Senate Bill 2474

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



    Florida Senate - 2000                                  SB 2474

    By Senator Latvala





    19-1634B-00

  1                      A bill to be entitled

  2         An act relating to information technology

  3         management; amending ss. 282.005, 282.101,

  4         282.102, 282.103, 282.104, 282.105, 282.106,

  5         282.107, 282.1095, 282.111, 282.20, 282.21,

  6         282.22, 282.303, 282.3031, 282.3032, 282.3041,

  7         282.3055, 282.3063, F.S.; providing legislative

  8         findings and creating the State Technology

  9         Office within the Department of Management

10         Services; providing for the Chief Information

11         Officer to be in charge of the office;

12         requiring the office to provide support and

13         guidance to all state agencies in order to

14         enhance the state's use and management of

15         information technology resources; providing for

16         enterprise resource planning and management by

17         each state agency in consultation with the

18         office; creating s. 282.3095, F.S.; directing

19         the State Technology Office to create a Task

20         Force on Privacy and Technology; providing for

21         the task force to hold meetings and report to

22         the Legislature and Governor; amending ss.

23         282.310, 282.315, 282.318, 282.404, F.S.;

24         directing the State Technology Office to

25         prepare and disseminate the State Annual Report

26         on Enterprise Resource Planning and Management;

27         transferring the Florida Geographic Information

28         Board and the Florida Geographic Information

29         Advisory Council from the Executive Office of

30         the Governor to the State Technology Office;

31         amending ss. 119.07, 287.073, F.S.; conforming

                                  1

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1         statutory cross-references; repealing s.

  2         282.3091, F.S., relating to the State

  3         Technology Council; repealing s. 282.3093,

  4         F.S., relating to the State Technology Office;

  5         providing an effective date.

  6

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

  8

  9         Section 1.  Section 282.005, Florida Statutes, is

10  amended to read:

11         282.005  Legislative findings and intent.--The

12  Legislature finds that:

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

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

15  resource.

16         (2)  The state makes significant investments in

17  information technology resources in order to manage

18  information and to provide services to its citizens.

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

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

21  information technology resources and to design, procure, and

22  deploy, on behalf of the state, information technology

23  resources.

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

25  information resources by state agencies can best be managed by

26  a Chief Information Officer.

27         (5)(3)  The head of each state agency, in consultation

28  with the State Technology Office, has primary responsibility

29  and accountability for the planning, budgeting, acquisition,

30  development, implementation, use, and management of

31  information technology resources within the agency.

                                  2

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1         (6)(4)  The expanding need for, use of, and dependence

  2  on information technology resources requires focused

  3  management attention and managerial accountability by state

  4  agencies and the state as a whole.

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

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

  7  information technology resources and for their use in

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

  9  shall also use its information technology resources in the

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

11  and make use of shared data and related resources whenever

12  appropriate.

13         (8)(6)  The state shall provide, by whatever means is

14  most cost-effective and efficient, the information resources

15  management infrastructure needed to collect, store, and

16  process the state's data and information, provide

17  connectivity, and facilitate the exchange of data and

18  information among both public and private parties.

19         (9)(7)  A necessary part of the state's information

20  resources management infrastructure is a statewide

21  communications system for all types of signals, including

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

23         (10)(8)  To ensure the best management of the state's

24  information technology resources, and notwithstanding other

25  provisions of law to the contrary, the functions of

26  information resources management are hereby assigned to the

27  Board of Regents as the agency responsible for the development

28  and implementation of policy, planning, management,

29  rulemaking, standards, and guidelines for the State University

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

31  responsible for establishing and developing rules and policies

                                  3

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  for the Florida Community College System; to the Supreme

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

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

  4  executive branch of state government.

  5         Section 2.  Section 282.101, Florida Statutes, is

  6  amended to read:

  7         282.101  Construction of terms, "information

  8  technology" "communications" or "information technology

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

10  "information technology" "communications" or "information

11  technology "communications system" means any transmission,

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

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

14  optical, or other electromagnetic systems and includes all

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

16  agencies and political subdivisions of state government, and a

17  full-service, information-processing facility offering

18  hardware, software, operations, integration, networking, and

19  consulting services.

20         Section 3.  Section 282.102, Florida Statutes, is

21  amended to read:

22         282.102  Powers and duties of the State Technology

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

24  created a State Technology Office, administratively placed

25  within the Department of Management Services, which shall be

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

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

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

29         (1)  To publish electronically the portfolio of

30  services available from the office department, including

31  pricing information; the policies and procedures of the office

                                  4

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  department governing usage of available services; and a

  2  forecast of the priorities and initiatives for the state

  3  communications system for the ensuing 2 years. The office

  4  department shall provide a hard copy of its portfolio of

  5  services upon request.

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

  7  information technology communications services for state

  8  government, including communications services provided as part

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

10  its agencies.

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

12  political subdivisions of the state as to systems or methods

13  to be used for organizing and meeting information technology

14  communications requirements efficiently and effectively.

15         (4)  To integrate consolidate the information

16  technology communications systems and services of state

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

18  when determined by the department to be economically efficient

19  or performance-effective.

20         (5)  To adopt technical standards for the state

21  information technology communications system which will assure

22  the interconnection of computer networks and information

23  systems of state agencies.

24         (6)  To assume management responsibility for any

25  integrated information technology consolidated communications

26  system or service when determined by the office department to

27  be economically efficient or performance-effective.

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

29  of the information technology communications services of state

30  agencies and of political subdivisions of the state.

31

                                  5

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

  2  information technology communications facilities now owned or

  3  operated by any state agency.

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

  5  of such services.

  6         (10)  To purchase from or contract with information

  7  technology providers suppliers and communications companies

  8  for information technology communications facilities or

  9  services, including private line services.

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

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

12  authorizations, licenses, and allocations or channels and

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

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

15  property.

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

17  emergency management agency in providing for emergency

18  communications services.

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

20  acquisition and utilization of information technology

21  communications equipment, facilities, and services or to

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

23  information technology communications equipment, services, and

24  facilities, including communications services provided as part

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

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

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

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

29  existing communications equipment and facilities, with agency

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

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

                                  6

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

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

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

  4  any state agency by any telecommunications company.

  5         (16)  To adopt prescribe rules relating to information

  6  technology and to administer the provisions of this part and

  7  regulations for the use of the state communications system.

  8         (17)  To provide a means whereby political subdivisions

  9  of the state may use the state information technology

10  communications system upon such terms and under such

11  conditions as the office department may establish.

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

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

14  donations from individuals, foundations, and private

15  organizations.

16         (19)  To monitor issues relating to communications

17  facilities and services before the Florida Public Service

18  Commission and, when necessary, prepare position papers,

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

20  on behalf of state agencies in proceedings before the

21  commission.

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

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

24  or interpret, communications within the SUNCOM Network by:

25         (a)  Establishing technical standards to physically

26  interface with the SUNCOM Network.

27         (b)  Specifying how communications are transmitted

28  within the SUNCOM Network.

29         (c)  Controlling the routing of communications within

30  the SUNCOM Network.

31

                                  7

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1         (d)  Establishing standards, policies, and procedures

  2  for access to the SUNCOM Network.

  3         (e)  Ensuring orderly and reliable communications

  4  services in accordance with the standards and policies of all

  5  state agencies and the service agreements executed with state

  6  agencies.

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

  8  information technology in communications services, equipment,

  9  and technologies, and to implement enhancements in the state

10  information technology communications system when in the

11  public interest justified and cost-effective.  Funding for

12  such experiments shall be derived from SUNCOM Network service

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

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

15  the General Appropriations Act.  New services offered as a

16  result of this subsection shall not affect existing rates for

17  facilities or services.

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

19  without competitive bidding or procurement, to make available,

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

21  and other structures under office department control for the

22  placement of new facilities by any wireless provider of mobile

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

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

25  determined to be practical and feasible to make such property

26  or other structures available. The office department may,

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

28  nondiscriminatory fee for the placement of the facilities,

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

30  by comparable communications facilities in the state. The

31  office department and a wireless provider or

                                  8

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  telecommunications company may negotiate the reduction or

  2  elimination of a fee in consideration of services provided to

  3  the office department by the wireless provider or

  4  telecommunications company. All such fees collected by the

  5  office department shall be deposited directly into the State

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

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

  8  support the system.

  9         (23)  To provide an integrated electronic system for

10  deploying government products, services, and information to

11  individuals and businesses.

12         (a)  The integrated electronic system shall reflect

13  cost-effective deployment strategies in keeping with industry

14  standards and practices, including protections of security of

15  private information as well as maintenance of public records.

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

17  fiscal accountability for the integrated electronic system and

18  shall establish the organizational structure required to

19  implement this system.

20         (24)  To provide administrative support to the Chief

21  Information Officers' Council and other ad hoc issue-oriented

22  workgroups created by the Chief Information Officer.

23         (25)  To facilitate state information technology

24  education and training for senior management and other agency

25  staff.

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

27  the Governor, memoranda on recommended guidelines and best

28  practices for information resources management, when

29  requested.

30

31

                                  9

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

  2  Annual Report on Enterprise Resource Planning and Management

  3  under s. 282.310.

  4         Section 4.  Section 282.103, Florida Statutes, is

  5  amended to read:

  6         282.103  SUNCOM Network; exemptions from the required

  7  use.--

  8         (1)  There is created within the State Technology

  9  Office of the Department of Management Services the SUNCOM

10  Network which shall be developed to serve as the state

11  communications system for providing local and long-distance

12  communications services to state agencies, political

13  subdivisions of the state, municipalities, and nonprofit

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

15  Network shall be developed to transmit all types of

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

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

18  and assist in the development and joint use of communications

19  systems and services.

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

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

22  and operate through state ownership, commercial leasing, or

23  some combination thereof, the facilities and equipment

24  providing SUNCOM Network services, and shall develop a system

25  of equitable billings and charges for communication services.

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

27  Network for agency communications services as the services

28  become available; however, no agency is relieved of

29  responsibility for maintaining communications services

30  necessary for effective management of its programs and

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

                                  10

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  communications requirements of an agency, the agency shall

  2  notify the State Technology Office of the Department of

  3  Management Services in writing and detail the requirements for

  4  that communications service.  If the office department is

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

  6  enhancing SUNCOM Network service, the office department shall

  7  grant the agency an exemption from the required use of

  8  specified SUNCOM Network services.

  9         Section 5.  Section 282.104, Florida Statutes, is

10  amended to read:

11         282.104  Use of state SUNCOM Network by

12  municipalities.--Any municipality may request the State

13  Technology Office of the Department of Management Services to

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

15  communications services upon such terms and under such

16  conditions as the department may establish. The requesting

17  municipality shall pay its share of installation and recurring

18  costs according to the published rates for SUNCOM Network

19  services and as invoiced by the office department. Such

20  municipality shall also pay for any requested modifications to

21  existing SUNCOM Network services, if any charges apply.

22         Section 6.  Section 282.105, Florida Statutes, is

23  amended to read:

24         282.105  Use of state SUNCOM Network by nonprofit

25  corporations.--

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

27  Management Services shall provide a means whereby private

28  nonprofit corporations under contract with state agencies or

29  political subdivisions of the state may use the state SUNCOM

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

31

                                  11

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

  2  corporation shall:

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

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

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

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

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

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

  9  SUNCOM Network services are requested.

10         (2)  Each nonprofit corporation seeking authorization

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

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

13  compliance with subsection (1).

14         (3)  Nonprofit corporations established pursuant to

15  general law and an association of municipal governments which

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

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

18  of the office department.

19         (4)  Institutions qualified pursuant to s. 240.605

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

21  the terms and conditions of the office department. Such

22  entities shall not be required to satisfy the other criteria

23  of this section.

24         (5)  Private, nonprofit elementary and secondary

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

26  basis as public schools, providing these nonpublic schools do

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

28         Section 7.  Section 282.106, Florida Statutes, is

29  amended to read:

30         282.106  Use of SUNCOM Network by libraries.--The State

31  Technology Office of the Department of Management Services may

                                  12

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

  2  including libraries in public schools, community colleges, the

  3  State University System, and nonprofit private postsecondary

  4  educational institutions, and libraries owned and operated by

  5  municipalities and political subdivisions.

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

  7  Florida Statutes, are amended to read:

  8         282.107  SUNCOM Network; criteria for usage.--

  9         (1)  The State Technology Office division shall

10  periodically review the qualifications of subscribers using

11  the state SUNCOM Network and shall terminate services provided

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

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

14  invoices by subscribers whose SUNCOM Network invoices are paid

15  from sources other than legislative appropriations, such

16  nonpayment represents good and sufficient reason to terminate

17  service.

18         (2)  The State Technology Office division shall adopt

19  rules setting forth its procedures for withdrawing and

20  restoring authorization to use the state SUNCOM Network. Such

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

22  parties prior to termination of voice communications service.

23         Section 9.  Section 282.1095, Florida Statutes, is

24  amended to read:

25         282.1095  State agency law enforcement radio system.--

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

27  Management Services may acquire and implement a statewide

28  radio communications system to serve law enforcement units of

29  state agencies, and to serve local law enforcement agencies

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

31  Agency Law Enforcement Communications is established in the

                                  13

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  State Technology Office of the Department of Management

  2  Services to advise the office department of member-agency

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

  4  joint system. The State Agency Law Enforcement Radio System

  5  Trust Fund is established in the State Technology Office of

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

  7  funded from surcharges collected under ss. 320.0802 and

  8  328.72.

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

10  Enforcement Communications shall consist of eight members, as

11  follows:

12         1.  A representative of the Division of Alcoholic

13  Beverages and Tobacco of the Department of Business and

14  Professional Regulation who shall be appointed by the

15  secretary of the department.

16         2.  A representative of the Division of Florida Highway

17  Patrol of the Department of Highway Safety and Motor Vehicles

18  who shall be appointed by the executive director of the

19  department.

20         3.  A representative of the Department of Law

21  Enforcement who shall be appointed by the executive director

22  of the department.

23         4.  A representative of the Fish and Wildlife

24  Conservation Commission who shall be appointed by the

25  executive director of the commission.

26         5.  A representative of the Division of Law Enforcement

27  of the Department of Environmental Protection who shall be

28  appointed by the secretary of the department.

29         6.  A representative of the Department of Corrections

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

31

                                  14

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1         7.  A representative of the Division of State Fire

  2  Marshal of the Department of Insurance who shall be appointed

  3  by the State Fire Marshal.

  4         8.  A representative of the Department of

  5  Transportation who shall be appointed by the secretary of the

  6  department.

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

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

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

10  manner as the original appointment.

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

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

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

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

15  members.

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

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

18  and place designated by him or her.

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

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

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

22  112.061, from funds budgeted to the state agency that the

23  member represents.

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

25  Management Services is hereby authorized to rent or lease

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

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

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

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

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

31  practicable and feasible to make space available. The office

                                  15

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

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

  3  leases, and subleases shall be deposited directly into the

  4  State Agency Law Enforcement Radio System Trust Fund and may

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

  6  support the system.

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

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

  9  sublease ground space on lands acquired by the office

10  department for the construction of privately owned or publicly

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

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

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

14  construction and operation of the state agency law enforcement

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

16  for the office department to accomplish its duties under this

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

18  General Appropriations Act and shall be funded by the State

19  Agency Law Enforcement Radio System Trust Fund.

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

21  be used by the office department to acquire by competitive

22  procurement the equipment; software; and engineering,

23  administrative, and maintenance services it needs to

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

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

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

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

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

29  office department to provide for payment of the recurring

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

31  be appropriated to maintain and enhance, over and above

                                  16

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  existing agency budgets, existing radio equipment systems of

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

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

  4  existing radio equipment inventory until the existing radio

  5  equipment can be replaced pursuant to implementation of the

  6  statewide radio communications system.

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

  8  procedures, and standards which shall be incorporated into a

  9  comprehensive management plan for the use and operation of the

10  statewide radio communications system.

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

12  permit other state agencies to use the communications system,

13  under terms and conditions established by the joint task

14  force.

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

16  of Management Services shall provide technical support to the

17  joint task force and shall bear the overall responsibility for

18  the design, engineering, acquisition, and implementation of

19  the statewide radio communications system and for ensuring the

20  proper operation and maintenance of all system common

21  equipment.

22         (b)  The positions necessary for the office department

23  to accomplish its duties under this section shall be

24  established through the budgetary process and shall be funded

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

26         Section 10.  Section 282.111, Florida Statutes, is

27  amended to read:

28         282.111  Statewide system of regional law enforcement

29  communications.--

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

31  that a statewide system of regional law enforcement

                                  17

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  communications be developed whereby maximum efficiency in the

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

  3  more effectively with the apprehension of criminals and the

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

  5  enforcement agencies within the state are directed to provide

  6  the State Technology Office of the Department of Management

  7  Services with any information the office department requests

  8  for the purpose of implementing the provisions of subsection

  9  (2).

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

11  Management Services is hereby authorized and directed to

12  develop and maintain a statewide system of regional law

13  enforcement communications.  In formulating such a system, the

14  office department shall divide the state into appropriate

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

16  not be limited to, the following provisions:

17         (a)  The communications requirements for each county

18  and municipality comprising the region.

19         (b)  An interagency communications provision which

20  shall depict the communication interfaces between municipal,

21  county, and state law enforcement entities which operate

22  within the region.

23         (c)  Frequency allocation and use provision which shall

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

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

26  half-duplex, on each channel.

27         (3)  The office department shall adopt any necessary

28  rules and regulations for implementing and coordinating the

29  statewide system of regional law enforcement communications.

30         (4)  The Chief Information Officer of the State

31  Technology Office Secretary of Management Services or his or

                                  18

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  her designee is designated as the director of the statewide

  2  system of regional law enforcement communications and, for the

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

  4  authorized to coordinate the activities of the system with

  5  other interested state agencies and local law enforcement

  6  agencies.

  7         (5)  No law enforcement communications system shall be

  8  established or present system expanded without the prior

  9  approval of the State Technology Office of the Department of

10  Management Services.

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

12  Department of Law Enforcement is encouraged to lend assistance

13  to the State Technology Office of the Department of Management

14  Services in the development of the statewide system of

15  regional law enforcement communications proposed by this

16  section.

17         Section 11.  Section 282.20, Florida Statutes, is

18  amended to read:

19         282.20  Technology Resource Center.--

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

21  Information Services of the Department of Management Services

22  shall operate and manage the Technology Resource Center.

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

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

25  Office of the Department of Management Services.

26         2.  "Division" means the Division of Information

27  Services of the Department of Management Services.

28         2.3.  "Information-system utility" means a full-service

29  information-processing facility offering hardware, software,

30  operations, integration, networking, and consulting services.

31

                                  19

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1         3.4.  "Customer" means a state agency or other entity

  2  which is authorized to utilize the SUNCOM Network pursuant to

  3  this part.

  4         (2)  The division and the Technology Resource Center

  5  shall:

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

  7  an information-system utility.

  8         (b)  Cooperate with the Information Resource Commission

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

10  range of services and applications needed by users of the

11  Technology Resource Center.

12         (c)  Cooperate with the Florida Legal Resource Center

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

14  develop and provide access to repositories of legal

15  information throughout the state.

16         (d)  Cooperate with the office Division of

17  Communications of the department to facilitate

18  interdepartmental networking and integration of network

19  services for its customers.

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

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

22  the state.

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

24  provide any combination of services necessary for agencies to

25  fulfill their responsibilities and to serve their users.

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

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

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

29  the Technology Resource Center shall be contingent upon

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

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

                                  20

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

  2  establish pilot projects for, and conduct experiments with

  3  information technology resources, and may implement

  4  enhancements in services when such implementation is

  5  cost-effective. Funding for experiments and pilot projects

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

  7  percent of the service revenues for the Technology Resource

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

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

10  Officer of the State Technology Office data processing policy

11  board of the center.

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

13  Technology Resource Center may spend the funds in the reserve

14  account of its working capital trust fund for enhancements to

15  center operations or for information technology resources. Any

16  expenditure of reserve account funds must be approved by the

17  data processing policy board of the center. Any funds

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

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

20  Information Officer of the State Technology Office policy

21  board.

22         Section 12.  Section 282.21, Florida Statutes, is

23  amended to read:

24         282.21  The State Technology Office of the Department

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

26  Technology Office of the Department of Management Services may

27  collect fees for providing remote electronic access pursuant

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

29  transactions or as a fixed subscription for a designated

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

31

                                  21

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

  2  activity that made the remote electronic access available.

  3         Section 13.  Section 282.22, Florida Statutes, is

  4  amended to read:

  5         282.22  The State Technology Office of the Department

  6  of Management Services production and dissemination of

  7  materials and products.--

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

  9  materials, and products, information, and services are

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

11  Technology Office of the Department of Management Services,

12  through research and development or other efforts, including

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

14  be made available for use by state and local government

15  entities at the earliest practicable date and in the most

16  economical and efficient manner possible and consistent with

17  chapter 119.

18         (2)  To accomplish this objective the office department

19  is authorized to publish or partner with private sector

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

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

22  office department is authorized to charge an amount or receive

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

24  producing and disseminating such materials, information,

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

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

27  authorized to use utilize the SUNCOM Network pursuant to this

28  part and to the public.

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

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

31  practicable or feasible for the office department to produce

                                  22

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

  2  authorized, after review and approval by the Executive Office

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

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

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

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

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

  8  state; the office department is authorized and directed to

  9  protect same against improper or unlawful use or infringement

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

11  manufacture or use thereof by any other party.

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

13  products or other money collected pursuant to this section

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

15  the office department and, when properly budgeted as approved

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

17  used to pay the cost of producing and disseminating materials

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

19         Section 14.  Section 282.303, Florida Statutes, is

20  amended to read:

21         282.303  Definitions.--For the purposes of ss.

22  282.303-282.322, the term:

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

24  216.

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

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

27  make recommendations on, information resources management.

28         (2)(3)  "Chief Information Officer" means the person

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

30  Technology Office, to coordinate and manage the information

31

                                  23

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  resources management policies and activities within that

  2  agency.

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

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

  5  coordination of information resources management issues and

  6  initiatives among the agencies.

  7         (4)(5)  "State Technology Office" means the office

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

  9  cost-effective deployment of technology and information

10  resources and services across state government specified

11  information resources management activities and to facilitate

12  educational and training opportunities.

13         (5)(6)  "Information technology "Data processing

14  hardware" means information technology equipment designed for

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

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

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

18  front-end processing units, including miniprocessors and

19  microprocessors, and related peripheral equipment such as data

20  storage devices, document scanners, data entry, terminal

21  controllers and data terminal equipment, computer-related word

22  processing systems, and equipment and systems for computer

23  networks, personal communication devices, and wireless

24  equipment.

25         (6)(7)  "Information technology "Data processing

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

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

28  enterprise resource planning, application service provision,

29  consulting, or time-sharing services.

30         (7)(8)  "Data processing software" means the programs

31  and routines used to employ and control the capabilities of

                                  24

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

  2  operating systems, compilers, assemblers, utilities, library

  3  routines, maintenance routines, applications, and computer

  4  networking programs.

  5         (8)(9)  "Agency Annual Enterprise Resource Planning and

  6  Information Resources Management Report" means the report

  7  prepared by the Chief Information Officer of each agency as

  8  required by s. 282.3063.

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

10  Planning and Information Resources Management" means the

11  report prepared by the State Technology Office as defined in

12  s. 282.3093.

13         (10)(11)  "Project" means an undertaking directed at

14  the accomplishment of a strategic objective relating to

15  enterprise information resources management or a specific

16  appropriated program.

17         (11)(12)  "Enterprise resource planning and information

18  resources management" means the planning, budgeting,

19  acquiring, developing, organizing, directing, training, and

20  control associated with government information technology

21  resources. The term encompasses information and related

22  resources, as well as the controls associated with their

23  acquisition, development, dissemination, and use.

24         (12)(13)  "Information technology resources" means data

25  processing hardware and software and services, communications,

26  supplies, personnel, facility resources, maintenance, and

27  training.

28         (13)(14)  "Enterprise Information resources management

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

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

31

                                  25

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  required to support the business processes of an agency or

  2  state enterprise.

  3         (14)(15)  "Technology Review Workgroup" means the

  4  workgroup created in s. 216.0446 to review and make

  5  recommendations on agencies' information resources management

  6  planning and budgeting proposals.

  7         (15)(16)  "Total cost" means all costs associated with

  8  information resources management projects or initiatives,

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

10  service, maintenance, incremental personnel, and facilities.

11  Total cost of a loan or gift of information technology

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

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

14  information technology resources to state universities to be

15  used in instruction or research does not include fair market

16  value.

17         Section 15.  Section 282.3031, Florida Statutes, is

18  amended to read:

19         282.3031  Assignment of information resources

20  management responsibilities.--For purposes of ss.

21  282.303-282.322, to ensure the best management of state

22  information technology resources, and notwithstanding other

23  provisions of law to the contrary, the functions of

24  information resources management are hereby assigned to the

25  Board of Regents as the agency responsible for the development

26  and implementation of policy, planning, management,

27  rulemaking, standards, and guidelines for the State University

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

29  responsible for establishing and developing rules and policies

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

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

                                  26

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

  2  within the executive branch of state government.

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

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

  5  read:

  6         282.3032  Development and implementation of information

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

  8  the state's information technology resources, the following

  9  guiding principles are adopted:

10         (1)  Enterprise resource Cooperative planning by state

11  governmental entities is a prerequisite for the effective

12  development and implementation of information systems to

13  enable sharing of data and cost-effective and efficient

14  services to individuals.

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

16  as coordination of development efforts, should include all

17  principals from the outset.

18         (3)  State governmental entities should be committed to

19  maximizing information sharing and participate in

20  enterprise-wide efforts when appropriate moving away from

21  proprietary positions taken relative to data they collect and

22  maintain.

23         (4)  State governmental entities should maximize public

24  access to data, while complying with legitimate security,

25  privacy, and confidentiality requirements.

26         (5)  State governmental entities should strive for an

27  integrated electronic system for providing individuals with

28  sharing of information via networks to the extent possible.

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

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

31

                                  27

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1         (10)  Integration Consistency of data elements should

  2  be achieved by establishing standard data definitions, and

  3  formats, and integrated electronic systems, when possible.

  4         Section 17.  Section 282.3041, Florida Statutes, is

  5  amended to read:

  6         282.3041  State agency responsibilities.--The head of

  7  each state agency, in consultation with the State Technology

  8  Office, is responsible and accountable for enterprise resource

  9  planning and information resources management within the

10  agency in accordance with legislative intent and as defined in

11  this part.

12         Section 18.  Section 282.3055, Florida Statutes, is

13  amended to read:

14         282.3055  Agency Chief Information Officer;

15  appointment; duties.--

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

17  enterprise resource planning and information resources

18  management responsibilities, the agency head shall appoint, in

19  consultation with the State Technology Office, or contract for

20  a Chief Information Officer at a level commensurate with the

21  role and importance of information technology resources in the

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

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

24  have knowledge and experience in both management and

25  information technology resources.

26         (2)  The duties of the Chief Information Officer

27  include, but are not limited to:

28         (a)  Coordinating and facilitating agency enterprise

29  resource planning and information resources management

30  projects and initiatives.

31

                                  28

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1         (b)  Preparing an agency annual report on enterprise

  2  resource planning and information resources management

  3  pursuant to s. 282.3063.

  4         (c)  Developing and implementing agency enterprise

  5  resource planning and information resources management

  6  policies, procedures, and standards, including specific

  7  policies and procedures for review and approval of the

  8  agency's purchases of information technology resources.

  9         (d)  Advising agency senior management as to the

10  enterprise resource planning and information resources

11  management needs of the agency for inclusion in planning

12  documents required by law.

13         (e)  Assisting in the development and prioritization of

14  the enterprise resource planning and information resources

15  management schedule of the agency's legislative budget

16  request.

17         Section 19.  Section 282.3063, Florida Statutes, is

18  amended to read:

19         282.3063  Agency Annual Enterprise Resource Planning

20  and Information Resources Management Report.--

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

22  University System within 90 days after completion of the

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

24  Chief Information Officer shall prepare and submit to the

25  State Technology Office an Agency Annual Enterprise Resource

26  Planning and Information Resources Management Report.

27  Following consultation with the State Technology Office

28  Council and the Chief Information Officers Council, the

29  Executive Office of the Governor and the fiscal committees of

30  the Legislature shall jointly develop and issue instructions

31  for the format and contents of the report.

                                  29

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1         (2)  The Agency Annual Enterprise Resource Planning and

  2  Information Resources Management Report shall contain, at a

  3  minimum, the following:

  4         (a)  A forecast of enterprise resource planning and

  5  information resources management priorities and initiatives

  6  for the ensuing 2 years.

  7         (b)  A description of the current enterprise resource

  8  planning and information resources management infrastructure

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

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

11  planning and information resources management projects of the

12  agency.

13         (d)  An assessment of the progress made toward

14  implementing the prior fiscal year legislative appropriation

15  to the agency for enterprise resource planning and information

16  resources management.

17         (e)  The estimated expenditures by the agency for

18  enterprise resource planning and information resources

19  management for the prior fiscal year.

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

21  agency information technology resources, which specifically

22  identifies the resources acquired during the previous fiscal

23  year.

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

25  share enterprise resource planning and information resources

26  management projects or initiatives with other governmental or

27  private entities.

28         (h)  A list of enterprise resource planning and

29  information resources management issues the agency has

30  identified as statewide issues or critical information

31

                                  30

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  resources management issues for which the State Technology

  2  Council could provide future leadership or assistance.

  3         Section 20.  Section 282.3095, Florida Statutes, is

  4  created to read:

  5         282.3095  Task Force on Privacy and Technology.--

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

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

  8  professionals in the fields of communications, government, law

  9  enforcement, law, marketing, technology, and financial

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

11  Consumer Affairs Professionals in Business, the Florida Retail

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

13  force shall study and make policy recommendations by February

14  1, 2001 to the Legislature and the Governor which includes,

15  but is not limited to:

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

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

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

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

20  the illegal use of citizens' identities and credit.

21         (c)  Balancing the traditional openness of public

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

23  identity of individuals.

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

25  and companies.

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

27  Technology Office no fewer than three pilot projects designed

28  to further the deployment of electronic access with protection

29  of privacy. The pilot projects shall apply technologies and

30  operating procedures to increase electronic access to public

31  records and to reduce the reliance on paper documents while

                                  31

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  including safeguards for the protection of privacy rights and

  2  confidential information.

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

  4  responsibilities, the task force shall hold public meetings

  5  necessary to gather the best available knowledge regarding

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

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

  8  without compensation, but shall be reimbursed for reasonable

  9  and necessary expenses of attending the public meetings and

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

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

12  be reimbursed from funds of the Department of Highway Safety

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

14         Section 21.  Section 282.310, Florida Statutes, is

15  amended to read:

16         282.310  State Annual Report on Enterprise Resource

17  Planning and Information Resources Management.--

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

19  Technology Office shall develop a State Annual Report on

20  Enterprise Resource Planning and Information Resources

21  Management.

22         (2)  The State Annual Report on Enterprise Resource

23  Planning and Information Resources Management shall contain,

24  at a minimum, the following:

25         (a)  The state vision for enterprise resource planning

26  and information resources management.

27         (b)  A forecast of the state enterprise resource

28  planning and information resources management priorities and

29  initiatives for the ensuing 2 years.

30

31

                                  32

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1         (c)  A summary of major statewide policies recommended

  2  by the State Technology Office Council for enterprise resource

  3  planning and information resources management.

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

  5  Office of the Governor.

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

  7  integrated electronic system for deploying government

  8  products, services, and information to individuals and

  9  businesses and on state enterprise resource planning and

10  information resources management initiatives and priorities

11  for the past fiscal year.

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

13  improving enterprise resource planning and information

14  resources management by the state.

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

16  information technology resources.

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

18  descriptions of agreements, contracts, or partnerships for

19  enterprise resource planning and information resources

20  management and of enterprise-wide procurements done by the

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

22         (i)  A summary of the opportunities for government

23  agencies or entities to share enterprise resource planning and

24  information resources management projects or initiatives with

25  other governmental or private sector entities.

26         (j)  A list of the information resources management

27  issues that have been identified as statewide or critical

28  issues for which the State Technology Council could provide

29  leadership or assistance.

30

31

                                  33

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  The state annual report shall also include enterprise resource

  2  planning and information resources management information from

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

  4  State University System, from the State Board of Community

  5  Colleges for the Florida Community College System, from the

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

  7  Administrative Commission on behalf of the state attorneys and

  8  public defenders. Expenditure information shall be taken from

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

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

11  the Supreme Court, and the Justice Administrative Commission.

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

13  writing or through electronic means to the Executive Office of

14  the Governor, the President of the Senate, the Speaker of the

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

16  Court.

17         Section 22.  Section 282.315, Florida Statutes, is

18  amended to read:

19         282.315  Chief Information Officers Council;

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

21  consensus building, coordination, and facilitation of

22  statewide enterprise resource planning and information

23  resources management issues is essential to improving state

24  management of such resources.

25         (1)  There is created a Chief Information Officers

26  Council to:

27         (a)  Enhance communication among the Chief Information

28  Officers of state agencies by sharing enterprise resource

29  planning and information resources management experiences and

30  exchanging ideas.

31

                                  34

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

  2  characteristic of highly successful technology organizations,

  3  as well as exemplary information technology applications of

  4  state agencies.

  5         (c)  Identify efficiency opportunities among state

  6  agencies.

  7         (d)  Serve as an educational forum for enterprise

  8  resource planning and information resources management issues.

  9         (e)  Assist the State Technology Office Council in

10  identifying critical statewide issues and, when appropriate,

11  make recommendations for solving enterprise resource planning

12  and information resources management deficiencies.

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

14  Information Officers of all state agencies, including the

15  Chief Information Officers of the agencies and governmental

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

17  one Chief Information Officer selected by the state attorneys

18  and one Chief Information Officer selected by the public

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

20  Information Board, the Florida Financial Management

21  Information System Coordinating Council, the Criminal and

22  Juvenile Justice Information Systems Council, and the Health

23  Information Systems Council shall represent their respective

24  organizations on the Chief Information Officers Council as

25  voting members.

26         (3)  The State Technology Office shall provide

27  administrative support to the council.

28         Section 23.  Section 282.318, Florida Statutes, is

29  amended to read:

30         282.318  Security of data and information technology

31  resources.--

                                  35

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

  2  and Information Technology Resources Act."

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

  4  State Technology Office, is responsible and accountable for

  5  assuring an adequate level of security for all data and

  6  information technology resources of the agency and, to carry

  7  out this responsibility, shall, at a minimum:

  8         1.  Designate an information security manager who shall

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

10  information technology resources.

11         2.  Conduct, and periodically update, a comprehensive

12  risk analysis to determine the security threats to the data

13  and information technology resources of the agency.  The risk

14  analysis information is confidential and exempt from the

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

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

17  postauditing duties.

18         3.  Develop, and periodically update, written internal

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

20  information technology resources of the agency.  The internal

21  policies and procedures which, if disclosed, could facilitate

22  the unauthorized modification, disclosure, or destruction of

23  data or information technology resources are confidential

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

25  except that such information shall be available to the Auditor

26  General in performing his or her postauditing duties.

27         4.  Implement appropriate cost-effective safeguards to

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

29  data and information technology resources of the agency.

30         5.  Ensure that periodic internal audits and

31  evaluations of the security program for the data and

                                  36

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  information technology resources of the agency are conducted.

  2  The results of such internal audits and evaluations are

  3  confidential information and exempt from the provisions of s.

  4  119.07(1), except that such information shall be available to

  5  the Auditor General in performing his or her postauditing

  6  duties.

  7         6.  Include appropriate security requirements, as

  8  determined by the agency, in the written specifications for

  9  the solicitation of information technology resources.

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

11  Office of the Department of Management Services develops state

12  contracts for use by state agencies, the department shall

13  include appropriate security requirements in the

14  specifications for the solicitation for state contracts for

15  procuring information technology resources.

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

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

18         282.404  Geographic information board; definition;

19  membership; creation; duties; advisory council; membership;

20  duties.--

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

22  created in the State Technology Executive Office of the

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

24  identification, coordination, collection, and sharing of

25  geographic information among federal, state, regional, and

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

27  develop solutions, policies, and standards to increase the

28  value and usefulness of geographic information concerning

29  Florida. In formulating and developing solutions, policies,

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

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

                                  37

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  large and small municipalities, urban and rural county

  2  governments, and the private sector.

  3         (b)  The Geographic Information Board may issue

  4  guidelines on recommended best practices, including

  5  recommended policies and standards, for the identification,

  6  coordination, collection, and sharing of geographic

  7  information.

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

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

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

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

12  for board initiatives.

13         (3)  The board consists of the Chief Information

14  Officer in the State Technology Office Director of Planning

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

16  executive director of the Fish and Wildlife Conservation

17  Commission, the executive director of the Department of

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

19  177.503, or their designees, and the heads of the following

20  agencies, or their designees: the Department of Agriculture

21  and Consumer Services, the Department of Community Affairs,

22  the Department of Environmental Protection, the Department of

23  Transportation, and the Board of Professional Surveyors and

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

25  each to represent the counties, municipalities, regional

26  planning councils, water management districts, and county

27  property appraisers. The Governor shall initially appoint two

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

29  4-year terms. Thereafter, the terms of all appointed members

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

31

                                  38

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




  1  be appointed to successive terms and incumbent members may

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

  3         (4)  The Chief Information Officer in the State

  4  Technology Office Director of Planning and Budgeting of the

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

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

  7  membership of the board constitutes a quorum for the conduct

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

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

10  necessary to transact business. Administrative and clerical

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

12  Office of the Department of Management Services.

13         (6)  The Florida Geographic Information Advisory

14  Council is created in the State Technology Office Executive

15  Office of the Governor to provide technical assistance and

16  recommendations to the board.

17         (7)  The Geographic Information Advisory Council

18  consists of one member each from the State Technology Office

19  Office of Planning and Budgeting within the Executive Office

20  of the Governor, the Fish and Wildlife Conservation

21  Commission, the Department of Revenue, the Department of

22  Agriculture and Consumer Services, the Department of Community

23  Affairs, the Department of Environmental Protection, the

24  Department of Transportation, the State Cadastral Surveyor,

25  the Board of Professional Surveyors and Mappers, counties,

26  municipalities, regional planning councils, water management

27  districts, and property appraisers, as appointed by the

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

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

30  recommended by the respective organization, to represent the

31  Department of Children and Family Services, the Department of

                                  39

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

  2  of the American Society of Photogrammetry and Remote Sensing,

  3  Florida Association of Cadastral Mappers, the Florida

  4  Association of Professional Geologists, Florida Engineering

  5  Society, Florida Chapter of the Urban and Regional Information

  6  Systems Association, the forestry industry, the State

  7  University System survey and mapping academic research

  8  programs, and State University System geographic information

  9  systems academic research programs; and two members

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

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

12  technical expertise in geographic information issues. The

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

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

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

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

17  incumbent members may continue to serve the council until a

18  successor is appointed. Representatives of the Federal

19  Government may serve as ex officio members without voting

20  rights.

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

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

23  advisory council biennially. The council shall meet at least

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

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

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

27  meetings on behalf of the council. Administrative and clerical

28  support shall be provided by the State Technology Office of

29  the Department of Management Services.

30

31

                                  40

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

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

  3  Statutes, are amended to read:

  4         119.07  Inspection, examination, and duplication of

  5  records; exemptions.--

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

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

  8  this subsection is such as to require extensive use of

  9  information technology resources or extensive clerical or

10  supervisory assistance by personnel of the agency involved, or

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

12  duplication, a special service charge, which shall be

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

14  extensive use of information technology resources or the labor

15  cost of the personnel providing the service that is actually

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

17  clerical and supervisory assistance required, or both.

18  "Information technology resources" shall have the same meaning

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

20         (3)

21         (o)  Data processing software obtained by an agency

22  under a licensing agreement which prohibits its disclosure and

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

24  and agency-produced data processing software which is

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

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

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

28  agency head from sharing or exchanging such software with

29  another public agency.  As used in this paragraph:

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

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

                                  41

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






    Florida Senate - 2000                                  SB 2474
    19-1634B-00




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

  2  processing software, including the specifications and

  3  documentation, used to:

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

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

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

  7  management information of the agency, such as payroll and

  8  accounting records; or

  9         c.  Control and direct access authorizations and

10  security measures for automated systems.

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

12  Statutes, is amended to read:

13         287.073  Procurement of information technology

14  resources.--

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

16  "information technology resources" has the same meaning

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

18         Section 27.  Sections 282.3091 and 282.3093, Florida

19  Statutes, are repealed.

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

21  law.

22

23            *****************************************

24                          SENATE SUMMARY

25    Creates the State Technology Office within the Department
      of Management Services to provide support and guidance
26    for the state's use and management of information
      technology resources.
27

28

29

30

31

                                  42