HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
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11  Representative(s) Hart offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Paragraph (b) of subsection (2) and
18  subsection (3) of section 20.22, Florida Statutes, are amended
19  to read:
20         20.22  Department of Management Services.--There is
21  created a Department of Management Services.
22         (2)  The following divisions and programs within the
23  Department of Management Services are established:
24         (b)  State Technology Office Information Technology
25  Program.
26         (3)  The State Technology Office Information Technology
27  Program shall operate and manage the Technology Resource
28  Center.
29         Section 2.  Subsection (2) of section 110.205, Florida
30  Statutes, is amended to read:
31         110.205  Career service; exemptions.--
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    File original & 9 copies    04/24/01                          
    hit0001                     10:52 pm         01811-0057-820279

HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 (2) EXEMPT POSITIONS.--The exempt positions which are 2 not covered by this part include the following, provided that 3 no position, except for positions established for a limited 4 period of time pursuant to paragraph (i) (h), shall be 5 exempted if the position reports to a position in the career 6 service: 7 (a) All officers of the executive branch elected by 8 popular vote and persons appointed to fill vacancies in such 9 offices. Unless otherwise fixed by law, the salary and 10 benefits for any such officer who serves as the head of a 11 department shall be set by the department in accordance with 12 the rules of the Senior Management Service. 13 (b) All members, officers, and employees of the 14 legislative branch, except for the members, officers, and 15 employees of the Florida Public Service Commission. 16 (c) All members, officers, and employees of the 17 judicial branch. 18 (d) All officers and employees of the State University 19 System and the Correctional Education Program within the 20 Department of Corrections, and the academic personnel and 21 academic administrative personnel of the Florida School for 22 the Deaf and the Blind. In accordance with the provisions of 23 chapter 242, the salaries for academic personnel and academic 24 administrative personnel of the Florida School for the Deaf 25 and the Blind shall be set by the board of trustees for the 26 school, subject only to the approval of the State Board of 27 Education. The salaries for all instructional personnel and 28 all administrative and noninstructional personnel of the 29 Correctional Education Program shall be set by the Department 30 of Corrections, subject to the approval of the Department of 31 Management Services. 2 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 (e) The Chief Information Officer, deputy chief 2 information officers, chief technology officers, and deputy 3 chief technology officers in the State Technology Office. 4 Unless otherwise fixed by law, the State Technology Office 5 shall set the salary and benefits of these positions in 6 accordance with the rules of the Senior Management Service. 7 (f)(e) All members of state boards and commissions, 8 however selected. Unless otherwise fixed by law, the salary 9 and benefits for any full-time board or commission member 10 shall be set by the department in accordance with the rules of 11 the Senior Management Service. 12 (g)(f) Judges, referees, and receivers. 13 (h)(g) Patients or inmates in state institutions. 14 (i)(h) All positions which are established for a 15 limited period of time for the purpose of conducting a special 16 study, project, or investigation and any person paid from an 17 other-personal-services appropriation. Unless otherwise fixed 18 by law, the salaries for such positions and persons shall be 19 set in accordance with rules established by the employing 20 agency for other-personal-services payments pursuant to s. 21 110.131. 22 (j)(i) The appointed secretaries, assistant 23 secretaries, deputy secretaries, and deputy assistant 24 secretaries of all departments; the executive directors, 25 assistant executive directors, deputy executive directors, and 26 deputy assistant executive directors of all departments; and 27 the directors of all divisions and those positions determined 28 by the department to have managerial responsibilities 29 comparable to such positions, which positions include, but are 30 not limited to, program directors, assistant program 31 directors, district administrators, deputy district 3 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 administrators, the Director of Central Operations Services of 2 the Department of Children and Family Services, and the State 3 Transportation Planner, State Highway Engineer, State Public 4 Transportation Administrator, district secretaries, district 5 directors of planning and programming, production, and 6 operations, and the managers of the offices specified in s. 7 20.23(3)(d)2., of the Department of Transportation. Unless 8 otherwise fixed by law, the department shall set the salary 9 and benefits of these positions in accordance with the rules 10 of the Senior Management Service. 11 (k)(j) The personal secretary to the incumbent of each 12 position exempted in paragraphs paragraph (a), (e), and (j). 13 and to each appointed secretary, assistant secretary, deputy 14 secretary, executive director, assistant executive director, 15 and deputy executive director of each department under 16 paragraph (i). Unless otherwise fixed by law, the department 17 shall set the salary and benefits of these positions in 18 accordance with the rules of the Selected Exempt Service. 19 (l)(k) All officers and employees in the office of the 20 Governor, including all employees at the Governor's mansion, 21 and employees within each separate budget entity, as defined 22 in chapter 216, assigned to the Governor. Unless otherwise 23 fixed by law, the salary and benefits of these positions shall 24 be set by the department as follows: 25 1. The chief of staff, the assistant or deputy chief 26 of staff, general counsel, Director of Legislative Affairs, 27 chief inspector general, Director of Cabinet Affairs, Director 28 of Press Relations, Director of Planning and Budgeting, 29 director of administration, director of state-federal 30 relations, Director of Appointments, Director of External 31 Affairs, Deputy General Counsel, Governor's Liaison for 4 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 Community Development, Chief of Staff for the Lieutenant 2 Governor, Deputy Director of Planning and Budgeting, policy 3 coordinators, and the director of each separate budget entity 4 shall have their salaries and benefits established by the 5 department in accordance with the rules of the Senior 6 Management Service. 7 2. The salaries and benefits of positions not 8 established in sub-subparagraph a. shall be set by the 9 employing agency. Salaries and benefits of employees whose 10 professional training is comparable to that of licensed 11 professionals under paragraph (r) (q), or whose administrative 12 responsibility is comparable to a bureau chief shall be set by 13 the Selected Exempt Service. The department shall make the 14 comparability determinations. Other employees shall have 15 benefits set comparable to legislative staff, except leave 16 shall be comparable to career service as if career service 17 employees. 18 (m)(l) All assistant division director, deputy 19 division director, and bureau chief positions in any 20 department, and those positions determined by the department 21 to have managerial responsibilities comparable to such 22 positions, which positions include, but are not limited to, 23 positions in the Department of Health, the Department of 24 Children and Family Services, and the Department of 25 Corrections that are assigned primary duties of serving as the 26 superintendent or assistant superintendent, or warden or 27 assistant warden, of an institution; positions in the 28 Department of Corrections that are assigned primary duties of 29 serving as the circuit administrator or deputy circuit 30 administrator; positions in the Department of Transportation 31 that are assigned primary duties of serving as regional toll 5 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 managers and managers of offices as defined in s. 2 20.23(3)(d)3. and (4)(d); positions in the Department of 3 Environmental Protection that are assigned the duty of an 4 Environmental Administrator or program administrator; those 5 positions described in s. 20.171 as included in the Senior 6 Management Service; and positions in the Department of Health 7 that are assigned the duties of Environmental Administrator, 8 Assistant County Health Department Director, and County Health 9 Department Financial Administrator. Unless otherwise fixed by 10 law, the department shall set the salary and benefits of these 11 positions in accordance with the rules established for the 12 Selected Exempt Service. 13 (n)(m)1.a. In addition to those positions exempted by 14 other paragraphs of this subsection, each department head may 15 designate a maximum of 20 policymaking or managerial 16 positions, as defined by the department and approved by the 17 Administration Commission, as being exempt from the Career 18 Service System. Career service employees who occupy a position 19 designated as a position in the Selected Exempt Service under 20 this paragraph shall have the right to remain in the Career 21 Service System by opting to serve in a position not exempted 22 by the employing agency. Unless otherwise fixed by law, the 23 department shall set the salary and benefits of these 24 positions in accordance with the rules of the Selected Exempt 25 Service; provided, however, that if the agency head determines 26 that the general counsel, chief Cabinet aide, public 27 information administrator or comparable position for a Cabinet 28 officer, inspector general, or legislative affairs director 29 has both policymaking and managerial responsibilities and if 30 the department determines that any such position has both 31 policymaking and managerial responsibilities, the salary and 6 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 benefits for each such position shall be established by the 2 department in accordance with the rules of the Senior 3 Management Service. 4 b. In addition, each department may designate one 5 additional position in the Senior Management Service if that 6 position reports directly to the agency head or to a position 7 in the Senior Management Service and if any additional costs 8 are absorbed from the existing budget of that department. 9 2. If otherwise exempt, employees of the Public 10 Employees Relations Commission, the Commission on Human 11 Relations, and the Unemployment Appeals Commission, upon the 12 certification of their respective commission heads, may be 13 provided for under this paragraph as members of the Senior 14 Management Service, if otherwise qualified. However, the 15 deputy general counsels of the Public Employees Relations 16 Commission shall be compensated as members of the Selected 17 Exempt Service. 18 (o)(n) The executive director, deputy executive 19 director, general counsel, official reporters, and division 20 directors within the Public Service Commission and the 21 personal secretary and personal assistant to each member of 22 the Public Service Commission. Unless otherwise fixed by law, 23 the salary and benefits of the executive director, deputy 24 executive directors, general counsel, Director of 25 Administration, Director of Appeals, Director of Auditing and 26 Financial Analysis, Director of Communications, Director of 27 Consumer Affairs, Director of Electric and Gas, Director of 28 Information Processing, Director of Legal Services, Director 29 of Records and Reporting, Director of Research, and Director 30 of Water and Sewer shall be set by the department in 31 accordance with the rules of the Senior Management Service. 7 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 The salary and benefits of the personal secretary and the 2 personal assistant of each member of the commission and the 3 official reporters shall be set by the department in 4 accordance with the rules of the Selected Exempt Service, 5 notwithstanding any salary limitations imposed by law for the 6 official reporters. 7 (p)(o)1. All military personnel of the Department of 8 Military Affairs. Unless otherwise fixed by law, the salary 9 and benefits for such military personnel shall be set by the 10 Department of Military Affairs in accordance with the 11 appropriate military pay schedule. 12 2. The military police chiefs, military police 13 officers, firefighter trainers, firefighter-rescuers, and 14 electronic security system technicians shall have salary and 15 benefits the same as career service employees. 16 (q)(p) The staff directors, assistant staff directors, 17 district program managers, district program coordinators, 18 district subdistrict administrators, district administrative 19 services directors, district attorneys, and the Deputy 20 Director of Central Operations Services of the Department of 21 Children and Family Services and the county health department 22 directors and county health department administrators of the 23 Department of Health. Unless otherwise fixed by law, the 24 department shall establish the salary range and benefits for 25 these positions in accordance with the rules of the Selected 26 Exempt Service. 27 (r)(q) All positions not otherwise exempt under this 28 subsection which require as a prerequisite to employment: 29 licensure as a physician pursuant to chapter 458, licensure as 30 an osteopathic physician pursuant to chapter 459, licensure as 31 a chiropractic physician pursuant to chapter 460, including 8 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 those positions which are occupied by employees who are 2 exempted from licensure pursuant to s. 409.352; licensure as 3 an engineer pursuant to chapter 471, which are supervisory 4 positions except for such positions in the Department of 5 Transportation; or for 12 calendar months, which require as a 6 prerequisite to employment that the employee have received the 7 degree of Bachelor of Laws or Juris Doctor from a law school 8 accredited by the American Bar Association and thereafter 9 membership in The Florida Bar, except for any attorney who 10 serves as an administrative law judge pursuant to s. 120.65 or 11 for hearings conducted pursuant to s. 120.57(1)(a). Unless 12 otherwise fixed by law, the department shall set the salary 13 and benefits for these positions in accordance with the rules 14 established for the Selected Exempt Service. 15 (s)(r) The statewide prosecutor in charge of the 16 Office of Statewide Prosecution of the Department of Legal 17 Affairs and all employees in the office. The Department of 18 Legal Affairs shall set the salary of these positions. 19 (t)(s) The executive director of each board or 20 commission established within the Department of Business and 21 Professional Regulation or the Department of Health. Unless 22 otherwise fixed by law, the department shall establish the 23 salary and benefits for these positions in accordance with the 24 rules established for the Selected Exempt Service. 25 (u)(t) All officers and employees of the State Board 26 of Administration. The State Board of Administration shall set 27 the salaries and benefits of these positions. 28 (v)(u) Positions which are leased pursuant to a state 29 employee lease agreement expressly authorized by the 30 Legislature pursuant to s. 110.191. 31 (w) All managers, supervisors, and confidential 9 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 employees of the State Technology Office. The State Technology 2 Office shall set the salaries and benefits of these positions 3 in accordance with the rules established for the Selected 4 Exempt Service. 5 Section 3. Section 186.022, Florida Statutes, is 6 amended to read: 7 186.022 Information technology resource strategic 8 plans.--By June 1 of each year, the Geographic Information 9 Board, the Financial Management Information Board, the 10 Criminal and Juvenile Justice Information Systems Council, and 11 the Health Information Systems Council shall each develop and 12 submit to the State Technology Office an information 13 technology resource strategic plan to the Executive Office of 14 the Governor in a form and manner prescribed in written 15 instructions from prepared by the State Technology Office 16 Executive Office of the Governor in consultation with the 17 Executive Office of the Governor and the legislative 18 appropriations committees. The State Technology Office 19 Executive Office of the Governor shall review each such the 20 strategic plan and may provide comments within 30 days. In its 21 review, the Executive Office of the Governor shall determine 22 consider all comments and findings of the Technology Review 23 Workgroup as to whether each such the plan is consistent with 24 the State Annual Report on Enterprise Resource Planning and 25 Information Resources Management and statewide policies 26 adopted by the State Technology Office, and by July 1 of each 27 year shall develop and transmit to each such board and council 28 a written expression of its findings, conclusions, and 29 required changes, if any, with respect to each such strategic 30 plan recommended by the State Technology Council. If any 31 change to any such strategic plan is revisions are required, 10 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 each affected board boards and council shall revise its 2 strategic plan to the extent necessary to incorporate such 3 required changes councils have 30 days to incorporate those 4 revisions and shall resubmit its strategic return the plan to 5 the State Technology Office for final approval and acceptance 6 Executive Office of the Governor. 7 Section 4. Subsection (4) of section 216.013, Florida 8 Statutes, is amended to read: 9 216.013 Long-range program plan.-- 10 (4) The Executive Office of the Governor shall review 11 the long-range program plans for executive agencies to ensure 12 that they are consistent with the state's goals and objectives 13 and other requirements as specified in the written 14 instructions and that they provide the framework and context 15 for the agency's budget request. In its review, the Executive 16 Office of the Governor shall consider the findings of the 17 State Technology Office Technology Review Workgroup as to the 18 consistency of the information technology portion of 19 long-range program plans with the State Annual Report on 20 Enterprise Resource Planning and Information Resources 21 Management and statewide policies adopted recommended by the 22 State Technology Office Council and the state's plan for 23 facility needs pursuant to s. 216.0158. Based on the results 24 of the review, the Executive Office of the Governor may 25 require an agency to revise the plan. 26 Section 5. Section 216.0446, Florida Statutes, is 27 amended to read: 28 216.0446 Review of information resources management 29 needs.-- 30 (1) There is created within the Legislature the 31 Technology Review Workgroup. The State Technology Office 11 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 workgroup shall review and make recommendations with respect 2 to the portion of agencies' long-range program plans which 3 pertains to information resources management needs and with 4 respect to agencies' legislative budget requests for 5 information technology and related resources management. The 6 State Technology Office Technology Review Workgroup shall 7 report such recommendations, together with the findings and 8 conclusions on which such recommendations are based, be 9 responsible to the Executive Office of the Governor and the 10 chairs of the legislative appropriations committees. 11 (2) In addition to the powers and duties otherwise 12 provided by law, the State Technology Office its primary duty 13 specified in subsection (1), the Technology Review Workgroup 14 shall have powers and duties that include, but are not limited 15 to, the following: 16 (a) To evaluate the information resource management 17 needs identified in the agency long-range program plans for 18 consistency with the State Annual Report on Enterprise 19 Resource Planning and Information Resources Management and 20 statewide policies adopted recommended by the State Technology 21 Office Council, and make recommendations to the Executive 22 Office of the Governor and the chairs of the legislative 23 appropriations committees. 24 (b) To review and make recommendations to the 25 Executive Office of the Governor and to the chairs of the 26 legislative appropriations committees on proposed budget 27 amendments and agency transfers associated with information 28 technology resources management initiatives or projects that 29 involve more than one agency, that have an outcome that 30 impacts another agency, or that exceed $500,000 in total cost 31 over a 1-year period. 12 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 Section 6. Subsection (5) of section 216.181, Florida 2 Statutes, is amended to read: 3 216.181 Approved budgets for operations and fixed 4 capital outlay.-- 5 (5) An amendment to the original approved operating 6 budget for an information technology project or initiative 7 which requires review as provided in s. 216.181 resources 8 management project or initiative that involves more than one 9 agency, has an outcome that impacts another agency, or exceeds 10 $500,000 in total cost over a 1-year period, except for those 11 projects that are a continuation of hardware or software 12 maintenance or software licensing agreements, or that are for 13 desktop replacement that is similar to the technology 14 currently in use must be reviewed by the State Technology 15 Office Technology Review Workgroup pursuant to s. 216.0466. 16 This excludes items submitted by the State Technology Office 17 for review and approval according to the provisions of this 18 section. and approved by the Executive Office of the Governor 19 for the executive branch or by the Chief Justice for the 20 judicial branch, and shall be subject to the notice and review 21 procedures set forth in s. 216.177. 22 Section 7. Section 216.235, Florida Statutes, is 23 amended to read: 24 216.235 Innovation Investment Program; intent; 25 definitions; composition and responsibilities of State 26 Innovation Committee; responsibilities of the Office of 27 Tourism, Trade, and Economic Development Department of 28 Management Services, the Information Resource Commission, and 29 the review board; procedures for innovative project 30 submission, review, evaluation, and approval; criteria to be 31 considered.-- 13 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 (1) This section shall be cited as the "Innovation 2 Investment Program Act." 3 (2) The Legislature finds that each state agency 4 should be encouraged to pursue innovative investment projects 5 which demonstrate a novel, creative, and entrepreneurial 6 approach to conducting the agency's normal business processes; 7 effectuate a significant change in the accomplishment of the 8 agency's activities; address an important problem of public 9 concern; and have the potential of being replicated by other 10 state agencies. The Legislature further finds that investment 11 in innovation can produce longer-term savings and that funds 12 for such investment should be available to assist agencies in 13 investing in innovations that produce a cost savings to the 14 state or improve the quality of services delivered. The 15 Legislature also finds that any eligible savings realized as a 16 result of investment in innovation should be available for 17 future investment in innovation. 18 (3) For purposes of this section: 19 (a) "Agency" means an official, officer, commission, 20 authority, council, committee, department, division, bureau, 21 board, section, or other unit or entity of the executive 22 branch. 23 (b) "Commission" means the Information Resource 24 Commission. 25 (c) "Committee" means the State Innovation Committee. 26 (d) "Office" means the Office of Tourism, Trade, and 27 Economic Development within the Executive Office of the 28 Governor. "Department" means the Department of Management 29 Services. 30 (e) "Review board" means a nonpartisan board composed 31 of private citizens and public employees who evaluate the 14 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 projects and make funding recommendations to the committee. 2 (4) There is hereby created the State Innovation 3 Committee, which shall have final approval authority as to 4 which innovative investment projects submitted under this 5 section shall be funded. Such committee shall be comprised of 6 seven five members. Appointed members shall serve terms of 1 7 year and may be reappointed. The committee shall include: 8 (a) The Lieutenant Governor. 9 (b) The director of the Governor's Office of Planning 10 and Budgeting. 11 (c) The Chief Information Officer in the State 12 Technology Office. 13 (d)(c) The Comptroller. 14 (e)(d) One representative of the private sector 15 appointed by the Commission on Government Accountability to 16 the People. 17 (f)(e) The director of the Office of Tourism, Trade, 18 and Economic Development. One representative appointed by 19 Enterprise Florida, Inc. 20 (g) The Chair of IT Florida.com, Inc. 21 22 The Secretary of Management Services shall serve as an 23 alternate in the event a member is unable to attend the 24 committee meeting. 25 (5) Agencies shall submit proposed innovative 26 investment projects to the Office of Tourism, Trade, and 27 Economic Development department by a date established and in 28 the format prescribed by the office department. Such 29 innovative investment project proposals shall include, but not 30 be limited to: 31 (a) The identification of a specific innovative 15 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 investment project. 2 (b) The name of the agency's innovative investment 3 project administrator. 4 (c) A cost/benefit analysis which is a financial 5 summary of how the innovative investment project will produce 6 a cost savings for the agency or improve the quality of the 7 public services delivered by the agency. The analysis shall 8 include a breakdown of each project cost category, including, 9 but not limited to: the costs associated with hiring of 10 other-personal-services staff, re-engineering efforts, 11 purchase of equipment, maintenance agreements, training, 12 consulting services, travel, acquisition of information 13 technology resources; any monetary or in-kind contributions 14 made by the agency, another public entity, or the private 15 sector; and available baseline data, performance measures, and 16 outcomes as defined in s. 216.011(1). 17 (d) The approval of the agency head, the agency's 18 budget director, the agency's inspector general or internal 19 auditor, and, if the innovative investment project involves 20 information technology resources, the information resource 21 manager. 22 (6) Any agency developing an innovative investment 23 project proposal that involves information technology 24 resources may consult with and seek technical assistance from 25 the commission. The office department shall consult with the 26 commission for any project proposal that involves information 27 resource technology. The commission is responsible for 28 evaluating these projects and for advising the committee and 29 review board of the technical feasibility and any transferable 30 benefits of the proposed technology. In addition to the 31 requirements of subsection (5), the agencies shall provide to 16 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 the commission any information requested by the commission to 2 aid in determining that the proposed technology is appropriate 3 for the project's success. 4 (7) The office department shall select a review board 5 composed of private and public members. Terms of review board 6 members shall be for 1 year beginning on a date established by 7 the office department. Review board members may serve more 8 than one term. The board shall evaluate innovative investment 9 projects and shall make recommendations to the committee as to 10 which innovative projects should be considered for funding. 11 (8) When evaluating projects, the committee and the 12 review board shall consider whether the innovative investment 13 project meets the following criteria: 14 (a) Increases the quality of public services by the 15 agency. 16 (b) Reduces costs for the agency. 17 (c) Involves a cooperative effort with another public 18 entity or the private sector. 19 (d) Reduces the need for hiring additional employees 20 or avoids other operating costs incurred by the agency in the 21 future. 22 (9) The committee shall allocate funds based on a 23 competitive evaluation process and award funds to agencies for 24 innovative investment projects demonstrating quantifiable 25 savings to the state, or improved customer service delivery. 26 (10) The awarded agency shall monitor and evaluate the 27 projects to determine if the anticipated results were 28 achieved. 29 (11) Funds appropriated for the Innovation Investment 30 Program shall be distributed by the Executive Office of the 31 Governor subject to notice, review, and objection procedures 17 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 set forth in s. 216.177. The office department may transfer 2 funds from the annual appropriation as necessary to administer 3 the program. 4 Section 8. Paragraph (c) is added to subsection (1) of 5 section 216.292, Florida Statutes, to read: 6 216.292 Appropriations nontransferable; exceptions.-- 7 (1) 8 (c) Notwithstanding any other provision of this 9 section or the provisions of s. 216.351, for fiscal year 10 2001-2002, state agencies may transfer positions and 11 appropriations as necessary to comply with any provision of 12 the General Appropriations Act, or any other provision of law, 13 that requires or specifically authorizes the transfer of 14 positions and appropriations in the consolidation of 15 information technology resources to the State Technology 16 Office. 17 Section 9. Section 282.005, Florida Statutes, is 18 amended to read: 19 282.005 Legislative findings and intent.--The 20 Legislature finds that: 21 (1) Information is a strategic asset of the state, 22 and, as such, it should be managed as a valuable state 23 resource. 24 (2) The state makes significant investments in 25 information technology resources in order to manage 26 information and to provide services to its citizens. 27 (3) An office must be created to provide support and 28 guidance to enhance the state's use and management of 29 information technology resources and to design, procure, and 30 deploy, on behalf of the state, information technology 31 resources. 18 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 (4) The cost-effective deployment of information 2 technology and information resources by state agencies can 3 best be managed by a Chief Information Officer. 4 (5) 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 state agency. The 9 State Technology Office shall use the state's information 10 technology in the best interest of the state as a whole and 11 shall contribute to and make use of shared data and related 12 resources whenever appropriate. Each agency head has primary 13 responsibility and accountability for setting agency 14 priorities, identifying business needs, and determining agency 15 services and programs to be developed as provided by law. The 16 State Technology Office, through service level agreements with 17 each agency, shall provide the information technology needed 18 for the agency to accomplish its mission. 19 (6) The expanding need for, use of, and dependence on 20 information technology resources requires focused management 21 attention and managerial accountability by state agencies and 22 the state as a whole. 23 (7) The agency head, in consultation with the State 24 Technology Office, has primary responsibility for the agency's 25 information technology resources and for their use in 26 accomplishing the agency's mission. However, each agency 27 shall also use its information technology resources in the 28 best interests of the state as a whole and thus contribute to 29 and make use of shared data and related resources whenever 30 appropriate. 31 (7)(8) The state, through the State Technology Office, 19 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 shall provide, by whatever means is most cost-effective and 2 efficient, the information technology, enterprise resource 3 planning and management, and enterprise resource management 4 infrastructure the information resources management 5 infrastructure needed to collect, store, and process the 6 state's data and information, provide connectivity, and 7 facilitate the exchange of data and information among both 8 public and private parties. 9 (8)(9) A necessary part of the state's information 10 technology resources management infrastructure is a statewide 11 communications system for all types of signals, including, but 12 not limited to, voice, data, video, radio, telephone, 13 wireless, and image. 14 (9)(10) To ensure the best management of the state's 15 information technology resources, and notwithstanding other 16 provisions of law to the contrary, the functions of 17 information technology resources management are hereby 18 assigned to the Board of Regents as the agency responsible for 19 the development and implementation of policy, planning, 20 management, rulemaking, standards, and guidelines for the 21 State University System; to the State Board of Community 22 Colleges as the agency responsible for establishing and 23 developing rules and policies for the Florida Community 24 College System; to the Supreme Court, for the judicial branch; 25 to each state attorney and public defender; and to the State 26 Technology Office for the executive branch of state 27 government. 28 (10) The State Technology Office shall take no action 29 affecting the supervision, control, management or coordination 30 of information technology and information technology 31 personnel, that any cabinet officer listed in s. 4 Art. IV of 20 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 the State Constitution deems necessary for the exercise of his 2 or her statutory or constitutional duties. 3 (11) Notwithstanding anything to the contrary 4 contained in this act, the State Technology Office shall take 5 no action affecting the supervision or control of the 6 personnel or data processing equipment that the Comptroller 7 deems necessary for the exercise of his or her official 8 constitutional duties as set forth in s. 4(d) and (e), Art. IV 9 of the State Constitution. 10 (12) Notwithstanding anything to the contrary 11 contained in this act, the State Technology Office shall take 12 no action affecting the supervision and control of the 13 personnel or data processing equipment which the Attorney 14 General deems necessary for the exercise of his or her 15 official constitutional duties as set forth in s. 4(c), Art. 16 IV of the State Constitution. 17 Section 10. Section 282.303, Florida Statutes, is 18 renumbered as section 282.0041, Florida Statutes, and amended 19 to read: 20 282.0041 282.303 Definitions.--For the purposes of 21 this part ss. 282.303-282.322, the term: 22 (1) "Agency" means those entities described in s. 23 216.011(1)(qq)(mm). 24 (2)(8) "Agency Annual Enterprise Resource Planning and 25 Management Report" means the report prepared by each Agency 26 the Chief Information Officer of each agency as required by s. 27 282.3063. 28 (3)(2) "Agency Chief Information Officer" means the 29 person appointed by the agency head, in consultation with the 30 State Technology Office, to coordinate and manage the 31 information technology resources management policies and 21 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 activities applicable to within that agency. 2 (4)(3) "Agency Chief Information Officers Council" 3 means the council created in s. 282.315 to facilitate the 4 sharing and coordination of information technology resources 5 management issues and initiatives among the agencies. 6 (5)(13) "Enterprise resources management 7 infrastructure" means the hardware, software, networks, data, 8 human resources, policies, standards, and facilities, 9 maintenance, and related materials and services that are 10 required to support the business processes of an agency or 11 state enterprise. 12 (5) "Information technology hardware" means equipment 13 designed for the automated storage, manipulation, and 14 retrieval of data, voice or video, by electronic or mechanical 15 means, or both, and includes, but is not limited to, central 16 processing units, front-end processing units, including 17 miniprocessors and microprocessors, and related peripheral 18 equipment such as data storage devices, document scanners, 19 data entry, terminal controllers and data terminal equipment, 20 word processing systems, equipment and systems for computer 21 networks, personal communication devices, and wireless 22 equipment. 23 (6)(11) "Enterprise resource planning and management" 24 means the planning, budgeting, acquiring, developing, 25 organizing, directing, training, and control, and related 26 services associated with government information technology 27 resources. The term encompasses information and related 28 resources, as well as the controls associated with their 29 acquisition, development, dissemination, and use. 30 (7) "Information technology" means equipment, 31 hardware, software, firmware, programs, systems, networks, 22 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 infrastructure, media, and related material used to 2 automatically, electronically, and wirelessly collect, 3 receive, access, transmit, display, store, record, retrieve, 4 analyze, evaluate, process, classify, manipulate, manage, 5 assimilate, control, communicate, exchange, convert, converge, 6 interface, switch, or disseminate information of any kind or 7 form. 8 (6) "Information technology services" means all 9 services that include, but are not limited to, feasibility 10 studies, systems design, software development, enterprise 11 resource planning, application service provision, consulting, 12 or time-sharing services. 13 (7) "Data processing software" means the programs and 14 routines used to employ and control the capabilities of data 15 processing hardware, including, but not limited to, operating 16 systems, compilers, assemblers, utilities, library routines, 17 maintenance routines, applications, and computer networking 18 programs. 19 (8)(10) "Project" means an undertaking directed at the 20 accomplishment of a strategic objective relating to enterprise 21 resources management or a specific appropriated program. 22 (9) "State Annual Report on Enterprise Resource 23 Planning and Management" means the report prepared by the 24 State Technology Office as defined in s. 282.3093. 25 (10)(16) "Standards" means the use of current, open, 26 nonproprietary, or non-vendor-specific technologies. 27 (11)(4) "State Technology Office" or "office" means 28 the office created in s. 282.102 to support and coordinate 29 cost-effective deployment of technology and information 30 resources and services across state government. 31 (12)(15) "Total cost" means all costs associated with 23 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 information technology resources management projects or 2 initiatives, including, but not limited to, value of hardware, 3 software, service, maintenance, incremental personnel, and 4 facilities. Total cost of a loan or gift of information 5 technology resources to an agency includes the fair market 6 value of the resources, except that the total cost of loans or 7 gifts of information technology resources to state 8 universities to be used in instruction or research does not 9 include fair market value. 10 (12) "Information technology resources" means data 11 processing hardware and software and services, communications, 12 supplies, personnel, facility resources, maintenance, and 13 training. 14 (14) "Technology Review Workgroup" means the workgroup 15 created in s. 216.0446 to review and make recommendations on 16 agencies' information resources management planning and 17 budgeting proposals. 18 Section 11. Section 282.102, Florida Statutes, is 19 amended to read: 20 282.102 Creation of the State Technology Office; 21 powers and duties of the State Technology Office of the 22 Department of Management Services.--There is created a State 23 Technology Office, administratively placed within the 24 Department of Management Services. The office shall be a 25 separate budget entity, and which shall be headed by a Chief 26 Information Officer who is appointed by the Governor and is in 27 the Senior Management Service. The Chief Information Officer 28 shall be an agency head for all purposes. The Department of 29 Management Services shall provide administrative support and 30 service to the office to the extent requested by the Chief 31 Information Officer. The office may adopt policies and 24 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 procedures regarding personnel, procurement, and transactions 2 for State Technology Office personnel. The office shall have 3 the following powers, duties, and functions: 4 (1) To publish electronically the portfolio of 5 services available from the office, including pricing 6 information; the policies and procedures of the office 7 governing usage of available services; and a forecast of the 8 priorities and initiatives for the state communications system 9 for the ensuing 2 years. The office shall provide a hard copy 10 of its portfolio of services upon request. 11 (2) To adopt rules implementing policies and 12 procedures providing best practices to be followed by agencies 13 in acquiring, using, upgrading, modifying, replacing, or 14 disposing of information technology. To coordinate the 15 purchase, lease, and use of all information technology 16 services for state agencies, including communications services 17 provided as part of any other total system to be used by the 18 state or any of its agencies. 19 (3) To perform, in consultation with an agency, the 20 enterprise resource planning and management for the agency. 21 (4)(3) To advise and render aid to state agencies and 22 political subdivisions of the state as to systems or methods 23 to be used for organizing and meeting information technology 24 requirements efficiently and effectively. 25 (5)(4) To integrate the information technology systems 26 and services of state agencies. 27 (6)(5) To adopt technical standards for the state 28 information technology system which will assure the 29 interconnection of computer networks and information systems 30 of state agencies. 31 (7)(6) To assume management responsibility for any 25 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 integrated information technology system or service when 2 determined by the office to be economically efficient or 3 performance-effective. 4 (8)(7) To enter into agreements related to for the 5 support and use of the information technology with services of 6 state agencies and of political subdivisions of the state. 7 (9)(8) To use and or acquire, with agency concurrence, 8 information technology facilities now owned or operated by any 9 state agency. 10 (9) To standardize policies and procedures for the use 11 of such services. 12 (10) To purchase from or contract with information 13 technology providers for information technology facilities or 14 services, including private line services. 15 (11) To apply for, receive, and hold, and to or assist 16 agencies in applying for, receiving, or holding, such 17 authorizations, patents, copyrights, trademarks, service 18 marks, licenses, and allocations or channels and frequencies 19 to carry out the purposes of this part ss. 282.101-282.109. 20 (12) To purchase, lease, or otherwise acquire and to 21 hold, sell, transfer, license, or otherwise dispose of real, 22 personal estate, equipment, and intellectual other property, 23 including, but not limited to, patents, trademarks, 24 copyrights, and service marks. 25 (13) To cooperate with any federal, state, or local 26 emergency management agency in providing for emergency 27 communications services. 28 (14) To delegate, as necessary, to state agencies the 29 authority to purchase, lease, or otherwise acquire and to use 30 powers of acquisition and utilization of information 31 technology equipment, facilities, and services or, as 26 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 necessary, to control and approve the purchase, lease, or 2 acquisition and the use of all information technology 3 equipment, services, and facilities, including, but not 4 limited to, communications services provided as part of any 5 other total system to be used by the state or any of its 6 agencies. 7 (15) To acquire take ownership, possession, custody, 8 and control of existing communications equipment and 9 facilities, with agency concurrence, including all right, 10 title, interest, and equity therein, as necessary, to carry 11 out the purposes of this part ss. 282.101-282.109. However, 12 the provisions of this subsection shall in no way affect the 13 rights, title, interest, or equity in any such equipment or 14 facilities owned by, or leased to, the state or any state 15 agency by any telecommunications company. 16 (16) To adopt rules pursuant to ss. 120.536(1) and 17 120.54 relating to information technology and to administer 18 the provisions of this part. 19 (17) To provide a means whereby political subdivisions 20 of the state may use the state information technology systems 21 system upon such terms and under such conditions as the office 22 may establish. 23 (18) To apply for and accept federal funds for any of 24 the purposes of this part ss. 282.101-282.109 as well as gifts 25 and donations from individuals, foundations, and private 26 organizations. 27 (19) To monitor issues relating to communications 28 facilities and services before the Florida Public Service 29 Commission and, when necessary, prepare position papers, 30 prepare testimony, appear as a witness, and retain witnesses 31 on behalf of state agencies in proceedings before the 27 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 commission. 2 (20) Unless delegated to the agencies by the Chief 3 Information Officer, to manage and control, but not intercept 4 or interpret, communications within the SUNCOM Network by: 5 (a) Establishing technical standards to physically 6 interface with the SUNCOM Network. 7 (b) Specifying how communications are transmitted 8 within the SUNCOM Network. 9 (c) Controlling the routing of communications within 10 the SUNCOM Network. 11 (d) Establishing standards, policies, and procedures 12 for access to the SUNCOM Network. 13 (e) Ensuring orderly and reliable communications 14 services in accordance with the standards and policies of all 15 state agencies and the service level agreements executed with 16 state agencies. 17 (21) To plan, design, and conduct experiments for 18 information technology services, equipment, and technologies, 19 and to implement enhancements in the state information 20 technology system when in the public interest and 21 cost-effective. Funding for such experiments shall be derived 22 from SUNCOM Network service revenues and shall not exceed 2 23 percent of the annual budget for the SUNCOM Network for any 24 fiscal year or as provided in the General Appropriations Act 25 for fiscal year 2000-2001. New services offered as a result 26 of this subsection shall not affect existing rates for 27 facilities or services. 28 (22) To enter into contracts or agreements, with or 29 without competitive bidding or procurement, to make available, 30 on a fair, reasonable, and nondiscriminatory basis, property 31 and other structures under office control for the placement of 28 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 new facilities by any wireless provider of mobile service as 2 defined in 47 U.S.C. s. 153(n) or s. 332(d) and any 3 telecommunications company as defined in s. 364.02 when it is 4 determined to be practical and feasible to make such property 5 or other structures available. The office may, without 6 adopting a rule, charge a just, reasonable, and 7 nondiscriminatory fee for the placement of the facilities, 8 payable annually, based on the fair market value of space used 9 by comparable communications facilities in the state. The 10 office and a wireless provider or telecommunications company 11 may negotiate the reduction or elimination of a fee in 12 consideration of services provided to the office by the 13 wireless provider or telecommunications company. All such fees 14 collected by the office shall be deposited directly into the 15 State Agency Law Enforcement Radio Operating System Trust 16 Fund, and may be used by the office 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 and of security 24 of private information as well as maintenance of public 25 records. 26 (b) The office shall provide a method for assessing 27 fiscal accountability for the integrated electronic system and 28 shall establish the organizational structure required to 29 implement this system. 30 (24) To provide administrative support to the Agency 31 Chief Information Officers Council and other workgroups 29 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 created by the Chief Information Officer. 2 (25) To facilitate state information technology 3 education and training for senior management and other agency 4 staff. 5 (26) To prepare, on behalf of the Executive Office of 6 the Governor, memoranda on recommended guidelines and best 7 practices for information resources management, when 8 requested. 9 (27) To prepare, publish, and disseminate the State 10 Annual Report on Enterprise Resource Planning and Management 11 under s. 282.310. 12 (28) To study and make a recommendation to the 13 Governor and Legislature on the feasibility of implementing 14 online voting in this state. 15 (29) To facilitate the development of a network access 16 point in this state, as needed. 17 (30) To designate a State Chief Privacy Officer who 18 shall be responsible for the continual review of policies, 19 laws, rules, and practices of state agencies which may affect 20 the privacy concerns of state residents. 21 Section 12. Section 282.103, Florida Statutes, is 22 amended to read: 23 282.103 SUNCOM Network; exemptions from the required 24 use.-- 25 (1) There is created within the State Technology 26 Office of the Department of Management Services the SUNCOM 27 Network which shall be developed to serve as the state 28 communications system for providing local and long-distance 29 communications services to state agencies, political 30 subdivisions of the state, municipalities, and nonprofit 31 corporations pursuant to ss. 282.101-282.111. The SUNCOM 30 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 Network shall be developed to transmit all types of 2 communications signals, including, but not limited to, voice, 3 data, video, image, and radio. State agencies shall cooperate 4 and assist in the development and joint use of communications 5 systems and services. 6 (2) The State Technology Office of the Department of 7 Management Services shall design, engineer, implement, manage, 8 and operate through state ownership, commercial leasing, or 9 some combination thereof, the facilities and equipment 10 providing SUNCOM Network services, and shall develop a system 11 of equitable billings and charges for communication services. 12 (3) All state agencies are required to use the SUNCOM 13 Network for agency communications services as the services 14 become available; however, no agency is relieved of 15 responsibility for maintaining communications services 16 necessary for effective management of its programs and 17 functions. If a SUNCOM Network service does not meet the 18 communications requirements of an agency, the agency shall 19 notify the State Technology Office of the Department of 20 Management Services in writing and detail the requirements for 21 that communications service. If the office is unable to meet 22 an agency's requirements by enhancing SUNCOM Network service, 23 the office may shall grant the agency an exemption from the 24 required use of specified SUNCOM Network services. 25 Section 13. Section 282.104, Florida Statutes, is 26 amended to read: 27 282.104 Use of state SUNCOM Network by 28 municipalities.--Any municipality may request the State 29 Technology Office of the Department of Management Services to 30 provide any or all of the SUNCOM Network's portfolio of 31 communications services upon such terms and under such 31 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 conditions as the office department may establish. The 2 requesting municipality shall pay its share of installation 3 and recurring costs according to the published rates for 4 SUNCOM Network services and as invoiced by the office. Such 5 municipality shall also pay for any requested modifications to 6 existing SUNCOM Network services, if any charges apply. 7 Section 14. Subsection (1) of section 282.105, Florida 8 Statutes, is amended to read: 9 282.105 Use of state SUNCOM Network by nonprofit 10 corporations.-- 11 (1) The State Technology Office of the Department of 12 Management Services shall provide a means whereby private 13 nonprofit corporations under contract with state agencies or 14 political subdivisions of the state may use the state SUNCOM 15 Network, subject to the limitations in this section. In order 16 to qualify to use the state SUNCOM Network, a nonprofit 17 corporation shall: 18 (a) Expend the majority of its total direct revenues 19 for the provision of contractual services to the state, a 20 municipality, or a political subdivision of the state; and 21 (b) Receive only a small portion of its total revenues 22 from any source other than a state agency, a municipality, or 23 a political subdivision of the state during the period of time 24 SUNCOM Network services are requested. 25 Section 15. Section 282.106, Florida Statutes, is 26 amended to read: 27 282.106 Use of SUNCOM Network by libraries.--The State 28 Technology Office of the Department of Management Services may 29 provide SUNCOM Network services to any library in the state, 30 including libraries in public schools, community colleges, the 31 State University System, and nonprofit private postsecondary 32 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 educational institutions, and libraries owned and operated by 2 municipalities and political subdivisions. 3 Section 16. Subsection (1), paragraphs (f) and (g) of 4 subsection (2), and subsections (3), (4), and (5) of section 5 282.1095, Florida Statutes, are amended to read: 6 282.1095 State agency law enforcement radio system.-- 7 (1) The State Technology Office of the Department of 8 Management Services may acquire and implement a statewide 9 radio communications system to serve law enforcement units of 10 state agencies, and to serve local law enforcement agencies 11 through a mutual aid channel. The Joint Task Force on State 12 Agency Law Enforcement Communications is established in the 13 State Technology Office of the Department of Management 14 Services to advise the office of member-agency needs for the 15 planning, designing, and establishment of the joint system. 16 The State Agency Law Enforcement Radio System Trust Fund is 17 established in the State Technology Office of the Department 18 of Management Services. The trust fund shall be funded from 19 surcharges collected under ss. 320.0802 and 328.72. 20 (2) 21 (f) The State Technology Office of the Department of 22 Management Services is hereby authorized to rent or lease 23 space on any tower under its control. The office may also 24 rent, lease, or sublease ground space as necessary to locate 25 equipment to support antennae on the towers. The costs for 26 use of such space shall be established by the office for each 27 site, when it is determined to be practicable and feasible to 28 make space available. The office may refuse to lease space on 29 any tower at any site. All moneys collected by the office for 30 such rents, leases, and subleases shall be deposited directly 31 into the State Agency Law Enforcement Radio Operating System 33 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 Trust Fund and may be used by the office to construct, 2 maintain, or support the system. 3 (g) The State Technology Office of the Department of 4 Management Services is hereby authorized to rent, lease, or 5 sublease ground space on lands acquired by the office for the 6 construction of privately owned or publicly owned towers. The 7 office may, as a part of such rental, lease, or sublease 8 agreement, require space on said tower or towers for antennae 9 as may be necessary for the construction and operation of the 10 state agency law enforcement radio system or any other state 11 need. The positions necessary for the office to accomplish its 12 duties under this paragraph and paragraph (f) shall be 13 established in the General Appropriations Act and shall be 14 funded by the State Agency Law Enforcement Radio Operating 15 System Trust Fund. 16 (3) Upon appropriation, moneys in the trust fund may 17 be used by the office to acquire by competitive procurement 18 the equipment; software; and engineering, administrative, and 19 maintenance services it needs to construct, operate, and 20 maintain the statewide radio system. Moneys in the trust fund 21 collected as a result of the surcharges set forth in ss. 22 320.0802 and 328.72 shall be used to help fund the costs of 23 the system. Upon completion of the system, moneys in the 24 trust fund may also be used by the office to provide for 25 payment of the recurring maintenance costs of the system. 26 Moneys in the trust fund may be appropriated to maintain and 27 enhance, over and above existing agency budgets, existing 28 radio equipment systems of the state agencies represented by 29 the task force members, in an amount not to exceed 10 percent 30 per year per agency, of the existing radio equipment inventory 31 until the existing radio equipment can be replaced pursuant to 34 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 implementation of the statewide radio communications system. 2 (4)(a) The office joint task force shall establish 3 policies, procedures, and standards which shall be 4 incorporated into a comprehensive management plan for the use 5 and operation of the statewide radio communications system. 6 (b) The joint task force, in consultation with the 7 office, shall have the authority to permit other state 8 agencies to use the communications system, under terms and 9 conditions established by the joint task force. 10 (5)(a) The State Technology office of the Department 11 of Management Services shall provide technical support to the 12 joint task force and shall bear the overall responsibility for 13 the design, engineering, acquisition, and implementation of 14 the statewide radio communications system and for ensuring the 15 proper operation and maintenance of all system common 16 equipment. 17 (b) The positions necessary for the office to 18 accomplish its duties under this section shall be established 19 through the budgetary process and shall be funded by the State 20 Agency Law Enforcement Radio System Trust Fund. 21 Section 17. Section 282.111, Florida Statutes, is 22 amended to read: 23 282.111 Statewide system of regional law enforcement 24 communications.-- 25 (1) It is the intent and purpose of the Legislature 26 that a statewide system of regional law enforcement 27 communications be developed whereby maximum efficiency in the 28 use of existing radio channels is achieved in order to deal 29 more effectively with the apprehension of criminals and the 30 prevention of crime generally. To this end, all law 31 enforcement agencies within the state are directed to provide 35 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 the State Technology Office of the Department of Management 2 Services with any information the office requests for the 3 purpose of implementing the provisions of subsection (2). 4 (2) The State Technology Office of the Department of 5 Management Services is hereby authorized and directed to 6 develop and maintain a statewide system of regional law 7 enforcement communications. In formulating such a system, the 8 office shall divide the state into appropriate regions and 9 shall develop a program which shall include, but not be 10 limited to, the following provisions: 11 (a) The communications requirements for each county 12 and municipality comprising the region. 13 (b) An interagency communications provision which 14 shall depict the communication interfaces between municipal, 15 county, and state law enforcement entities which operate 16 within the region. 17 (c) Frequency allocation and use provision which shall 18 include, on an entity basis, each assigned and planned radio 19 channel and the type of operation, simplex, duplex, or 20 half-duplex, on each channel. 21 (3) The office shall adopt any necessary rules and 22 regulations for implementing and coordinating the statewide 23 system of regional law enforcement communications. 24 (4) The Chief Information Officer of the State 25 Technology Office or his or her designee is designated as the 26 director of the statewide system of regional law enforcement 27 communications and, for the purpose of carrying out the 28 provisions of this section, is authorized to coordinate the 29 activities of the system with other interested state agencies 30 and local law enforcement agencies. 31 (5) No law enforcement communications system shall be 36 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 established or present system expanded without the prior 2 approval of the State Technology Office of the Department of 3 Management Services. 4 (6) Within the limits of its capability, the 5 Department of Law Enforcement is encouraged to lend assistance 6 to the State Technology Office of the Department of Management 7 Services in the development of the statewide system of 8 regional law enforcement communications proposed by this 9 section. 10 Section 18. Section 282.20, Florida Statutes, is 11 amended to read: 12 282.20 Technology Resource Center.-- 13 (1)(a) The State Technology Office of the Department 14 of Management Services shall operate and manage the Technology 15 Resource Center. 16 (b) For the purposes of this section, the term: 17 1. "Office" means the State Technology Office of the 18 Department of Management Services. 19 1.2. "Information-system utility" means a full-service 20 information-processing facility offering hardware, software, 21 operations, integration, networking, and consulting services. 22 2.3. "Customer" means a state agency or other entity 23 which is authorized to utilize the SUNCOM Network pursuant to 24 this part. 25 (2) The Technology Resource Center shall: 26 (a) Serve the office and other customers as an 27 information-system utility. 28 (b) Cooperate with customers to offer, develop, and 29 support a wide range of services and applications needed by 30 users of the Technology Resource Center. 31 (c) Cooperate with the Florida Legal Resource Center 37 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 of the Department of Legal Affairs and other state agencies to 2 develop and provide access to repositories of legal 3 information throughout the state. 4 (d) Cooperate with the office to facilitate 5 interdepartmental networking and integration of network 6 services for its customers. 7 (e) Assist customers in testing and evaluating new and 8 emerging technologies that could be used to meet the needs of 9 the state. 10 (3) The office may contract with customers to provide 11 any combination of services necessary for agencies to fulfill 12 their responsibilities and to serve their users. 13 (4) Acceptance of any new customer other than a state 14 agency which is expected to pay during the initial 12 months 15 of use more than 5 percent of the previous year's revenues of 16 the Technology Resource Center shall be contingent upon 17 approval of the Office of Planning and Budgeting in a manner 18 similar to the budget amendment process in s. 216.181. 19 (4)(5) The Technology Resource Center may plan, 20 design, establish pilot projects for, and conduct experiments 21 with information technology resources, and may implement 22 enhancements in services when such implementation is 23 cost-effective. Funding for experiments and pilot projects 24 shall be derived from service revenues and may not exceed 5 25 percent of the service revenues for the Technology Resource 26 Center for any single fiscal year. Any experiment, pilot 27 project, plan, or design must be approved by the Chief 28 Information Officer of the State Technology Office. 29 (5)(6) Notwithstanding the provisions of s. 216.272, 30 the Technology Resource Center may spend the funds in the 31 reserve account of the Technology Enterprise Operating Trust 38 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 Fund its working capital trust fund for enhancements to center 2 operations or for information technology resources. Any 3 expenditure of reserve account funds must be approved by the 4 Chief Information Officer of the State Technology Office. Any 5 funds remaining in the reserve account at the end of the 6 fiscal year may be carried forward and spent as approved by 7 the Chief Information Officer of the State Technology Office, 8 provided that such approval conforms to any applicable 9 provisions of chapter 216. 10 Section 19. Section 282.21, Florida Statutes, is 11 amended to read: 12 282.21 The State Technology Office's Office of the 13 Department of Management Services' electronic access 14 services.--The State Technology Office of the Department of 15 Management Services may collect fees for providing remote 16 electronic access pursuant to s. 119.085. The fees may be 17 imposed on individual transactions or as a fixed subscription 18 for a designated period of time. All fees collected under 19 this section shall be deposited in the appropriate trust fund 20 of the program or activity that made the remote electronic 21 access available. 22 Section 20. Subsections (1) and (2) of section 282.22, 23 Florida Statutes, are amended to read: 24 282.22 The State Technology Office; of the Department 25 of Management Services production, and dissemination, and 26 ownership of materials and products.-- 27 (1) It is the intent of the Legislature that when 28 materials, products, information, and services are acquired 29 collected or developed by or under the direction of the State 30 Technology Office of the Department of Management Services, 31 through research and development or other efforts, including 39 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 those subject to copyright, patent, or trademark, they shall 2 be made available for use by state and local government 3 entities at the earliest practicable date and in the most 4 economical and efficient manner possible and consistent with 5 chapter 119. 6 (2) To accomplish this objective the office is 7 authorized to publish or partner with private sector entities 8 to produce or have produced materials and products and to make 9 them readily available for appropriate use. The office is 10 authorized to charge an amount or receive value-added services 11 adequate to cover the essential cost of producing and 12 disseminating such materials, information, services, or 13 products and is authorized to sell services, when appropriate, 14 to any entity who is authorized to use the SUNCOM Network 15 pursuant to this part and to the public. 16 Section 21. Section 282.23, Florida Statutes, is 17 created to read: 18 282.23 State Strategic Information Technology 19 Alliance.-- 20 (1) The State Technology Office, in consultation with 21 the Department of Management Services, may establish a State 22 Strategic Information Technology Alliance for the acquisition 23 and use of information technology and related material in 24 accordance with competitive procurement provisions of chapter 25 287. 26 (2) The State Technology Office, in consultation with 27 the Department of Management Services, shall adopt rules 28 implementing policies and procedures applicable to 29 establishing the strategic alliances with prequalified 30 contractors or partners to provide the state with efficient, 31 cost-effective, and advanced information technology. 40 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 Section 22. Section 282.3041, Florida Statutes, is 2 repealed: 3 282.3041 State agency responsibilities.--The head of 4 each state agency, in consultation with the State Technology 5 Office, is responsible and accountable for enterprise resource 6 planning and management within the agency in accordance with 7 legislative intent and as defined in this part. 8 Section 23. Section 282.3055, Florida Statutes, is 9 amended to read: 10 282.3055 Agency Chief Information Officer; 11 appointment; duties.-- 12 (1)(a) To assist the State Technology Officer agency 13 head in carrying out the enterprise resource planning and 14 management responsibilities, the Chief Information Officer may 15 agency head shall appoint, in consultation with the State 16 Technology Office, or contract for an Agency a Chief 17 Information Officer at a level commensurate with the role and 18 importance of information technology resources in the agency. 19 This position may be full time or part time. 20 (b) The Agency Chief Information Officer must, at a 21 minimum, have knowledge and experience in both management and 22 information technology resources. 23 (2) The duties of the Agency Chief Information Officer 24 include, but are not limited to: 25 (a) Coordinating and facilitating agency enterprise 26 resource planning and management projects and initiatives. 27 (b) Preparing an agency annual report on enterprise 28 resource planning and management pursuant to s. 282.3063. 29 (c) Developing and implementing agency enterprise 30 resource planning and management policies, procedures, and 31 standards, including specific policies and procedures for 41 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 review and approval of the agency's purchases of information 2 technology resources in accordance with the office's policies 3 and procedures. 4 (d) Advising agency senior management as to the 5 enterprise resource planning and management needs of the 6 agency for inclusion in planning documents required by law. 7 (e) Assisting in the development and prioritization of 8 the enterprise resource planning and management schedule of 9 the agency's legislative budget request. 10 Section 24. Subsection (1) of section 282.3063, 11 Florida Statutes, is amended to read: 12 282.3063 Agency Annual Enterprise Resource Planning 13 and Management Report.-- 14 (1) By September 1 of each year, and for the State 15 University System within 90 days after completion of the 16 expenditure analysis developed pursuant to s. 240.271(4), each 17 Agency Chief Information Officer shall prepare and submit to 18 the State Technology Office an Agency Annual Enterprise 19 Resource Planning and Management Report. Following 20 consultation with the State Technology Office and the Agency 21 Chief Information Officers Council, the Executive Office of 22 the Governor and the fiscal committees of the Legislature 23 shall jointly develop and issue instructions for the format 24 and contents of the report. 25 Section 25. Subsections (1) and (2) of section 26 282.315, Florida Statutes, are amended to read: 27 282.315 Agency Chief Information Officers Council; 28 creation.--The Legislature finds that enhancing communication, 29 consensus building, coordination, and facilitation of 30 statewide enterprise resource planning and management issues 31 is essential to improving state management of such resources. 42 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 (1) There is created an Agency a Chief Information 2 Officers Council to: 3 (a) Enhance communication among the Agency Chief 4 Information Officers of state agencies by sharing enterprise 5 resource planning and management experiences and exchanging 6 ideas. 7 (b) Facilitate the sharing of best practices that are 8 characteristic of highly successful technology organizations, 9 as well as exemplary information technology applications of 10 state agencies. 11 (c) Identify efficiency opportunities among state 12 agencies. 13 (d) Serve as an educational forum for enterprise 14 resource planning and management issues. 15 (e) Assist the State Technology Office in identifying 16 critical statewide issues and, when appropriate, make 17 recommendations for solving enterprise resource planning and 18 management deficiencies. 19 (2) Members of the council shall include the Agency 20 Chief Information Officers of all state agencies, including 21 the Chief Information Officers of the agencies and 22 governmental entities enumerated in s. 282.3031, except that 23 there shall be one Chief Information Officer selected by the 24 state attorneys and one Chief Information Officer selected by 25 the public defenders. The chairs, or their designees, of the 26 Geographic Information Board, the Florida Financial Management 27 Information System Coordinating Council, the Criminal and 28 Juvenile Justice Information Systems Council, and the Health 29 Information Systems Council shall represent their respective 30 organizations on the Chief Information Officers Council as 31 voting members. 43 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 Section 26. Subsection (2) of section 282.318, Florida 2 Statutes, is amended to read: 3 282.318 Security of data and information technology 4 resources.-- 5 (2)(a) Each agency head, in consultation with The 6 State Technology Office, in consultation with each agency 7 head, is responsible and accountable for assuring an adequate 8 level of security for all data and information technology 9 resources of each the agency and, to carry out this 10 responsibility, shall, at a minimum: 11 1. Designate an information security manager who shall 12 administer the security program of each the agency for its 13 data and information technology resources. 14 2. Conduct, and periodically update, a comprehensive 15 risk analysis to determine the security threats to the data 16 and information technology resources of each the agency. The 17 risk analysis information is confidential and exempt from the 18 provisions of s. 119.07(1), except that such information shall 19 be available to the Auditor General in performing his or her 20 postauditing duties. 21 3. Develop, and periodically update, written internal 22 policies and procedures to assure the security of the data and 23 information technology resources of each the agency. The 24 internal policies and procedures which, if disclosed, could 25 facilitate the unauthorized modification, disclosure, or 26 destruction of data or information technology resources are 27 confidential information and exempt from the provisions of s. 28 119.07(1), except that such information shall be available to 29 the Auditor General in performing his or her postauditing 30 duties. 31 4. Implement appropriate cost-effective safeguards to 44 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 reduce, eliminate, or recover from the identified risks to the 2 data and information technology resources of each the agency. 3 5. Ensure that periodic internal audits and 4 evaluations of each the security program for the data and 5 information technology resources of the agency are conducted. 6 The results of such internal audits and evaluations are 7 confidential information and exempt from the provisions of s. 8 119.07(1), except that such information shall be available to 9 the Auditor General in performing his or her postauditing 10 duties. 11 6. Include appropriate security requirements, as 12 determined by the State Technology Office, in consultation 13 with each agency head, in the written specifications for the 14 solicitation of information technology resources. 15 (b) In those instances in which the State Technology 16 Office of the Department of Management Services develops state 17 contracts for use by state agencies, the office department 18 shall include appropriate security requirements in the 19 specifications for the solicitation for state contracts for 20 procuring information technology resources. 21 Section 27. Section 282.322, Florida Statutes, is 22 amended to read: 23 282.322 High-risk information technology projects; 24 reporting, monitoring, and assessment Special monitoring 25 process for designated information resources management 26 projects.--The Enterprise Project Management Office of the 27 State Technology Office shall report any information 28 technology projects the office identifies as high-risk to the 29 Executive Office of the Governor, the President of the Senate, 30 the Speaker of the House of Representatives, and the 31 appropriations committee chairs of the Senate and the House of 45 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 Representatives. In addition to monitoring and reporting on 2 such high-risk information technology projects, the Enterprise 3 Project Management Office shall assess the levels of risks 4 associated with proceeding to the next stage of the project. 5 For each information resources management project which is 6 designated for special monitoring in the General 7 Appropriations Act, with a proviso requiring a contract with a 8 project monitor, the Technology Review Workgroup established 9 pursuant to s. 216.0446, in consultation with each affected 10 agency, shall be responsible for contracting with the project 11 monitor. Upon contract award, funds equal to the contract 12 amount shall be transferred to the Technology Review Workgroup 13 upon request and subsequent approval of a budget amendment 14 pursuant to s. 216.292. With the concurrence of the 15 Legislative Auditing Committee, the office of the Auditor 16 General shall be the project monitor for other projects 17 designated for special monitoring. However, nothing in this 18 section precludes the Auditor General from conducting such 19 monitoring on any project designated for special monitoring. 20 In addition to monitoring and reporting on significant 21 communications between a contracting agency and the 22 appropriate federal authorities, the project monitoring 23 process shall consist of evaluating each major stage of the 24 designated project to determine whether the deliverables have 25 been satisfied and to assess the level of risks associated 26 with proceeding to the next stage of the project. The major 27 stages of each designated project shall be determined based on 28 the agency's information systems development methodology. 29 Within 20 days after an agency has completed a major stage of 30 its designated project or at least 90 days, the project 31 monitor shall issue a written report, including the findings 46 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 and recommendations for correcting deficiencies, to the agency 2 head, for review and comment. Within 20 days after receipt of 3 the project monitor's report, the agency head shall submit a 4 written statement of explanation or rebuttal concerning the 5 findings and recommendations of the project monitor, including 6 any corrective action to be taken by the agency. The project 7 monitor shall include the agency's statement in its final 8 report, which shall be forwarded, within 7 days after receipt 9 of the agency's statement, to the agency head, the inspector 10 general's office of the agency, the Executive Office of the 11 Governor, the appropriations committees of the Legislature, 12 the Joint Legislative Auditing Committee, the Technology 13 Review Workgroup, the President of the Senate, the Speaker of 14 the House of Representatives, and the Office of Program Policy 15 Analysis and Government Accountability. The Auditor General 16 shall also receive a copy of the project monitor's report for 17 those projects in which the Auditor General is not the project 18 monitor. 19 Section 28. Paragraph (f) of subsection (2) of section 20 216.163, Florida Statutes, is amended to read: 21 216.163 Governor's recommended budget; form and 22 content; declaration of collective bargaining impasses.-- 23 (2) The Governor's recommended budget shall also 24 include: 25 (f) The Governor's recommendations for high-risk 26 critical information technology resource management projects 27 which should be subject to special monitoring under s. 28 282.322. These recommendations shall include proviso language 29 which specifies whether funds are specifically provided to 30 contract for project monitoring, or whether the Auditor 31 General will conduct such project monitoring. When funds are 47 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 recommended for contracting with a project monitor, such funds 2 may equal 1 percent to 5 percent of the project's estimated 3 total costs. These funds shall be specifically appropriated 4 and nonrecurring. 5 Section 29. Paragraph (b) of subsection (1) and 6 paragraph (o) of subsection (3) of section 119.07, Florida 7 Statutes, are amended to read: 8 119.07 Inspection, examination, and duplication of 9 records; exemptions.-- 10 (1) 11 (b) If the nature or volume of public records 12 requested to be inspected, examined, or copied pursuant to 13 this subsection is such as to require extensive use of 14 information technology resources or extensive clerical or 15 supervisory assistance by personnel of the agency involved, or 16 both, the agency may charge, in addition to the actual cost of 17 duplication, a special service charge, which shall be 18 reasonable and shall be based on the cost incurred for such 19 extensive use of information technology resources or the labor 20 cost of the personnel providing the service that is actually 21 incurred by the agency or attributable to the agency for the 22 clerical and supervisory assistance required, or both. 23 "Information technology resources" means data processing 24 hardware and software and services, communications, supplies, 25 personnel, facility resources, maintenance, and training shall 26 have the same meaning as in s. 282.303(12). 27 (3) 28 (o) Data processing software obtained by an agency 29 under a licensing agreement which prohibits its disclosure and 30 which software is a trade secret, as defined in s. 812.081, 31 and agency-produced data processing software which is 48 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 sensitive are exempt from the provisions of subsection (1) and 2 s. 24(a), Art. I of the State Constitution. The designation 3 of agency-produced software as sensitive shall not prohibit an 4 agency head from sharing or exchanging such software with 5 another public agency. As used in this paragraph: 6 1. "Data processing software" means the programs and 7 routines used to employ and control the capabilities of data 8 processing hardware, including, but not limited to, operating 9 systems, compilers, assemblers, utilities, library routines, 10 maintenance routines, applications, and computer networking 11 programs has the same meaning as in s. 282.303(7). 12 2. "Sensitive" means only those portions of data 13 processing software, including the specifications and 14 documentation, used to: 15 a. Collect, process, store, and retrieve information 16 which is exempt from the provisions of subsection (1); 17 b. Collect, process, store, and retrieve financial 18 management information of the agency, such as payroll and 19 accounting records; or 20 c. Control and direct access authorizations and 21 security measures for automated systems. 22 Section 30. Paragraph (b) of subsection (1) of section 23 119.083, Florida Statutes, is amended to read: 24 119.083 Definitions; copyright of data processing 25 software created by governmental agencies; fees; prohibited 26 contracts.-- 27 (1) As used in this section: 28 (b) "Data processing software" has the same meaning as 29 in s. 119.07(3)(o) 282.303. 30 Section 31. (1) Each state agency that entered into a 31 memorandum of agreement with the State Technology Office by 49 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 March 15, 2001, regarding consolidation of information 2 technology resources and staff, shall transfer the positions 3 identified in the memoranda and the associated rate and the 4 amount of approved budget to the State Technology Office on 5 October 1, 2001. The total number of positions transferred to 6 the State Technology Office shall not exceed 1,760 full-time 7 positions. Such transfers shall be subject to approval by the 8 Legislative Budget Commission pursuant to chapter 216, Florida 9 Statutes. 10 (2) Each state agency required to transfer positions 11 pursuant to subsection (1) shall also transfer administrative 12 support personnel and associated rate and the amount of 13 approved budget to the State Technology Office. The number of 14 administrative support positions transferred by each agency 15 shall not exceed 5 percent of the number of positions 16 transferred pursuant to subsection (1). Such transfers shall 17 take effect July 15, 2001. Such transfers shall be subject to 18 approval by the Legislative Budget Commission pursuant to 19 chapter 216, Florida Statutes. 20 (3) The State Technology Office and the individual 21 agencies may request subsequent transfers of full-time 22 positions and associated rate and funds during the fiscal year 23 to meet the levels of service agreed to between the State 24 Technology Office and the agencies. Such transfers shall be 25 subject to approval by the Legislative Budget Commission 26 pursuant to chapter 216, Florida Statutes. 27 (4) The State Technology Office is authorized to 28 charge back to each participating agency an amount equal to 29 the total of all direct and indirect costs of administering 30 the agreement with the agency and the total of all direct and 31 indirect costs of rendering the performances required of the 50 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 State Technology Office under such agreements. 2 (5) Any resources transferred to the State Technology 3 Office which were dedicated to a federally funded system shall 4 remain allocated to that system until the appropriate federal 5 agency or authority confirms in writing that another plan for 6 supporting the system will not result in federal sanctions. 7 (6) The corresponding amounts necessary to execute 8 subsections (1)-(3) are appropriated to the state agencies for 9 transfer to the State Technology Office. Such amounts and 10 specific funds shall be equivalent to the amount of approved 11 budget reduced from state agencies in subsections (1)-(3), 12 subject to approval by the Legislative Budget Commission. 13 Section 32. Section 282.404, Florida Statutes, is 14 repealed. 15 Section 33. Subsection (6) of Section 11.90, Florida 16 Statutes, is created to read: 17 (6) The Commission shall review information resources 18 management needs identified in agency long-range program plans 19 for consistency with the State Annual Report on Enterprise 20 Resource Planning and Management and statewide policies 21 adopted by the State Technology Office. The Commission shall 22 also review proposed budget amendments associated with 23 information technology that involve more than one agency, that 24 have an outcome that impacts another agency, or that exceed 25 $500,000 in total cost over 1-year period. 26 Section 34. This act shall take effect July 1, 2001. 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 On page 1, line 2, through page 6, line 11, 51 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 remove from the title of the bill: all of said lines 2 3 and insert in lieu thereof: 4 An act relating to information technology; 5 amending s. 20.22, F.S.; creating the State 6 Technology Office within the Department of 7 Management Services; requiring the office to 8 operate and manage the Technology Resource 9 Center; amending s. 110.205, F.S.; providing 10 that specified officers within the State 11 Technology Office are exempt from career 12 service; providing that the office shall set 13 the salaries and benefits for such officers in 14 accordance with the rules of the Senior 15 Management Service; providing for the personal 16 secretary to specified officers within the 17 State Technology Office to be exempt from 18 career service; providing for all managers, 19 supervisors, and confidential employees of the 20 State Technology Office to be exempt from 21 career service; providing that the office shall 22 set the salaries and benefits for those 23 positions in accordance with the rules of the 24 Selected Exempt Service; amending s. 186.022, 25 F.S.; revising the entities required to 26 annually develop and submit an information 27 technology strategic plan; providing for the 28 State Technology Office to administer and 29 approve development of information technology 30 strategic plans; amending s. 216.013, F.S.; 31 revising provisions relating to the review of 52 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 long-range program plans for executive agencies 2 by the Executive Office of the Governor; 3 providing that the Executive Office of the 4 Governor shall consider the findings of the 5 State Technology Office with respect to the 6 State Annual Report on Enterprise Resource 7 Planning and Management and statewide policies 8 adopted by the State Technology Office; 9 amending s. 216.0446, F.S., relating to review 10 of agency information resources management 11 needs; eliminating the Technology Review 12 Workgroup; providing for assumption of the 13 duties of the Technology Review Workgroup by 14 the State Technology Office; requiring the 15 reporting of specified information to the 16 Executive Office of the Governor; providing 17 powers and duties of the State Technology 18 Office; amending s. 216.181, F.S., relating to 19 approved budgets for operations and fixed 20 capital outlay; providing requirements with 21 respect to an amendment to the original 22 approved operating budget for specified 23 information technology projects or initiatives; 24 amending s. 216.235, F.S.; transferring 25 specified responsibilities with respect to the 26 Innovation Investment Program Act from the 27 Department of Management Services to the Office 28 of Tourism, Trade, and Economic Development 29 within the Executive Office of the Governor; 30 revising the membership of the State Innovation 31 Committee; amending s. 216.292, F.S.; 53 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 authorizing state agencies to transfer 2 positions and appropriations for fiscal year 3 2001-2002 for the purpose of consolidating 4 information technology resources to the State 5 Technology Office; amending s. 282.005, F.S.; 6 revising legislative findings and intent with 7 respect to the Information Resources Management 8 Act of 1997; providing that the State 9 Technology Office has primary responsibility 10 and accountability for information technology 11 matters within the state except as to 12 information technology or information 13 technology personnel that a constitutional 14 officer under s. 4 Art. 4 deems necessary for 15 the performance of his or her constitutional or 16 statutory duties; amending and renumbering s. 17 282.303, F.S.; revising definitions; defining 18 "information technology"; amending s. 282.102, 19 F.S.; revising powers and duties of the State 20 Technology Office; providing that the office 21 shall be a separate budget entity within the 22 Department of Management Services; providing 23 that the Chief Information Officer shall be 24 considered an agency head; providing for 25 administrative support and service from 26 Department of Management Services; authorizing 27 the office to perform, in consultation with a 28 state agency, the enterprise resource planning 29 and management for the agency; authorizing the 30 office to apply for, receive, and hold 31 specified patents, copyrights, trademarks, and 54 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 service marks; authorizing the office to 2 purchase, lease, hold, sell, transfer, license, 3 and dispose of specified real, personal, and 4 intellectual property; providing for deposit of 5 specified fees in the Law Enforcement Radio 6 Operating Trust Fund; providing for a State 7 Chief Privacy Officer; amending s. 282.103, 8 F.S., to conform; authorizing the State 9 Technology Office to grant an agency exemption 10 from required use of specified SUNCOM Network 11 services; amending s. 282.104, F.S., to 12 conform; amending s. 282.105, F.S., to conform; 13 amending s. 282.106, F.S., to conform; amending 14 s. 282.1095, F.S., relating to the state agency 15 law enforcement radio system; providing 16 conforming amendments; renaming the State 17 Agency Law Enforcement Radio System Trust Fund 18 as the Law Enforcement Radio Operating Trust 19 Fund; requiring the office to establish 20 policies, procedures, and standards for a 21 comprehensive plan for a statewide radio 22 communications system; eliminating provisions 23 relating to establishment and funding of 24 specified positions; amending s. 282.111, F.S., 25 to conform; amending s. 282.20, F.S., relating 26 to the Technology Resource Center; providing 27 conforming amendments; removing provisions 28 relating to the acceptance of new customers by 29 the center; authorizing the center to spend 30 funds in the reserve account of the Technology 31 Enterprise Operating Trust Fund; amending s. 55 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 282.21, F.S., to conform; amending s. 282.22, 2 F.S.; revising terminology; removing specified 3 restrictions on the office's authority to sell 4 services; creating s. 282.23, F.S.; authorizing 5 the State Technology Office, in consultation 6 with the Department of Management Services, to 7 establish a State Strategic Information 8 Technology Alliance; providing purposes of the 9 alliance; providing for the establishment of 10 policies and procedures; repealing s. 282.3041, 11 F.S., which provides that the head of each 12 state agency is responsible and accountable for 13 enterprise resource planning and management 14 within the agency; amending s. 282.3055, F.S.; 15 authorizing the Chief Information Officer to 16 appoint or contract for Agency Chief 17 Information Officers to assist in carrying out 18 enterprise resource planning and management 19 responsibilities; amending s. 282.3063, F.S.; 20 requiring Agency Chief Information Officers to 21 prepare and submit an Agency Annual Enterprise 22 Resource Planning and Management Report; 23 amending s. 282.315, F.S.; renaming the Chief 24 Information Officers Council as the Agency 25 Chief Information Officers Council; revising 26 the voting membership of the council; amending 27 amending s. 282.318, F.S., to conform; amending 28 s. 282.322, F.S.; eliminating provisions 29 relating to the special monitoring process for 30 designated information resources management 31 projects; requiring the Enterprise Project 56 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279
HOUSE AMENDMENT Bill No. HB 1811 Amendment No. 1 (for drafter's use only) 1 Management Office of the State Technology 2 Office to report on, monitor, and assess risk 3 levels of specified high-risk technology 4 projects; amending s. 216.163, F.S.; providing 5 that the Governor's recommended budget shall 6 include recommendations for specified high-risk 7 information technology projects; amending s. 8 119.07, F.S.; defining "information technology 9 resources" and "data processing software"; 10 amending ss. 119.083, F.S.; correcting cross 11 references; requiring certain state agencies to 12 transfer described positions and administrative 13 support personnel to the State Technology 14 Office by specified dates; providing limits on 15 the number of positions and administrative 16 support personnel transferred; providing that 17 the State Technology Office and the relevant 18 agencies are authorized to request subsequent 19 transfers of positions, subject to approval by 20 the Legislative Budget Commission; providing 21 requirements with respect to transferred 22 resources which were dedicated to a federally 23 funded system; providing appropriations; 24 repealing s. 282.404, F.S.; abolishing the 25 Florida Geographic Information Board within the 26 State Technology Office; provides for 27 Legislative Budgeting Commission review of 28 certain agency plans, State Technology Office 29 policies, and certain budget amendments; 30 providing an effective date. 31 57 File original & 9 copies 04/24/01 hit0001 10:52 pm 01811-0057-820279