  7         282.104, 282.105, 282.106, 282.107, 282.1095,

  8         282.111, 282.20, 282.21, 282.22, 282.303,

  9         282.3031, 282.3032, 282.3041, 282.3055, and

10         282.3063, F.S.; providing legislative findings

11         and creating the State Technology Office within

12         the Department of Management Services;

13         providing for a Chief Information Officer to be

14         in charge of the office; requiring the office

15         to provide support and guidance to all state

16         agencies in order to enhance the state's use

17         and management of information technology

18         resources; providing for enterprise resource

19         planning and management by each state agency in

20         consultation with the office; creating s.

21         282.3095, F.S.; directing the State Technology

22         Office to create a Task Force on Privacy and

23         Technology; providing for the task force to

24         hold meetings and report to the Legislature and

25         Governor; amending ss. 282.310, 282.315,

26         282.318, and 282.404, F.S.; directing the State

27         Technology Office to prepare and disseminate

28         the State Annual Report on Enterprise Resource

29         Planning and Management; transferring the

30         Florida Geographic Information Board and the

31         Florida Geographic Information Advisory Council

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  1         from the Executive Office of the Governor to

  2         the State Technology Office; amending ss.

  3         119.07 and 287.073, F.S.; conforming statutory

  4         cross references; amending ss. 216.0446 and

  5         119.083, F.S.; conforming terminology to

  6         changes made by the act; repealing s. 282.3091,

  7         F.S., relating to the State Technology Council;

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

  9         State Technology Office; providing an effective

10         date.

11

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

13

14         Section 1.  Paragraph (b) of subsection (2) and

15  subsections (3) and (4) of section 20.22, Florida Statutes,

16  are amended to read:

17         20.22  Department of Management Services.--There is

18  created a Department of Management Services.

19         (2)  The following divisions and programs within the

20  Department of Management Services are established:

21         (b)  Information Technology Program.

22         1.  State Technology Office.

23         2.  The State Technology Office shall operate and

24  manage the Technology Resource Center.

25         (3)  The Information Technology Program shall operate

26  and manage the Technology Resource Center.

27         (3)(4)  The duties of the Chief Labor Negotiator shall

28  be determined by the Secretary of Management Services, and

29  must include, but need not be limited to, the representation

30  of the Governor as the public employer in collective

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  1  bargaining negotiations pursuant to the provisions of chapter

  2  447.

  3         Section 2.  Paragraph (b) of subsection (1) and

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

  5  Statutes, are amended to read:

  6         119.07  Inspection, examination, and duplication of

  7  records; exemptions.--

  8         (1)

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

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

11  this subsection is such as to require extensive use of

12  information technology resources or extensive clerical or

13  supervisory assistance by personnel of the agency involved, or

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

15  duplication, a special service charge, which shall be

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

17  extensive use of information technology resources or the labor

18  cost of the personnel providing the service that is actually

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

20  clerical and supervisory assistance required, or both.

21  "Information technology resources" shall have the same meaning

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

23         (3)

24         (o)  Data processing software obtained by an agency

25  under a licensing agreement which prohibits its disclosure and

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

27  and agency-produced data processing software which is

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

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

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

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  1  agency head from sharing or exchanging such software with

  2  another public agency.  As used in this paragraph:

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

  4  information technology software in s. 282.303(7)(8).

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

  6  processing software, including the specifications and

  7  documentation, used to:

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

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

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

11  management information of the agency, such as payroll and

12  accounting records; or

13         c.  Control and direct access authorizations and

14  security measures for automated systems.

15         Section 3.  Section 282.005, Florida Statutes, is

16  amended to read:

17         282.005  Legislative findings and intent.--The

18  Legislature finds that:

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

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

21  resource.

22         (2)  The state makes significant investments in

23  information technology resources in order to manage

24  information and to provide services to its citizens.

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

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

27  information technology resources and to design, procure, and

28  deploy, on behalf of the state, information technology

29  resources.

30

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  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.

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  1         (10)(8)  To ensure the best management of the state's

  2  information technology resources, and notwithstanding other

  3  provisions of law to the contrary, the functions of

  4  information resources management are hereby assigned to the

  5  Board of Regents as the agency responsible for the development

  6  and implementation of policy, planning, management,

  7  rulemaking, standards, and guidelines for the State University

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

  9  responsible for establishing and developing rules and policies

10  for the Florida Community College System; to the Supreme

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

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

13  executive branch of state government.

14         Section 4.  Section 282.101, Florida Statutes, is

15  amended to read:

16         282.101  Construction of terms, "information technology

17  communications" or "information technology communications

18  system."--Any reference in this part to "information

19  technology communications" or "information technology

20  communications system" means any transmission, emission, and

21  reception of signs, signals, writings, images, and sounds of

22  intelligence of any nature by wire, radio, optical, or other

23  electromagnetic systems and includes all facilities and

24  equipment owned, leased, or used by all agencies and political

25  subdivisions of state government, and a full-service,

26  information-processing facility offering hardware, software,

27  operations, integration, networking, and consulting services.

28         Section 5.  Section 282.102, Florida Statutes, is

29  amended to read:

30         282.102  Powers and duties of the State Technology

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

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  1  created a State Technology Office, administratively placed

  2  within the Department of Management Services, which shall be

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

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

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

  6         (1)  To publish electronically the portfolio of

  7  services available from the office department, including

  8  pricing information; the policies and procedures of the office

  9  department governing usage of available services; and a

10  forecast of the priorities and initiatives for the state

11  information technology communications system for the ensuing 2

12  years. The office department shall provide a hard copy of its

13  portfolio of services upon request.

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

15  information technology communications services for state

16  government, including information technology communications

17  services provided as part of any other total system to be used

18  by the state or any of its agencies.

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

20  political subdivisions of the state as to systems or methods

21  to be used for organizing and meeting information technology

22  communications requirements efficiently and effectively.

23         (4)  To integrate consolidate the information

24  technology communications systems and services of state

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

26  when determined by the department to be economically efficient

27  or performance-effective.

28         (5)  To adopt technical standards for the state

29  information technology communications system which will assure

30  the interconnection of computer networks and information

31  systems of state agencies.

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  1         (6)  To assume management responsibility for any

  2  integrated information technology consolidated communications

  3  system or service when determined by the office department to

  4  be economically efficient or performance-effective.

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

  6  of the information technology communications services of state

  7  agencies and of political subdivisions of the state.

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

  9  information technology communications facilities now owned or

10  operated by any state agency.

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

12  of such services.

13         (10)  To purchase from or contract with information

14  technology providers suppliers and communications companies

15  for information technology communications facilities or

16  services, including private line services.

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

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

19  authorizations, licenses, and allocations or channels and

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

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

22  property.

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

24  emergency management agency in providing for emergency

25  information technology communications services.

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

27  acquisition and utilization of information technology

28  communications equipment, facilities, and services or to

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

30  information technology communications equipment, services, and

31  facilities, including information technology communications

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  1  services provided as part of any other total system to be used

  2  by the state or any of its agencies.  This subsection does not

  3  apply to the data processing hardware of an agency as defined

  4  in this part.

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

  6  existing information technology communications equipment and

  7  facilities, with agency concurrence, including all right,

  8  title, interest, and equity therein, to carry out the purposes

  9  of ss. 282.101-282.109.  However, the provisions of this

10  subsection shall in no way affect the rights, title, interest,

11  or equity in any such equipment or facilities owned by, or

12  leased to, the state or any state agency by any

13  telecommunications company.

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

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

16  implement the provisions of this part and regulations for the

17  use of the state communications system.

18         (17)  To provide a means whereby political subdivisions

19  of the state may use the state information technology

20  communications system upon such terms and under such

21  conditions as the office department may establish.

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

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

24  donations from individuals, foundations, and private

25  organizations.

26         (19)  To monitor issues relating to information

27  technology communications facilities and services before the

28  Florida Public Service Commission and, when necessary, prepare

29  position papers, prepare testimony, appear as a witness, and

30  retain witnesses on behalf of state agencies in proceedings

31  before the commission.

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

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

  3  or interpret, communications within the SUNCOM Network by:

  4         (a)  Establishing technical standards to physically

  5  interface with the SUNCOM Network.

  6         (b)  Specifying how communications are transmitted

  7  within the SUNCOM Network.

  8         (c)  Controlling the routing of communications within

  9  the SUNCOM Network.

10         (d)  Establishing standards, policies, and procedures

11  for access to the SUNCOM Network.

12         (e)  Ensuring orderly and reliable information

13  technology communications services in accordance with the

14  standards and policies of all state agencies and the service

15  agreements executed with state agencies.

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

17  information technology in communications services, equipment,

18  and technologies, and to implement enhancements in the state

19  information technology communications system when in the

20  public interest justified and cost-effective.  Funding for

21  such experiments shall be derived from SUNCOM Network service

22  revenues and shall not exceed 2 1 percent of the annual budget

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

24  the General Appropriations Act.  New services offered as a

25  result of this subsection shall not affect existing rates for

26  facilities or services.

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

28  without competitive bidding or procurement, to make available,

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

30  and other structures under office department control for the

31  placement of new facilities by any wireless provider of mobile

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

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

  3  determined to be practical and feasible to make such property

  4  or other structures available. The office department may,

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

  6  nondiscriminatory fee for the placement of the facilities,

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

  8  by comparable information technology communications facilities

  9  in the state. The office department and a wireless provider or

10  telecommunications company may negotiate the reduction or

11  elimination of a fee in consideration of services provided to

12  the office department by the wireless provider or

13  telecommunications company. All such fees collected by the

14  office department shall be deposited directly into the State

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

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

17  support the system.

18         (23)  To provide an integrated electronic system for

19  deploying government products, services, and information to

20  individuals and businesses.

21         (a)  The integrated electronic system shall reflect

22  cost-effective deployment strategies in keeping with industry

23  standards and practices, including protections of security of

24  private information as well as maintenance of public records.

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

26  fiscal accountability for the integrated electronic system and

27  shall establish the organizational structure required to

28  implement this system.

29         (24)  To provide administrative support to the Chief

30  Information Officers Council and other workgroups created by

31  the Chief Information Officer.

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  1         (25)  To facilitate state information technology

  2  education and training for senior management and other agency

  3  staff.

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

  5  the Governor, memoranda on recommended guidelines and best

  6  practices for information resources management, when

  7  requested.

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

  9  Annual Report on Enterprise Resource Planning and Management

10  under s. 282.310.

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

12  Governor and the Legislature on the feasibility of

13  implementing on-line voting in this state.

14         Section 6.  Section 282.103, Florida Statutes, is

15  amended to read:

16         282.103  SUNCOM Network; exemptions from the required

17  use.--

18         (1)  There is created within the State Technology

19  Office of the Department of Management Services the SUNCOM

20  Network which shall be developed to serve as the state

21  information technology communications system for providing

22  local and long-distance communications services to state

23  agencies, political subdivisions of the state, municipalities,

24  and nonprofit corporations pursuant to ss. 282.101-282.111.

25  The SUNCOM Network shall be developed to transmit all types of

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

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

28  and assist in the development and joint use of information

29  technology communications systems and services.

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

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

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  1  and operate through state ownership, commercial leasing, or

  2  some combination thereof, the facilities and equipment

  3  providing SUNCOM Network services, and shall develop a system

  4  of equitable billings and charges for information technology

  5  communication services.

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

  7  Network for agency information technology communications

  8  services as the services become available; however, no agency

  9  is relieved of responsibility for maintaining information

10  technology communications services necessary for effective

11  management of its programs and functions.  If a SUNCOM Network

12  service does not meet the information technology

13  communications requirements of an agency, the agency shall

14  notify the State Technology Office of the Department of

15  Management Services in writing and detail the requirements for

16  that information technology communications service.  If the

17  office department is unable, within 90 days, to meet an

18  agency's requirements by enhancing SUNCOM Network service, the

19  office department shall grant the agency an exemption from the

20  required use of specified SUNCOM Network services.

21         Section 7.  Section 282.104, Florida Statutes, is

22  amended to read:

23         282.104  Use of state SUNCOM Network by

24  municipalities.--Any municipality may request the State

25  Technology Office of the Department of Management Services to

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

27  information technology communications services upon such terms

28  and under such conditions as the department may establish. The

29  requesting municipality shall pay its share of installation

30  and recurring costs according to the published rates for

31  SUNCOM Network services and as invoiced by the office

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  1  department. Such municipality shall also pay for any requested

  2  modifications to existing SUNCOM Network services, if any

  3  charges apply.

  4         Section 8.  Section 282.105, Florida Statutes, is

  5  amended to read:

  6         282.105  Use of state SUNCOM Network by nonprofit

  7  corporations.--

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

  9  Management Services shall provide a means whereby private

10  nonprofit corporations under contract with state agencies or

11  political subdivisions of the state may use the state SUNCOM

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

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

14  corporation shall:

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

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

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

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

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

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

21  SUNCOM Network services are requested.

22         (2)  Each nonprofit corporation seeking authorization

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

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

25  compliance with subsection (1).

26         (3)  Nonprofit corporations established pursuant to

27  general law and an association of municipal governments which

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

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

30  of the office department.

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  1         (4)  Institutions qualified pursuant to s. 240.605

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

  3  the terms and conditions of the office department. Such

  4  entities shall not be required to satisfy the other criteria

  5  of this section.

  6         (5)  Private, nonprofit elementary and secondary

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

  8  basis as public schools, providing these nonpublic schools do

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

10         Section 9.  Section 282.106, Florida Statutes, is

11  amended to read:

12         282.106  Use of SUNCOM Network by libraries.--The State

13  Technology Office of the Department of Management Services may

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

15  including libraries in public schools, community colleges, the

16  State University System, and nonprofit private postsecondary

17  educational institutions, and libraries owned and operated by

18  municipalities and political subdivisions.

19         Section 10.  Subsections (1) and (2) of section

20  282.107, Florida Statutes, are amended to read:

21         282.107  SUNCOM Network; criteria for usage.--

22         (1)  The State Technology Office division shall

23  periodically review the qualifications of subscribers using

24  the state SUNCOM Network and shall terminate services provided

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

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

27  invoices by subscribers whose SUNCOM Network invoices are paid

28  from sources other than legislative appropriations, such

29  nonpayment represents good and sufficient reason to terminate

30  service.

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  1         (2)  The State Technology Office division shall adopt

  2  rules setting forth its procedures for withdrawing and

  3  restoring authorization to use the state SUNCOM Network. Such

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

  5  parties prior to termination of voice communications service.

  6         Section 11.  Section 282.1095, Florida Statutes, is

  7  amended to read:

  8         282.1095  State agency law enforcement radio system.--

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

10  Management Services may acquire and implement a statewide

11  radio communications system to serve law enforcement units of

12  state agencies, and to serve local law enforcement agencies

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

14  Agency Law Enforcement Communications is established in the

15  State Technology Office of the Department of Management

16  Services to advise the department of member-agency needs for

17  the planning, designing, and establishment of the joint

18  system. The State Agency Law Enforcement Radio System Trust

19  Fund is established in the State Technology Office of the

20  Department of Management Services. The trust fund shall be

21  funded from surcharges collected under ss. 320.0802 and

22  328.72.

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

24  Enforcement Communications shall consist of eight members, as

25  follows:

26         1.  A representative of the Division of Alcoholic

27  Beverages and Tobacco of the Department of Business and

28  Professional Regulation who shall be appointed by the

29  secretary of the department.

30         2.  A representative of the Division of Florida Highway

31  Patrol of the Department of Highway Safety and Motor Vehicles

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  1  who shall be appointed by the executive director of the

  2  department.

  3         3.  A representative of the Department of Law

  4  Enforcement who shall be appointed by the executive director

  5  of the department.

  6         4.  A representative of the Fish and Wildlife

  7  Conservation Commission who shall be appointed by the

  8  executive director of the commission.

  9         5.  A representative of the Division of Law Enforcement

10  of the Department of Environmental Protection who shall be

11  appointed by the secretary of the department.

12         6.  A representative of the Department of Corrections

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

14         7.  A representative of the Division of State Fire

15  Marshal of the Department of Insurance who shall be appointed

16  by the State Fire Marshal.

17         8.  A representative of the Department of

18  Transportation who shall be appointed by the secretary of the

19  department.

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

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

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

23  manner as the original appointment.

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

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

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

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

28  members.

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

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

31  and place designated by him or her.

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

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

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

  4  112.061, from funds budgeted to the state agency that the

  5  member represents.

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

  7  Management Services is hereby authorized to rent or lease

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

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

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

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

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

13  practicable and feasible to make space available. The office

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

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

16  leases, and subleases shall be deposited directly into the

17  State Agency Law Enforcement Radio System Trust Fund and may

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

19  support the system.

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

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

22  sublease ground space on lands acquired by the office

23  department for the construction of privately owned or publicly

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

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

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

27  construction and operation of the state agency law enforcement

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

29  for the office department to accomplish its duties under this

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

31

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  1  General Appropriations Act and shall be funded by the State

  2  Agency Law Enforcement Radio System Trust Fund.

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

  4  be used by the office department to acquire by competitive

  5  procurement the equipment; software; and engineering,

  6  administrative, and maintenance services it needs to

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

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

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

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

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

12  office department to provide for payment of the recurring

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

14  be appropriated to maintain and enhance, over and above

15  existing agency budgets, existing radio equipment systems of

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

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

18  existing radio equipment inventory until the existing radio

19  equipment can be replaced pursuant to implementation of the

20  statewide radio communications system.

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

22  procedures, and standards which shall be incorporated into a

23  comprehensive management plan for the use and operation of the

24  statewide radio communications system.

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

26  permit other state agencies to use the communications system,

27  under terms and conditions established by the joint task

28  force.

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

30  of Management Services shall provide technical support to the

31  joint task force and shall bear the overall responsibility for

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  1  the design, engineering, acquisition, and implementation of

  2  the statewide radio communications system and for ensuring the

  3  proper operation and maintenance of all system common

  4  equipment.

  5         (b)  The positions necessary for the office department

  6  to accomplish its duties under this section shall be

  7  established through the budgetary process and shall be funded

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

  9         Section 12.  Section 282.111, Florida Statutes, is

10  amended to read:

11         282.111  Statewide system of regional law enforcement

12  communications.--

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

14  that a statewide system of regional law enforcement

15  communications be developed whereby maximum efficiency in the

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

17  more effectively with the apprehension of criminals and the

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

19  enforcement agencies within the state are directed to provide

20  the State Technology Office of the Department of Management

21  Services with any information the office department requests

22  for the purpose of implementing the provisions of subsection

23  (2).

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

25  Management Services is hereby authorized and directed to

26  develop and maintain a statewide system of regional law

27  enforcement communications.  In formulating such a system, the

28  office department shall divide the state into appropriate

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

30  not be limited to, the following provisions:

31

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  1         (a)  The information technology communications

  2  requirements for each county and municipality comprising the

  3  region.

  4         (b)  An interagency communications provision which

  5  shall depict the communication interfaces between municipal,

  6  county, and state law enforcement entities which operate

  7  within the region.

  8         (c)  Frequency allocation and use provision which shall

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

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

11  half-duplex, on each channel.

12         (3)  The office department shall adopt any necessary

13  rules and regulations for implementing and coordinating the

14  statewide system of regional law enforcement communications.

15         (4)  The Chief Information Officer of the State

16  Technology Office Secretary of Management Services or his or

17  her designee is designated as the director of the statewide

18  system of regional law enforcement communications and, for the

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

20  authorized to coordinate the activities of the system with

21  other interested state agencies and local law enforcement

22  agencies.

23         (5)  No law enforcement communications system shall be

24  established or present system expanded without the prior

25  approval of the State Technology Office of the Department of

26  Management Services.

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

28  Department of Law Enforcement is encouraged to lend assistance

29  to the State Technology Office of the Department of Management

30  Services in the development of the statewide system of

31

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  1  regional law enforcement communications proposed by this

  2  section.

  3         Section 13.  Section 282.20, Florida Statutes, is

  4  amended to read:

  5         282.20  Technology Resource Center.--

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

  7  Information Services of the Department of Management Services

  8  shall operate and manage the Technology Resource Center.

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

10         1.  "Office Department" means the State Technology

11  Office of the Department of Management Services.

12         2.  "Division" means the Division of Information

13  Services of the Department of Management Services.

14         2.3.  "Information-system utility" means a full-service

15  information-processing facility offering hardware, software,

16  operations, integration, networking, and consulting services.

17         3.4.  "Customer" means a state agency or other entity

18  which is authorized to utilize the SUNCOM Network pursuant to

19  this part.

20         (2)  The division and the Technology Resource Center

21  shall:

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

23  an information-system utility.

24         (b)  Cooperate with the Information Resource Commission

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

26  range of services and applications needed by users of the

27  Technology Resource Center.

28         (c)  Cooperate with the Florida Legal Resource Center

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

30  develop and provide access to repositories of legal

31  information throughout the state.

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  1         (d)  Cooperate with the office Division of

  2  Communications of the department to facilitate

  3  interdepartmental networking and integration of network

  4  services for its customers.

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

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

  7  the state.

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

  9  provide any combination of services necessary for agencies to

10  fulfill their responsibilities and to serve their users.

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

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

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

14  the Technology Resource Center shall be contingent upon

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

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

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

18  establish pilot projects for, and conduct experiments with

19  information technology resources, and may implement

20  enhancements in services when such implementation is

21  cost-effective. Funding for experiments and pilot projects

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

23  percent of the service revenues for the Technology Resource

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

25  plan, or design must be approved by the Chief Information

26  Officer of the State Technology Office data processing policy

27  board of the center.

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

29  Technology Resource Center may spend the funds in the reserve

30  account of its working capital trust fund for enhancements to

31  center operations or for information technology resources. Any

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  1  expenditure of reserve account funds must be approved by the

  2  data processing policy board of the center. Any funds

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

  4  may be carried forward and spent as approved by the Chief

  5  Information Officer of the State Technology Office policy

  6  board.

  7         Section 14.  Section 282.21, Florida Statutes, is

  8  amended to read:

  9         282.21  State Technology Office of the Department of

10  Management Services' electronic access services.--The State

11  Technology Office of the Department of Management Services may

12  collect fees for providing remote electronic access pursuant

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

14  transactions or as a fixed subscription for a designated

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

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

17  activity that made the remote electronic access available.

18         Section 15.  Section 282.22, Florida Statutes, is

19  amended to read:

20         282.22  State Technology Office of the Department of

21  Management Services production and dissemination of materials

22  and products.--

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

24  materials, and products, information, and services are

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

26  Technology Office of the Department of Management Services,

27  through research and development or other efforts, including

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

29  be made available for use by state and local government

30  entities at the earliest practicable date and in the most

31

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  1  economical and efficient manner possible and consistent with

  2  chapter 119.

  3         (2)  To accomplish this objective the office department

  4  is authorized to publish or partner with private sector

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

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

  7  office department is authorized to charge an amount or receive

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

  9  producing and disseminating such materials, information,

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

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

12  authorized to use utilize the SUNCOM Network pursuant to this

13  part and to the public.

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

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

16  practicable or feasible for the office department to produce

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

18  authorized, after review and approval by the Executive Office

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

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

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

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

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

24  state; the office department is authorized and directed to

25  protect same against improper or unlawful use or infringement

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

27  manufacture or use thereof by any other party.

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

29  products or other money collected pursuant to this section

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

31  the office department and, when properly budgeted as approved

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

  2  used to pay the cost of producing and disseminating materials

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

  4         Section 16.  Section 282.303, Florida Statutes, is

  5  amended to read:

  6         282.303  Definitions.--For the purposes of ss.

  7  282.303-282.322, the term:

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

  9  216.

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

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

12  make recommendations on, information resources management.

13         (2)(3)  "Chief Information Officer" means the person

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

15  Technology Office, to coordinate and manage the information

16  resources management policies and activities within that

17  agency.

18         (3)(4)  "Chief Information Officers Council" means the

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

20  coordination of information resources management issues and

21  initiatives among the agencies.

22         (4)(5)  "State Technology Office" means the office

23  created in  s. 282.102 282.3093 to support and coordinate

24  cost-effective deployment of technology and information

25  resources and services across state government specified

26  information resources management activities and to facilitate

27  educational and training opportunities.

28         (5)(6)  "Information technology Data processing

29  hardware" means information technology equipment designed for

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

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

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

  2  front-end processing units, including miniprocessors and

  3  microprocessors, and related peripheral equipment such as data

  4  storage devices, document scanners, data entry, terminal

  5  controllers and data terminal equipment, computer-related word

  6  processing systems, and equipment and systems for computer

  7  networks, personal communication devices, and wireless

  8  equipment.

  9         (6)(7)  "Information technology Data processing

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

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

12  enterprise resource planning, application service provision,

13  consulting, or time-sharing services.

14         (7)(8)  "Information technology Data processing

15  software" means the programs and routines used to employ and

16  control the capabilities of information technology data

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

18  systems, compilers, assemblers, utilities, library routines,

19  maintenance routines, applications, and computer networking

20  programs.

21         (8)(9)  "Agency Annual Enterprise Resource Planning and

22  Information Resources Management Report" means the report

23  prepared by the Chief Information Officer of each agency as

24  required by s. 282.3063.

25         (9)(10)  "State Annual Report on Enterprise Resource

26  Planning and Information Resources Management" means the

27  report prepared by the State Technology Office as defined in

28  s. 282.102 282.3093.

29         (10)(11)  "Project" means an undertaking directed at

30  the accomplishment of a strategic objective relating to

31

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  1  enterprise information resources management or a specific

  2  appropriated program.

  3         (11)(12)  "Enterprise resource planning and Information

  4  resources management" means the planning, budgeting,

  5  acquiring, developing, organizing, directing, training, and

  6  control associated with government information technology

  7  resources. The term encompasses information and related

  8  resources, as well as the controls associated with their

  9  acquisition, development, dissemination, and use.

10         (12)(13)  "Information technology resources" means

11  information technology data processing hardware and software

12  and services, communications, supplies, personnel, facility

13  resources, maintenance, and training.

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

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

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

17  required to support the business processes of an agency or

18  state enterprise.

19         (14)(15)  "Technology Review Workgroup" means the

20  workgroup created in s. 216.0446 to review and make

21  recommendations on agencies' information resources management

22  planning and budgeting proposals.

23         (15)(16)  "Total cost" means all costs associated with

24  information resources management projects or initiatives,

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

26  service, maintenance, incremental personnel, and facilities.

27  Total cost of a loan or gift of information technology

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

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

30  information technology resources to state universities to be

31

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  1  used in instruction or research does not include fair market

  2  value.

  3         Section 17.  Section 282.3031, Florida Statutes, is

  4  amended to read:

  5         282.3031  Assignment of information resources

  6  management responsibilities.--For purposes of ss.

  7  282.303-282.322, to ensure the best management of state

  8  information technology resources, and notwithstanding other

  9  provisions of law to the contrary, the functions of

10  information resources management are hereby assigned to the

11  Board of Regents as the agency responsible for the development

12  and implementation of policy, planning, management,

13  rulemaking, standards, and guidelines for the State University

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

15  responsible for establishing and developing rules and policies

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

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

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

19  within the executive branch of state government.

20         Section 18.  Subsections (1), (2), (3), (5), (7), and

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

22  read:

23         282.3032  Development and implementation of information

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

25  the state's information technology resources, the following

26  guiding principles are adopted:

27         (1)  Enterprise resource Cooperative planning by state

28  governmental entities is a prerequisite for the effective

29  development and implementation of information systems to

30  enable sharing of data and cost-effective and efficient

31  services to individuals.

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

  2  as coordination of development efforts, should include all

  3  principals from the outset.

  4         (3)  State governmental entities should be committed to

  5  maximizing information sharing and should participate in

  6  enterprise-wide efforts when appropriate moving away from

  7  proprietary positions taken relative to data they collect and

  8  maintain.

  9         (5)  State governmental entities should strive for an

10  integrated electronic system for providing individuals with

11  sharing of information via networks to the extent possible.

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

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

14         (10)  Integration Consistency of data elements should

15  be achieved by establishing standard data definitions, and

16  formats, and integrated electronic systems, when possible.

17         Section 19.  Section 282.3041, Florida Statutes, is

18  amended to read:

19         282.3041  State agency responsibilities.--The head of

20  each state agency, in consultation with the State Technology

21  Office, is responsible and accountable for enterprise resource

22  information resources management within the agency in

23  accordance with legislative intent and as defined in this

24  part.

25         Section 20.  Section 282.3055, Florida Statutes, is

26  amended to read:

27         282.3055  Agency Chief Information Officer;

28  appointment; duties.--

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

30  enterprise resource planning and information resources

31  management responsibilities, the agency head shall appoint, in

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  1  consultation with the State Technology Office, or contract for

  2  a Chief Information Officer at a level commensurate with the

  3  role and importance of information technology resources in the

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

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

  6  have knowledge and experience in both management and

  7  information technology resources.

  8         (2)  The duties of the Chief Information Officer

  9  include, but are not limited to:

10         (a)  Coordinating and facilitating agency enterprise

11  resource planning and information resources management

12  projects and initiatives.

13         (b)  Preparing an agency annual report on enterprise

14  resource planning and information resources management

15  pursuant to s. 282.3063.

16         (c)  Developing and implementing agency enterprise

17  resource planning and information resources management

18  policies, procedures, and standards, including specific

19  policies and procedures for review and approval of the

20  agency's purchases of information technology resources.

21         (d)  Advising agency senior management as to the

22  enterprise resource planning and information resources

23  management needs of the agency for inclusion in planning

24  documents required by law.

25         (e)  Assisting in the development and prioritization of

26  the enterprise resource planning and information resources

27  management schedule of the agency's legislative budget

28  request.

29         Section 21.  Section 282.3063, Florida Statutes, is

30  amended to read:

31

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  1         282.3063  Agency Annual Enterprise Resource Planning

  2  and Information Resources Management Report.--

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

  4  University System within 90 days after completion of the

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

  6  Chief Information Officer shall prepare and submit to the

  7  State Technology Office an Agency Annual Enterprise Resource

  8  Planning and Information Resources Management Report.

  9  Following consultation with the State Technology Office

10  Council and the Chief Information Officers Council, the

11  Executive Office of the Governor and the fiscal committees of

12  the Legislature shall jointly develop and issue instructions

13  for the format and contents of the report.

14         (2)  The Agency Annual Enterprise Resource Planning and

15  Information Resources Management Report shall contain, at a

16  minimum, the following:

17         (a)  A forecast of enterprise resource planning and

18  information resources management priorities and initiatives

19  for the ensuing 2 years.

20         (b)  A description of the current enterprise resource

21  planning and information resources management infrastructure

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

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

24  planning and information resources management projects of the

25  agency.

26         (d)  An assessment of the progress made toward

27  implementing the prior fiscal year legislative appropriation

28  to the agency for enterprise resource planning and information

29  resources management.

30

31

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  1         (e)  The estimated expenditures by the agency for

  2  enterprise resource planning and information resources

  3  management for the prior fiscal year.

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

  5  agency information technology resources, which specifically

  6  identifies the resources acquired during the previous fiscal

  7  year.

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

  9  share enterprise resource planning and information resources

10  management projects or initiatives with other governmental or

11  private entities.

12         (h)  A list of enterprise resource planning and

13  information resources management issues the agency has

14  identified as statewide issues or critical information

15  resources management issues for which the State Technology

16  Council could provide future leadership or assistance.

17         Section 22.  Section 282.3095, Florida Statutes, is

18  created to read:

19         282.3095  Task Force on Privacy and Technology.--

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

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

22  professionals in the fields of communications, government, law

23  enforcement, law, marketing, technology, and financial

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

25  Consumer Affairs Professionals in Business, the Florida Retail

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

27  force shall study and make policy recommendations by February

28  1, 2001, to the Legislature and the Governor which include,

29  but are not limited to:

30

31

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

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

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

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

  5  the illegal use of citizens' identities and credit.

  6         (c)  Balancing the traditional openness of public

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

  8  identity of individuals.

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

10  and companies.

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

12  Technology Office no fewer than three pilot projects designed

13  to further the deployment of electronic access with protection

14  of privacy. The pilot projects shall apply technologies and

15  operating procedures to increase electronic access to public

16  records and to reduce the reliance on paper documents while

17  including safeguards for the protection of privacy rights and

18  confidential information.

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

20  responsibilities, the task force shall hold public meetings

21  necessary to gather the best available knowledge regarding

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

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

24  without compensation, but shall be reimbursed for reasonable

25  and necessary expenses of attending the public meetings and

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

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

28  be reimbursed from funds of the Department of Highway Safety

29  and Motor Vehicles. This section expires July 1, 2001.

30         Section 23.  Section 282.310, Florida Statutes, is

31  amended to read:

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  1         282.310  State Annual Report on Enterprise Resource

  2  Planning and Information Resources Management.--

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

  4  Technology Office shall develop a State Annual Report on

  5  Enterprise Resource Planning and Information Resources

  6  Management.

  7         (2)  The State Annual Report on Enterprise Resource

  8  Planning and Information Resources Management shall contain,

  9  at a minimum, the following:

10         (a)  The state vision for enterprise resource planning

11  and information resources management.

12         (b)  A forecast of the state enterprise resource

13  planning and information resources management priorities and

14  initiatives for the ensuing 2 years.

15         (c)  A summary of major statewide policies recommended

16  by the State Technology Office Council for enterprise resource

17  planning and information resources management.

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

19  Office of the Governor.

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

21  integrated electronic system for deploying governmental

22  products, services, and information to individuals and

23  businesses and progress on state enterprise resource planning

24  and information resources management initiatives and

25  priorities for the past fiscal year.

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

27  improving enterprise resource planning and information

28  resources management by the state.

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

30  information technology resources.

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

  2  descriptions of agreements, contracts, or partnerships for

  3  enterprise resource planning and for 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

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  1         Section 24.  Section 282.315, Florida Statutes, is

  2  amended to read:

  3         282.315  Chief Information Officers Council;

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

  5  consensus building, coordination, and facilitation of

  6  statewide enterprise resource planning and information

  7  resources management issues is essential to improving state

  8  management of such resources.

  9         (1)  There is created a Chief Information Officers

10  Council to:

11         (a)  Enhance communication among the Chief Information

12  Officers of state agencies by sharing enterprise resource

13  planning and information resources management experiences and

14  exchanging ideas.

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

16  characteristic of highly successful technology organizations,

17  as well as exemplary information technology applications of

18  state agencies.

19         (c)  Identify efficiency opportunities among state

20  agencies.

21         (d)  Serve as an educational forum for enterprise

22  resource planning and information resources management issues.

23         (e)  Assist the State Technology Office Council in

24  identifying critical statewide issues and, when appropriate,

25  make recommendations for solving enterprise resource planning

26  and information resources management deficiencies.

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

28  Information Officers of all state agencies, including the

29  Chief Information Officers of the agencies and governmental

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

31  one Chief Information Officer selected by the state attorneys

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  1  and one Chief Information Officer selected by the public

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

  3  Information Board, the Florida Financial Management

  4  Information System Coordinating Council, the Criminal and

  5  Juvenile Justice Information Systems Council, and the Health

  6  Information Systems Council shall represent their respective

  7  organizations on the Chief Information Officers Council as

  8  voting members.

  9         (3)  The State Technology Office shall provide

10  administrative support to the council.

11         Section 25.  Section 282.318, Florida Statutes, is

12  amended to read:

13         282.318  Security of data and information technology

14  resources.--

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

16  and Information Technology Resources Act."

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

18  State Technology Office, is responsible and accountable for

19  assuring an adequate level of security for all data and

20  information technology resources of the agency and, to carry

21  out this responsibility, shall, at a minimum:

22         1.  Designate an information security manager who shall

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

24  information technology resources.

25         2.  Conduct, and periodically update, a comprehensive

26  risk analysis to determine the security threats to the data

27  and information technology resources of the agency.  The risk

28  analysis information is confidential and exempt from the

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

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

31  postauditing duties.

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  1         3.  Develop, and periodically update, written internal

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

  3  information technology resources of the agency.  The internal

  4  policies and procedures which, if disclosed, could facilitate

  5  the unauthorized modification, disclosure, or destruction of

  6  data or information technology resources are confidential

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

  8  except that such information shall be available to the Auditor

  9  General in performing his or her postauditing duties.

10         4.  Implement appropriate cost-effective safeguards to

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

12  data and information technology resources of the agency.

13         5.  Ensure that periodic internal audits and

14  evaluations of the security program for the data and

15  information technology resources of the agency are conducted.

16  The results of such internal audits and evaluations are

17  confidential information and exempt from the provisions of s.

18  119.07(1), except that such information shall be available to

19  the Auditor General in performing his or her postauditing

20  duties.

21         6.  Include appropriate security requirements, as

22  determined by the agency, in the written specifications for

23  the solicitation of information technology resources.

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

25  Office of the Department of Management Services develops state

26  contracts for use by state agencies, the department shall

27  include appropriate security requirements in the

28  specifications for the solicitation for state contracts for

29  procuring information technology resources.

30

31

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  1         Section 26.  Paragraph (a) of subsection (2) and

  2  subsections (3), (4), (6), (7), and (8) of section 282.404,

  3  Florida Statutes, are amended to read:

  4         282.404  Geographic information board; definition;

  5  membership; creation; duties; advisory council; membership;

  6  duties.--

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

  8  created in the State Technology Executive Office of the

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

10  identification, coordination, collection, and sharing of

11  geographic information among federal, state, regional, and

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

13  develop solutions, policies, and standards to increase the

14  value and usefulness of geographic information concerning

15  Florida. In formulating and developing solutions, policies,

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

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

18  large and small municipalities, urban and rural county

19  governments, and the private sector.

20         (3)  The board consists of the Chief Information

21  Officer in the State Technology Office Director of Planning

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

23  executive director of the Fish and Wildlife Conservation

24  Commission, the executive director of the Department of

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

26  177.503, or their designees, and the heads of the following

27  agencies, or their designees: the Department of Agriculture

28  and Consumer Services, the Department of Community Affairs,

29  the Department of Environmental Protection, the Department of

30  Transportation, and the Board of Professional Surveyors and

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

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  1  each to represent the counties, municipalities, regional

  2  planning councils, water management districts, and county

  3  property appraisers. The Governor shall initially appoint two

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

  5  4-year terms. Thereafter, the terms of all appointed members

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

  7  be appointed to successive terms and incumbent members may

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

  9         (4)  The Chief Information Officer in the State

10  Technology Office Director of Planning and Budgeting of the

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

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

13  membership of the board constitutes a quorum for the conduct

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

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

16  necessary to transact business. Administrative and clerical

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

18  Office of the Department of Management Services.

19         (6)  The Florida Geographic Information Advisory

20  Council is created in the State Technology Executive Office of

21  the Governor to provide technical assistance and

22  recommendations to the board.

23         (7)  The Geographic Information Advisory Council

24  consists of one member each from the State Technology Office

25  of Planning and Budgeting within the Executive Office of the

26  Governor, the Fish and Wildlife Conservation Commission, the

27  Department of Revenue, the Department of Agriculture and

28  Consumer Services, the Department of Community Affairs, the

29  Department of Environmental Protection, the Department of

30  Transportation, the State Cadastral Surveyor, the Board of

31  Professional Surveyors and Mappers, counties, municipalities,

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  1  regional planning councils, water management districts, and

  2  property appraisers, as appointed by the corresponding member

  3  of the board, and the State Geologist. The Governor shall

  4  appoint to the council one member each, as recommended by the

  5  respective organization, to represent the Department of

  6  Children and Family Services, the Department of Health, the

  7  Florida Survey and Mapping Society, Florida Region of the

  8  American Society of Photogrammetry and Remote Sensing, Florida

  9  Association of Cadastral Mappers, the Florida Association of

10  Professional Geologists, Florida Engineering Society, Florida

11  Chapter of the Urban and Regional Information Systems

12  Association, the forestry industry, the State University

13  System survey and mapping academic research programs, and

14  State University System geographic information systems

15  academic research programs; and two members representing

16  utilities, one from a regional utility, and one from a local

17  or municipal utility. These persons must have technical

18  expertise in geographic information issues. The Governor shall

19  initially appoint six members to serve 2-year terms and six

20  members to serve 4-year terms. Thereafter, the terms of all

21  appointed members must be 4 years and must be staggered.

22  Members may be appointed to successive terms, and incumbent

23  members may continue to serve the council until a successor is

24  appointed. Representatives of the Federal Government may serve

25  as ex officio members without voting rights.

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

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

28  advisory council biennially. The council shall meet at least

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

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

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

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  1  meetings on behalf of the council. Administrative and clerical

  2  support shall be provided by the State Technology Office of

  3  the Department of Management Services.

  4         Section 27.  Subsection (1) of section 287.073, Florida

  5  Statutes, is amended to read:

  6         287.073  Procurement of information technology

  7  resources.--

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

  9  "information technology resources" has the same meaning

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

11         Section 28.  Paragraph (a) of subsection (2) of section

12  216.0446, Florida Statutes, is amended to read:

13         216.0446  Review of information resources management

14  needs.--

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

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

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

18  following:

19         (a)  To evaluate the information resource management

20  needs identified in the agency strategic plans for consistency

21  with the State Annual Report on Enterprise Resource Planning

22  and Information Resources Management and statewide policies

23  recommended by the State Technology Council, and make

24  recommendations to the Executive Office of the Governor,

25  pursuant to s. 186.022(3).

26         Section 29.  Paragraph (b) of subsection (1) of section

27  119.083, Florida Statutes, is amended to read:

28         119.083  Definitions; copyright of data processing

29  software created by governmental agencies; fees; prohibited

30  contracts.--

31         (1)  As used in this section:

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  1         (b)  "Data processing software" has the same meaning as

  2  information technology software in s. 282.303.

  3         Section 30.  Sections 282.3091 and 282.3093, Florida

  4  Statutes, are repealed.

  5         Section 31.  This act shall take effect upon becoming a

  6  law.

  7

  8            *****************************************

  9                          HOUSE SUMMARY

10
      Creates the State Technology Office within the Department
11    of Management Services run by a Chief Information
      Officer. Directs the office to provide support and
12    guidance to all state agencies in order to enhance the
      state's use and management of information technology
13    resources. Creates a Task Force on Privacy and
      Technology. See bill for details.
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