HOUSE AMENDMENT
Bill No. HB 1811
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Hart offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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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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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.
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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
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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
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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
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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
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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.
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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
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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
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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,
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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.;
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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
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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.
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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
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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
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