HOUSE AMENDMENT
                                                  Bill No. HB 1811   Barcode 150335
    Amendment No. 5 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Committee on Fiscal Policy & Resources offered the
12  following:
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14         Amendment (with title amendment) 
15         On page 52, between lines 21 and 22, of the bill
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17  insert:  
18         Section 28.  Paragraph (f) of subsection (2) of section
19  216.163, Florida Statutes, is amended to read:
20         216.163  Governor's recommended budget; form and
21  content; declaration of collective bargaining impasses.--
22         (2)  The Governor's recommended budget shall also
23  include:
24         (f)  The Governor's recommendations for high-risk
25  critical information technology resource management projects
26  which should be subject to special monitoring under s.
27  282.322. These recommendations shall include proviso language
28  which specifies whether funds are specifically provided to
29  contract for project monitoring, or whether the Auditor
30  General will conduct such project monitoring. When funds are
31  recommended for contracting with a project monitor, such funds
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    File original & 9 copies    04/04/01                          
    hft0006                     01:55 pm         01811-fpr -150335

HOUSE AMENDMENT Bill No. HB 1811 Barcode 150335 Amendment No. 5 (for drafter's use only) 1 may equal 1 percent to 5 percent of the project's estimated 2 total costs. These funds shall be specifically appropriated 3 and nonrecurring. 4 Section 29. Paragraph (b) of subsection (1) and 5 paragraph (o) of subsection (3) of section 119.07, Florida 6 Statutes, are amended to read: 7 119.07 Inspection, examination, and duplication of 8 records; exemptions.-- 9 (1) 10 (b) If the nature or volume of public records 11 requested to be inspected, examined, or copied pursuant to 12 this subsection is such as to require extensive use of 13 information technology resources or extensive clerical or 14 supervisory assistance by personnel of the agency involved, or 15 both, the agency may charge, in addition to the actual cost of 16 duplication, a special service charge, which shall be 17 reasonable and shall be based on the cost incurred for such 18 extensive use of information technology resources or the labor 19 cost of the personnel providing the service that is actually 20 incurred by the agency or attributable to the agency for the 21 clerical and supervisory assistance required, or both. 22 "Information technology resources" means data processing 23 hardware and software and services, communications, supplies, 24 personnel, facility resources, maintenance, and training shall 25 have the same meaning as in s. 282.303(12). 26 (3) 27 (o) Data processing software obtained by an agency 28 under a licensing agreement which prohibits its disclosure and 29 which software is a trade secret, as defined in s. 812.081, 30 and agency-produced data processing software which is 31 sensitive are exempt from the provisions of subsection (1) and 2 File original & 9 copies 04/04/01 hft0006 01:55 pm 01811-fpr -150335
HOUSE AMENDMENT Bill No. HB 1811 Barcode 150335 Amendment No. 5 (for drafter's use only) 1 s. 24(a), Art. I of the State Constitution. The designation 2 of agency-produced software as sensitive shall not prohibit an 3 agency head from sharing or exchanging such software with 4 another public agency. As used in this paragraph: 5 1. "Data processing software" means the programs and 6 routines used to employ and control the capabilities of data 7 processing hardware, including, but not limited to, operating 8 systems, compilers, assemblers, utilities, library routines, 9 maintenance routines, applications, and computer networking 10 programs has the same meaning as in s. 282.303(7). 11 2. "Sensitive" means only those portions of data 12 processing software, including the specifications and 13 documentation, used to: 14 a. Collect, process, store, and retrieve information 15 which is exempt from the provisions of subsection (1); 16 b. Collect, process, store, and retrieve financial 17 management information of the agency, such as payroll and 18 accounting records; or 19 c. Control and direct access authorizations and 20 security measures for automated systems. 21 Section 30. Paragraph (b) of subsection (1) of section 22 119.083, Florida Statutes, is amended to read: 23 119.083 Definitions; copyright of data processing 24 software created by governmental agencies; fees; prohibited 25 contracts.-- 26 (1) As used in this section: 27 (b) "Data processing software" has the same meaning as 28 in s. 119.07(3)(o) 282.303. 29 30 31 3 File original & 9 copies 04/04/01 hft0006 01:55 pm 01811-fpr -150335
HOUSE AMENDMENT Bill No. HB 1811 Barcode 150335 Amendment No. 5 (for drafter's use only) 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 5, line 26, 4 5 after the semicolon, insert: 6 amending s. 216.163, F.S.; providing that the 7 Governor's recommended budget shall include 8 recommendations for specified high-risk 9 information technology projects; amending s. 10 119.07, F.S.; defining "information technology 11 resources" and "data processing software"; 12 amending ss. 119.083, F.S.; correcting cross 13 references; 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 File original & 9 copies 04/04/01 hft0006 01:55 pm 01811-fpr -150335