House Bill hb1811

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    Florida House of Representatives - 2001                HB 1811

        By the Committee on Information Technology and
    Representatives Hart, Mack, Mealor and Wallace





  1                      A bill to be entitled

  2         An act relating to information technology;

  3         amending s. 20.22, F.S.; creating the State

  4         Technology Office within the Department of

  5         Management Services; requiring the office to

  6         operate and manage the Technology Resource

  7         Center; amending s. 110.205, F.S.; providing

  8         that specified officers within the State

  9         Technology Office are exempt from career

10         service; providing that the office shall set

11         the salaries and benefits for such officers in

12         accordance with the rules of the Senior

13         Management Service; providing for the personal

14         secretary to specified officers within the

15         State Technology Office to be exempt from

16         career service; providing for all managers,

17         supervisors, and confidential employees of the

18         State Technology Office to be exempt from

19         career service; providing that the office shall

20         set the salaries and benefits for those

21         positions in accordance with the rules of the

22         Selected Exempt Service; amending s. 186.022,

23         F.S.; revising the entities required to

24         annually develop and submit an information

25         technology strategic plan; providing for the

26         State Technology Office to administer and

27         approve development of information technology

28         strategic plans; amending s. 216.013, F.S.;

29         revising provisions relating to the review of

30         long-range program plans for executive agencies

31         by the Executive Office of the Governor;

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  1         providing that the Executive Office of the

  2         Governor shall consider the findings of the

  3         State Technology Office with respect to the

  4         State Annual Report on Enterprise Resource

  5         Planning and Management and statewide policies

  6         adopted by the State Technology Office;

  7         amending s. 216.0446, F.S., relating to review

  8         of agency information resources management

  9         needs; eliminating the Technology Review

10         Workgroup; providing for assumption of the

11         duties of the Technology Review Workgroup by

12         the State Technology Office; requiring the

13         reporting of specified information to the

14         Executive Office of the Governor; providing

15         powers and duties of the State Technology

16         Office; amending s. 216.181, F.S., relating to

17         approved budgets for operations and fixed

18         capital outlay; providing requirements with

19         respect to an amendment to the original

20         approved operating budget for specified

21         information technology projects or initiatives;

22         amending s. 216.235, F.S.; transferring

23         specified responsibilities with respect to the

24         Innovation Investment Program Act from the

25         Department of Management Services to the Office

26         of Tourism, Trade, and Economic Development

27         within the Executive Office of the Governor;

28         revising the membership of the State Innovation

29         Committee; amending s. 216.292, F.S.;

30         authorizing state agencies to transfer

31         positions and appropriations for fiscal year

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  1         2001-2002 for the purpose of consolidating

  2         information technology resources to the State

  3         Technology Office; amending s. 282.005, F.S.;

  4         revising legislative findings and intent with

  5         respect to the Information Resources Management

  6         Act of 1997; providing that the State

  7         Technology Office has primary responsibility

  8         and accountability for information technology

  9         matters within the state; amending and

10         renumbering s. 282.303, F.S.; revising

11         definitions; defining "information technology";

12         amending s. 282.102, F.S.; revising powers and

13         duties of the State Technology Office;

14         providing that the office shall be a separate

15         budget entity within the Department of

16         Management Services; providing that the Chief

17         Information Officer shall be an agency head;

18         authorizing the office to perform, in

19         consultation with a state agency, the

20         enterprise resource planning and management for

21         the agency; authorizing the office to apply

22         for, receive, and hold specified patents,

23         copyrights, trademarks, and service marks;

24         authorizing the office to purchase, lease,

25         hold, sell, transfer, license, and dispose of

26         specified real, personal, and intellectual

27         property; providing for deposit of specified

28         fees in the Law Enforcement Radio Operating

29         Trust Fund; amending s. 282.103, F.S., to

30         conform; authorizing the State Technology

31         Office to grant an agency exemption from

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  1         required use of specified SUNCOM Network

  2         services; amending s. 282.104, F.S., to

  3         conform; amending s. 282.105, F.S., to conform;

  4         amending s. 282.106, F.S., to conform; amending

  5         s. 282.1095, F.S., relating to the state agency

  6         law enforcement radio system; providing

  7         conforming amendments; renaming the State

  8         Agency Law Enforcement Radio System Trust Fund

  9         as the Law Enforcement Radio Operating Trust

10         Fund; requiring the office to establish

11         policies, procedures, and standards for a

12         comprehensive plan for a statewide radio

13         communications system; eliminating provisions

14         relating to establishment and funding of

15         specified positions; amending s. 282.111, F.S.,

16         to conform; amending s. 282.20, F.S., relating

17         to the Technology Resource Center; providing

18         conforming amendments; removing provisions

19         relating to the acceptance of new customers by

20         the center; authorizing the center to spend

21         funds in the reserve account of the Technology

22         Enterprise Operating Trust Fund; amending s.

23         282.21, F.S., to conform; amending s. 282.22,

24         F.S.; revising terminology; removing specified

25         restrictions on the office's authority to sell

26         services; creating s. 282.23, F.S.; authorizing

27         the State Technology Office, in consultation

28         with the Department of Management Services, to

29         establish a State Strategic Information

30         Technology Alliance; providing purposes of the

31         alliance; providing for the establishment of

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  1         policies and procedures; repealing s. 282.3041,

  2         F.S., which provides that the head of each

  3         state agency is responsible and accountable for

  4         enterprise resource planning and management

  5         within the agency; amending s. 282.3055, F.S.;

  6         authorizing the Chief Information Officer to

  7         appoint or contract for Agency Chief

  8         Information Officers to assist in carrying out

  9         enterprise resource planning and management

10         responsibilities; amending s. 282.3063, F.S.;

11         requiring Agency Chief Information Officers to

12         prepare and submit an Agency Annual Enterprise

13         Resource Planning and Management Report;

14         amending s. 282.315, F.S.; renaming the Chief

15         Information Officers Council as the Agency

16         Chief Information Officers Council; revising

17         the voting membership of the council; amending

18         s. 282.318, F.S., to conform; amending s.

19         282.322, F.S.; eliminating provisions relating

20         to the special monitoring process for

21         designated information resources management

22         projects; requiring the Enterprise Project

23         Management Office of the State Technology

24         Office to report on, monitor, and assess risk

25         levels of specified high-risk technology

26         projects; requiring certain state agencies to

27         transfer described positions and administrative

28         support personnel to the State Technology

29         Office by specified dates; providing limits on

30         the number of positions and administrative

31         support personnel transferred; providing that

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  1         the State Technology Office and the relevant

  2         agencies are authorized to request subsequent

  3         transfers of positions, subject to approval by

  4         the Legislative Budget Commission; providing

  5         requirements with respect to transferred

  6         resources which were dedicated to a federally

  7         funded system; providing appropriations;

  8         repealing s. 282.404, F.S.; abolishing the

  9         Florida Geographic Information Board within the

10         State Technology Office; providing an effective

11         date.

12

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

14

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

16  subsection (3) of section 20.22, Florida Statutes, are amended

17  to read:

18         20.22  Department of Management Services.--There is

19  created a Department of Management Services.

20         (2)  The following divisions and programs within the

21  Department of Management Services are established:

22         (b)  State Technology Office Information Technology

23  Program.

24         (3)  The State Technology Office Information Technology

25  Program shall operate and manage the Technology Resource

26  Center.

27         Section 2.  Subsection (2) of section 110.205, Florida

28  Statutes, is amended to read:

29         110.205  Career service; exemptions.--

30         (2)  EXEMPT POSITIONS.--The exempt positions which are

31  not covered by this part include the following, provided that

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  1  no position, except for positions established for a limited

  2  period of time pursuant to paragraph (i) (h), shall be

  3  exempted if the position reports to a position in the career

  4  service:

  5         (a)  All officers of the executive branch elected by

  6  popular vote and persons appointed to fill vacancies in such

  7  offices.  Unless otherwise fixed by law, the salary and

  8  benefits for any such officer who serves as the head of a

  9  department shall be set by the department in accordance with

10  the rules of the Senior Management Service.

11         (b)  All members, officers, and employees of the

12  legislative branch, except for the members, officers, and

13  employees of the Florida Public Service Commission.

14         (c)  All members, officers, and employees of the

15  judicial branch.

16         (d)  All officers and employees of the State University

17  System and the Correctional Education Program within the

18  Department of Corrections, and the academic personnel and

19  academic administrative personnel of the Florida School for

20  the Deaf and the Blind.  In accordance with the provisions of

21  chapter 242, the salaries for academic personnel and academic

22  administrative personnel of the Florida School for the Deaf

23  and the Blind shall be set by the board of trustees for the

24  school, subject only to the approval of the State Board of

25  Education. The salaries for all instructional personnel and

26  all administrative and noninstructional personnel of the

27  Correctional Education Program shall be set by the Department

28  of Corrections, subject to the approval of the Department of

29  Management Services.

30         (e)  The Chief Information Officer, deputy chief

31  information officers, chief technology officers, and deputy

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  1  chief technology officers in the State Technology Office.

  2  Unless otherwise fixed by law, the State Technology Office

  3  shall set the salary and benefits of these positions in

  4  accordance with the rules of the Senior Management Service.

  5         (f)(e)  All members of state boards and commissions,

  6  however selected. Unless otherwise fixed by law, the salary

  7  and benefits for any full-time board or commission member

  8  shall be set by the department in accordance with the rules of

  9  the Senior Management Service.

10         (g)(f)  Judges, referees, and receivers.

11         (h)(g)  Patients or inmates in state institutions.

12         (i)(h)  All positions which are established for a

13  limited period of time for the purpose of conducting a special

14  study, project, or investigation and any person paid from an

15  other-personal-services appropriation.  Unless otherwise fixed

16  by law, the salaries for such positions and persons shall be

17  set in accordance with rules established by the employing

18  agency for other-personal-services payments pursuant to s.

19  110.131.

20         (j)(i)  The appointed secretaries, assistant

21  secretaries, deputy secretaries, and deputy assistant

22  secretaries of all departments; the executive directors,

23  assistant executive directors, deputy executive directors, and

24  deputy assistant executive directors of all departments; and

25  the directors of all divisions and those positions determined

26  by the department to have managerial responsibilities

27  comparable to such positions, which positions include, but are

28  not limited to, program directors, assistant program

29  directors, district administrators, deputy district

30  administrators, the Director of Central Operations Services of

31  the Department of Children and Family Services, and the State

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  1  Transportation Planner, State Highway Engineer, State Public

  2  Transportation Administrator, district secretaries, district

  3  directors of planning and programming, production, and

  4  operations, and the managers of the offices specified in s.

  5  20.23(3)(d)2., of the Department of Transportation.  Unless

  6  otherwise fixed by law, the department shall set the salary

  7  and benefits of these positions in accordance with the rules

  8  of the Senior Management Service.

  9         (k)(j)  The personal secretary to the incumbent of each

10  position exempted in paragraphs paragraph (a), (e), and (j).

11  and to each appointed secretary, assistant secretary, deputy

12  secretary, executive director, assistant executive director,

13  and deputy executive director of each department under

14  paragraph (i). Unless otherwise fixed by law, the department

15  shall set the salary and benefits of these positions in

16  accordance with the rules of the Selected Exempt Service.

17         (l)(k)  All officers and employees in the office of the

18  Governor, including all employees at the Governor's mansion,

19  and employees within each separate budget entity, as defined

20  in chapter 216, assigned to the Governor. Unless otherwise

21  fixed by law, the salary and benefits of these positions shall

22  be set by the department as follows:

23         1.  The chief of staff, the assistant or deputy chief

24  of staff, general counsel, Director of Legislative Affairs,

25  chief inspector general, Director of Cabinet Affairs, Director

26  of Press Relations, Director of Planning and Budgeting,

27  director of administration, director of state-federal

28  relations, Director of Appointments, Director of External

29  Affairs, Deputy General Counsel, Governor's Liaison for

30  Community Development, Chief of Staff for the Lieutenant

31  Governor, Deputy Director of Planning and Budgeting, policy

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  1  coordinators, and the director of each separate budget entity

  2  shall have their salaries and benefits established by the

  3  department in accordance with the rules of the Senior

  4  Management Service.

  5         2.  The salaries and benefits of positions not

  6  established in sub-subparagraph a. shall be set by the

  7  employing agency. Salaries and benefits of employees whose

  8  professional training is comparable to that of licensed

  9  professionals under paragraph (r) (q), or whose administrative

10  responsibility is comparable to a bureau chief shall be set by

11  the Selected Exempt Service. The department shall make the

12  comparability determinations. Other employees shall have

13  benefits set comparable to legislative staff, except leave

14  shall be comparable to career service as if career service

15  employees.

16         (m)(l)  All assistant division director, deputy

17  division director, and bureau chief positions in any

18  department, and those positions determined by the department

19  to have managerial responsibilities comparable to such

20  positions, which positions include, but are not limited to,

21  positions in the Department of Health, the Department of

22  Children and Family Services, and the Department of

23  Corrections that are assigned primary duties of serving as the

24  superintendent or assistant superintendent, or warden or

25  assistant warden, of an institution; positions in the

26  Department of Corrections that are assigned primary duties of

27  serving as the circuit administrator or deputy circuit

28  administrator; positions in the Department of Transportation

29  that are assigned primary duties of serving as regional toll

30  managers and managers of offices as defined in s.

31  20.23(3)(d)3. and (4)(d); positions in the Department of

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  1  Environmental Protection that are assigned the duty of an

  2  Environmental Administrator or program administrator; those

  3  positions described in s. 20.171 as included in the Senior

  4  Management Service; and positions in the Department of Health

  5  that are assigned the duties of Environmental Administrator,

  6  Assistant County Health Department Director, and County Health

  7  Department Financial Administrator. Unless otherwise fixed by

  8  law, the department shall set the salary and benefits of these

  9  positions in accordance with the rules established for the

10  Selected Exempt Service.

11         (n)(m)1.a.  In addition to those positions exempted by

12  other paragraphs of this subsection, each department head may

13  designate a maximum of 20 policymaking or managerial

14  positions, as defined by the department and approved by the

15  Administration Commission, as being exempt from the Career

16  Service System. Career service employees who occupy a position

17  designated as a position in the Selected Exempt Service under

18  this paragraph shall have the right to remain in the Career

19  Service System by opting to serve in a position not exempted

20  by the employing agency. Unless otherwise fixed by law, the

21  department shall set the salary and benefits of these

22  positions in accordance with the rules of the Selected Exempt

23  Service; provided, however, that if the agency head determines

24  that the general counsel, chief Cabinet aide, public

25  information administrator or comparable position for a Cabinet

26  officer, inspector general, or legislative affairs director

27  has both policymaking and managerial responsibilities and if

28  the department determines that any such position has both

29  policymaking and managerial responsibilities, the salary and

30  benefits for each such position shall be established by the

31

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  1  department in accordance with the rules of the Senior

  2  Management Service.

  3         b.  In addition, each department may designate one

  4  additional position in the Senior Management Service if that

  5  position reports directly to the agency head or to a position

  6  in the Senior Management Service and if any additional costs

  7  are absorbed from the existing budget of that department.

  8         2.  If otherwise exempt, employees of the Public

  9  Employees Relations Commission, the Commission on Human

10  Relations, and the Unemployment Appeals Commission, upon the

11  certification of their respective commission heads, may be

12  provided for under this paragraph as members of the Senior

13  Management Service, if otherwise qualified.  However, the

14  deputy general counsels of the Public Employees Relations

15  Commission shall be compensated as members of the Selected

16  Exempt Service.

17         (o)(n)  The executive director, deputy executive

18  director, general counsel, official reporters, and division

19  directors within the Public Service Commission and the

20  personal secretary and personal assistant to each member of

21  the Public Service Commission. Unless otherwise fixed by law,

22  the salary and benefits of the executive director, deputy

23  executive directors, general counsel, Director of

24  Administration, Director of Appeals, Director of Auditing and

25  Financial Analysis, Director of Communications, Director of

26  Consumer Affairs, Director of Electric and Gas, Director of

27  Information Processing, Director of Legal Services, Director

28  of Records and Reporting, Director of Research, and Director

29  of Water and Sewer shall be set by the department in

30  accordance with the rules of the Senior Management Service.

31  The salary and benefits of the personal secretary and the

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  1  personal assistant of each member of the commission and the

  2  official reporters shall be set by the department in

  3  accordance with the rules of the Selected Exempt Service,

  4  notwithstanding any salary limitations imposed by law for the

  5  official reporters.

  6         (p)(o)1.  All military personnel of the Department of

  7  Military Affairs. Unless otherwise fixed by law, the salary

  8  and benefits for such military personnel shall be set by the

  9  Department of Military Affairs in accordance with the

10  appropriate military pay schedule.

11         2.  The military police chiefs, military police

12  officers, firefighter trainers, firefighter-rescuers, and

13  electronic security system technicians shall have salary and

14  benefits the same as career service employees.

15         (q)(p)  The staff directors, assistant staff directors,

16  district program managers, district program coordinators,

17  district subdistrict administrators, district administrative

18  services directors, district attorneys, and the Deputy

19  Director of Central Operations Services of the Department of

20  Children and Family Services and the county health department

21  directors and county health department administrators of the

22  Department of Health. Unless otherwise fixed by law, the

23  department shall establish the salary range and benefits for

24  these positions in accordance with the rules of the Selected

25  Exempt Service.

26         (r)(q)  All positions not otherwise exempt under this

27  subsection which require as a prerequisite to employment:

28  licensure as a physician pursuant to chapter 458, licensure as

29  an osteopathic physician pursuant to chapter 459, licensure as

30  a chiropractic physician pursuant to chapter 460, including

31  those positions which are occupied by employees who are

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  1  exempted from licensure pursuant to s. 409.352; licensure as

  2  an engineer pursuant to chapter 471, which are supervisory

  3  positions except for such positions in the Department of

  4  Transportation; or for 12 calendar months, which require as a

  5  prerequisite to employment that the employee have received the

  6  degree of Bachelor of Laws or Juris Doctor from a law school

  7  accredited by the American Bar Association and thereafter

  8  membership in The Florida Bar, except for any attorney who

  9  serves as an administrative law judge pursuant to s. 120.65 or

10  for hearings conducted pursuant to s. 120.57(1)(a). Unless

11  otherwise fixed by law, the department shall set the salary

12  and benefits for these positions in accordance with the rules

13  established for the Selected Exempt Service.

14         (s)(r)  The statewide prosecutor in charge of the

15  Office of Statewide Prosecution of the Department of Legal

16  Affairs and all employees in the office.  The Department of

17  Legal Affairs shall set the salary of these positions.

18         (t)(s)  The executive director of each board or

19  commission established within the Department of Business and

20  Professional Regulation or the Department of Health. Unless

21  otherwise fixed by law, the department shall establish the

22  salary and benefits for these positions in accordance with the

23  rules established for the Selected Exempt Service.

24         (u)(t)  All officers and employees of the State Board

25  of Administration. The State Board of Administration shall set

26  the salaries and benefits of these positions.

27         (v)(u)  Positions which are leased pursuant to a state

28  employee lease agreement expressly authorized by the

29  Legislature pursuant to s. 110.191.

30         (w)  All managers, supervisors, and confidential

31  employees of the State Technology Office. The State Technology

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  1  Office shall set the salaries and benefits of these positions

  2  in accordance with the rules established for the Selected

  3  Exempt Service.

  4         Section 3.  Section 186.022, Florida Statutes, is

  5  amended to read:

  6         186.022  Information technology resource strategic

  7  plans.--By June 1 of each year, the Geographic Information

  8  Board, the Financial Management Information Board, the

  9  Criminal and Juvenile Justice Information Systems Council, and

10  the Health Information Systems Council shall each develop and

11  submit to the State Technology Office an information

12  technology resource strategic plan to the Executive Office of

13  the Governor in a form and manner prescribed in written

14  instructions from prepared by the State Technology Office

15  Executive Office of the Governor in consultation with the

16  Executive Office of the Governor and the legislative

17  appropriations committees. The State Technology Office

18  Executive Office of the Governor shall review each such the

19  strategic plan and may provide comments within 30 days. In its

20  review, the Executive Office of the Governor shall determine

21  consider all comments and findings of the Technology Review

22  Workgroup as to whether each such the plan is consistent with

23  the State Annual Report on Enterprise Resource Planning and

24  Information Resources Management and statewide policies

25  adopted by the State Technology Office, and by July 1 of each

26  year shall develop and transmit to each such board and council

27  a written expression of its findings, conclusions, and

28  required changes, if any, with respect to each such strategic

29  plan recommended by the State Technology Council. If any

30  change to any such strategic plan is revisions are required,

31  each affected board boards and council shall revise its

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  1  strategic plan to the extent necessary to incorporate such

  2  required changes councils have 30 days to incorporate those

  3  revisions and shall resubmit its strategic return the plan to

  4  the State Technology Office for final approval and acceptance

  5  Executive Office of the Governor.

  6         Section 4.  Subsection (4) of section 216.013, Florida

  7  Statutes, is amended to read:

  8         216.013  Long-range program plan.--

  9         (4)  The Executive Office of the Governor shall review

10  the long-range program plans for executive agencies to ensure

11  that they are consistent with the state's goals and objectives

12  and other requirements as specified in the written

13  instructions and that they provide the framework and context

14  for the agency's budget request. In its review, the Executive

15  Office of the Governor shall consider the findings of the

16  State Technology Office Technology Review Workgroup as to the

17  consistency of the information technology portion of

18  long-range program plans with the State Annual Report on

19  Enterprise Resource Planning and Information Resources

20  Management and statewide policies adopted recommended by the

21  State Technology Office Council and the state's plan for

22  facility needs pursuant to s. 216.0158. Based on the results

23  of the review, the Executive Office of the Governor may

24  require an agency to revise the plan.

25         Section 5.  Section 216.0446, Florida Statutes, is

26  amended to read:

27         216.0446  Review of information resources management

28  needs.--

29         (1)  There is created within the Legislature the

30  Technology Review Workgroup. The State Technology Office

31  workgroup shall review and make recommendations with respect

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  1  to the portion of agencies' long-range program plans which

  2  pertains to information resources management needs and with

  3  respect to agencies' legislative budget requests for

  4  information technology and related resources management. The

  5  State Technology Office Technology Review Workgroup shall

  6  report such recommendations, together with the findings and

  7  conclusions on which such recommendations are based, be

  8  responsible to the Executive Office of the Governor and the

  9  chairs of the legislative appropriations committees.

10         (2)  In addition to the powers and duties otherwise

11  provided by law, the State Technology Office its primary duty

12  specified in subsection (1), the Technology Review Workgroup

13  shall have powers and duties that include, but are not limited

14  to, the following:

15         (a)  To evaluate the information resource management

16  needs identified in the agency long-range program plans for

17  consistency with the State Annual Report on Enterprise

18  Resource Planning and Information Resources Management and

19  statewide policies adopted recommended by the State Technology

20  Office Council, and make recommendations to the Executive

21  Office of the Governor and the chairs of the legislative

22  appropriations committees.

23         (b)  To review and make recommendations to the

24  Executive Office of the Governor and to the chairs of the

25  legislative appropriations committees on proposed budget

26  amendments and agency transfers associated with information

27  technology resources management initiatives or projects that

28  involve more than one agency, that have an outcome that

29  impacts another agency, or that exceed $500,000 in total cost

30  over a 1-year period.

31

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  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.--

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  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

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  1         (e)  "Review board" means a nonpartisan board composed

  2  of private citizens and public employees who evaluate the

  3  projects and make funding recommendations to the committee.

  4         (4)  There is hereby created the State Innovation

  5  Committee, which shall have final approval authority as to

  6  which innovative investment projects submitted under this

  7  section shall be funded. Such committee shall be comprised of

  8  seven five members. Appointed members shall serve terms of 1

  9  year and may be reappointed. The committee shall include:

10         (a)  The Lieutenant Governor.

11         (b)  The director of the Governor's Office of Planning

12  and Budgeting.

13         (c)  The Chief Information Officer in the State

14  Technology Office.

15         (d)(c)  The Comptroller.

16         (e)(d)  One representative of the private sector

17  appointed by the Commission on Government Accountability to

18  the People.

19         (f)(e)  The director of the Office of Tourism, Trade,

20  and Economic Development. One representative appointed by

21  Enterprise Florida, Inc.

22         (g)  The Chair of IT Florida.com, Inc.

23

24  The Secretary of Management Services shall serve as an

25  alternate in the event a member is unable to attend the

26  committee meeting.

27         (5)  Agencies shall submit proposed innovative

28  investment projects to the Office of Tourism, Trade, and

29  Economic Development department by a date established and in

30  the format prescribed by the office department. Such

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  1  innovative investment project proposals shall include, but not

  2  be limited to:

  3         (a)  The identification of a specific innovative

  4  investment project.

  5         (b)  The name of the agency's innovative investment

  6  project administrator.

  7         (c)  A cost/benefit analysis which is a financial

  8  summary of how the innovative investment project will produce

  9  a cost savings for the agency or improve the quality of the

10  public services delivered by the agency. The analysis shall

11  include a breakdown of each project cost category, including,

12  but not limited to:  the costs associated with hiring of

13  other-personal-services staff, re-engineering efforts,

14  purchase of equipment, maintenance agreements, training,

15  consulting services, travel, acquisition of information

16  technology resources; any monetary or in-kind contributions

17  made by the agency, another public entity, or the private

18  sector; and available baseline data, performance measures, and

19  outcomes as defined in s. 216.011(1).

20         (d)  The approval of the agency head, the agency's

21  budget director, the agency's inspector general or internal

22  auditor, and, if the innovative investment project involves

23  information technology resources, the information resource

24  manager.

25         (6)  Any agency developing an innovative investment

26  project proposal that involves information technology

27  resources may consult with and seek technical assistance from

28  the commission. The office department shall consult with the

29  commission for any project proposal that involves information

30  resource technology. The commission is responsible for

31  evaluating these projects and for advising the committee and

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  1  review board of the technical feasibility and any transferable

  2  benefits of the proposed technology. In addition to the

  3  requirements of subsection (5), the agencies shall provide to

  4  the commission any information requested by the commission to

  5  aid in determining that the proposed technology is appropriate

  6  for the project's success.

  7         (7)  The office department shall select a review board

  8  composed of private and public members. Terms of review board

  9  members shall be for 1 year beginning on a date established by

10  the office department. Review board members may serve more

11  than one term. The board shall evaluate innovative investment

12  projects and shall make recommendations to the committee as to

13  which innovative projects should be considered for funding.

14         (8)  When evaluating projects, the committee and the

15  review board shall consider whether the innovative investment

16  project meets the following criteria:

17         (a)  Increases the quality of public services by the

18  agency.

19         (b)  Reduces costs for the agency.

20         (c)  Involves a cooperative effort with another public

21  entity or the private sector.

22         (d)  Reduces the need for hiring additional employees

23  or avoids other operating costs incurred by the agency in the

24  future.

25         (9)  The committee shall allocate funds based on a

26  competitive evaluation process and award funds to agencies for

27  innovative investment projects demonstrating quantifiable

28  savings to the state, or improved customer service delivery.

29         (10)  The awarded agency shall monitor and evaluate the

30  projects to determine if the anticipated results were

31  achieved.

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  1         (11)  Funds appropriated for the Innovation Investment

  2  Program shall be distributed by the Executive Office of the

  3  Governor subject to notice, review, and objection procedures

  4  set forth in s. 216.177. The office department may transfer

  5  funds from the annual appropriation as necessary to administer

  6  the program.

  7         Section 8.  Paragraph (c) is added to subsection (1) of

  8  section 216.292, Florida Statutes, to read:

  9         216.292  Appropriations nontransferable; exceptions.--

10         (1)

11         (c)  Notwithstanding any other provision of this

12  section or the provisions of s. 216.351, for fiscal year

13  2001-2002, state agencies may transfer positions and

14  appropriations as necessary to comply with any provision of

15  the General Appropriations Act, or any other provision of law,

16  that requires or specifically authorizes the transfer of

17  positions and appropriations in the consolidation of

18  information technology resources to the State Technology

19  Office.

20         Section 9.  Section 282.005, Florida Statutes, is

21  amended to read:

22         282.005  Legislative findings and intent.--The

23  Legislature finds that:

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

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

26  resource.

27         (2)  The state makes significant investments in

28  information technology resources in order to manage

29  information and to provide services to its citizens.

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

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

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  1  information technology resources and to design, procure, and

  2  deploy, on behalf of the state, information technology

  3  resources.

  4         (4)  The cost-effective deployment of information

  5  technology and information resources by state agencies can

  6  best be managed by a Chief Information Officer.

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

  8  with The State Technology Office, has primary responsibility

  9  and accountability for the planning, budgeting, acquisition,

10  development, implementation, use, and management of

11  information technology resources within the state agency. The

12  State Technology Office shall use the state's information

13  technology in the best interest of the state as a whole and

14  shall contribute to and make use of shared data and related

15  resources whenever appropriate. Each agency head has primary

16  responsibility and accountability for setting agency

17  priorities, identifying business needs, and determining agency

18  services and programs to be developed as provided by law. The

19  State Technology Office, through service level agreements with

20  each agency, shall provide the information technology needed

21  for the agency to accomplish its mission.

22         (6)  The expanding need for, use of, and dependence on

23  information technology resources requires focused management

24  attention and managerial accountability by state agencies and

25  the state as a whole.

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

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

28  information technology resources and for their use in

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

30  shall also use its information technology resources in the

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

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  1  and make use of shared data and related resources whenever

  2  appropriate.

  3         (7)(8)  The state, through the State Technology Office,

  4  shall provide, by whatever means is most cost-effective and

  5  efficient, the information technology, enterprise resource

  6  planning and management, and enterprise resource management

  7  infrastructure the information resources management

  8  infrastructure needed to collect, store, and process the

  9  state's data and information, provide connectivity, and

10  facilitate the exchange of data and information among both

11  public and private parties.

12         (8)(9)  A necessary part of the state's information

13  technology resources management infrastructure is a statewide

14  communications system for all types of signals, including, but

15  not limited to, voice, data, video, radio, telephone,

16  wireless, and image.

17         (9)(10)  To ensure the best management of the state's

18  information technology resources, and notwithstanding other

19  provisions of law to the contrary, the functions of

20  information technology resources management are hereby

21  assigned to the Board of Regents as the agency responsible for

22  the development and implementation of policy, planning,

23  management, rulemaking, standards, and guidelines for the

24  State University System; to the State Board of Community

25  Colleges as the agency responsible for establishing and

26  developing rules and policies for the Florida Community

27  College System; to the Supreme Court, for the judicial branch;

28  to each state attorney and public defender; and to the State

29  Technology Office for the executive branch of state

30  government.

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  1         (10)(11)  Notwithstanding anything to the contrary

  2  contained in this act, the State Technology Office shall take

  3  no action affecting the supervision or control of the

  4  personnel or data processing equipment that the Comptroller

  5  deems necessary for the exercise of his or her official

  6  constitutional duties as set forth in s. 4(d) and (e), Art. IV

  7  of the State Constitution.

  8         (11)(12)  Notwithstanding anything to the contrary

  9  contained in this act, the State Technology Office shall take

10  no action affecting the supervision and control of the

11  personnel or data processing equipment which the Attorney

12  General deems necessary for the exercise of his or her

13  official constitutional duties as set forth in s. 4(c), Art.

14  IV of the State Constitution.

15         Section 10.  Section 282.303, Florida Statutes, is

16  renumbered as section 282.0041, Florida Statutes, and amended

17  to read:

18         282.0041 282.303  Definitions.--For the purposes of

19  this part ss. 282.303-282.322, the term:

20         (1)  "Agency" means those entities described in s.

21  216.011(1)(qq)(mm).

22         (2)(8)  "Agency Annual Enterprise Resource Planning and

23  Management Report" means the report prepared by each Agency

24  the Chief Information Officer of each agency as required by s.

25  282.3063.

26         (3)(2)  "Agency Chief Information Officer" means the

27  person appointed by the agency head, in consultation with the

28  State Technology Office, to coordinate and manage the

29  information technology resources management policies and

30  activities applicable to within that agency.

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  1         (4)(3)  "Agency Chief Information Officers Council"

  2  means the council created in s. 282.315 to facilitate the

  3  sharing and coordination of information technology resources

  4  management issues and initiatives among the agencies.

  5         (5)(13)  "Enterprise resources management

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

  7  human resources, policies, standards, and facilities,

  8  maintenance, and related materials and services that are

  9  required to support the business processes of an agency or

10  state enterprise.

11         (5)  "Information technology hardware" means equipment

12  designed for the automated storage, manipulation, and

13  retrieval of data, voice or video, by electronic or mechanical

14  means, or both, and includes, but is not limited to, central

15  processing units, front-end processing units, including

16  miniprocessors and microprocessors, and related peripheral

17  equipment such as data storage devices, document scanners,

18  data entry, terminal controllers and data terminal equipment,

19  word processing systems, equipment and systems for computer

20  networks, personal communication devices, and wireless

21  equipment.

22         (6)(11)  "Enterprise resource planning and management"

23  means the planning, budgeting, acquiring, developing,

24  organizing, directing, training, and control, and related

25  services associated with government information technology

26  resources. The term encompasses information and related

27  resources, as well as the controls associated with their

28  acquisition, development, dissemination, and use.

29         (7)  "Information technology" means equipment,

30  hardware, software, firmware, programs, systems, networks,

31  infrastructure, media, and related material used to

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  1  automatically, electronically, and wirelessly collect,

  2  receive, access, transmit, display, store, record, retrieve,

  3  analyze, evaluate, process, classify, manipulate, manage,

  4  assimilate, control, communicate, exchange, convert, converge,

  5  interface, switch, or disseminate information of any kind or

  6  form.

  7         (6)  "Information technology services" means all

  8  services that include, but are not limited to, feasibility

  9  studies, systems design, software development, enterprise

10  resource planning, application service provision, consulting,

11  or time-sharing services.

12         (7)  "Data processing software" means the programs and

13  routines used to employ and control the capabilities of data

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

15  systems, compilers, assemblers, utilities, library routines,

16  maintenance routines, applications, and computer networking

17  programs.

18         (8)(10)  "Project" means an undertaking directed at the

19  accomplishment of a strategic objective relating to enterprise

20  resources management or a specific appropriated program.

21         (9)  "State Annual Report on Enterprise Resource

22  Planning and Management" means the report prepared by the

23  State Technology Office as defined in s. 282.3093.

24         (10)(16)  "Standards" means the use of current, open,

25  nonproprietary, or non-vendor-specific technologies.

26         (11)(4)  "State Technology Office" or "office" means

27  the office created in s. 282.102 to support and coordinate

28  cost-effective deployment of technology and information

29  resources and services across state government.

30         (12)(15)  "Total cost" means all costs associated with

31  information technology resources management projects or

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  1  initiatives, including, but not limited to, value of hardware,

  2  software, service, maintenance, incremental personnel, and

  3  facilities.  Total cost of a loan or gift of information

  4  technology resources to an agency includes the fair market

  5  value of the resources, except that the total cost of loans or

  6  gifts of information technology resources to state

  7  universities to be used in instruction or research does not

  8  include fair market value.

  9         (12)  "Information technology resources" means data

10  processing hardware and software and services, communications,

11  supplies, personnel, facility resources, maintenance, and

12  training.

13         (14)  "Technology Review Workgroup" means the workgroup

14  created in s. 216.0446 to review and make recommendations on

15  agencies' information resources management planning and

16  budgeting proposals.

17         Section 11.  Section 282.102, Florida Statutes, is

18  amended to read:

19         282.102  Creation of the State Technology Office;

20  powers and duties of the State Technology Office of the

21  Department of Management Services.--There is created a State

22  Technology Office, administratively placed within the

23  Department of Management Services. The office shall be a

24  separate budget entity, and which shall be headed by a Chief

25  Information Officer who is appointed by the Governor and is in

26  the Senior Management Service. The Chief Information Officer

27  shall be an agency head for all purposes. The office shall not

28  be subject to control, supervision, or direction by the

29  Department of Management Services in any manner, including,

30  but not limited to, personnel, procurement, transactions

31  involving real or personal property, and planning and budget

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  1  matters. The office shall have the following powers, duties,

  2  and functions:

  3         (1)  To publish electronically the portfolio of

  4  services available from the office, including pricing

  5  information; the policies and procedures of the office

  6  governing usage of available services; and a forecast of the

  7  priorities and initiatives for the state communications system

  8  for the ensuing 2 years. The office shall provide a hard copy

  9  of its portfolio of services upon request.

10         (2)  To adopt policies and procedures implementing best

11  practices to be followed by agencies in acquiring, using,

12  upgrading, modifying, replacing, or disposing of information

13  technology. To coordinate the purchase, lease, and use of all

14  information technology services for state agencies, including

15  communications services provided as part of any other total

16  system to be used by the state or any of its agencies.

17         (3)  To perform, in consultation with an agency, the

18  enterprise resource planning and management for the agency.

19         (4)(3)  To advise and render aid to state agencies and

20  political subdivisions of the state as to systems or methods

21  to be used for organizing and meeting information technology

22  requirements efficiently and effectively.

23         (5)(4)  To integrate the information technology systems

24  and services of state agencies.

25         (6)(5)  To adopt technical standards for the state

26  information technology system which will assure the

27  interconnection of computer networks and information systems

28  of state agencies.

29         (7)(6)  To assume management responsibility for any

30  integrated information technology system or service when

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  1  determined by the office to be economically efficient or

  2  performance-effective.

  3         (8)(7)  To enter into agreements related to for the

  4  support and use of the information technology with services of

  5  state agencies and of political subdivisions of the state.

  6         (9)(8)  To use and or acquire, with agency concurrence,

  7  information technology facilities now owned or operated by any

  8  state agency.

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

10  of such services.

11         (10)  To purchase from or contract with information

12  technology providers for information technology facilities or

13  services, including private line services.

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

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

16  authorizations, patents, copyrights, trademarks, service

17  marks, licenses, and allocations or channels and frequencies

18  to carry out the purposes of this part ss. 282.101-282.109.

19         (12)  To purchase, lease, or otherwise acquire and to

20  hold, sell, transfer, license, or otherwise dispose of real,

21  personal estate, equipment, and intellectual other property,

22  including, but not limited to, patents, trademarks,

23  copyrights, and service marks.

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

25  emergency management agency in providing for emergency

26  communications services.

27         (14)  To delegate, as necessary, to state agencies the

28  authority to purchase, lease, or otherwise acquire and to use

29  powers of acquisition and utilization of information

30  technology equipment, facilities, and services or, as

31  necessary, to control and approve the purchase, lease, or

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  1  acquisition and the use of all information technology

  2  equipment, services, and facilities, including, but not

  3  limited to, communications services provided as part of any

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

  5  agencies.

  6         (15)  To acquire take ownership, possession, custody,

  7  and control of existing communications equipment and

  8  facilities, with agency concurrence, including all right,

  9  title, interest, and equity therein, as necessary, to carry

10  out the purposes of this part ss. 282.101-282.109.  However,

11  the provisions of this subsection shall in no way affect the

12  rights, title, interest, or equity in any such equipment or

13  facilities owned by, or leased to, the state or any state

14  agency by any telecommunications company.

15         (16)  To adopt rules pursuant to ss. 120.536(1) and

16  120.54 relating to information technology and to administer

17  the provisions of this part.

18         (17)  To provide a means whereby political subdivisions

19  of the state may use the state information technology systems

20  system upon such terms and under such conditions as the office

21  may establish.

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

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

24  and donations from individuals, foundations, and private

25  organizations.

26         (19)  To monitor issues relating to communications

27  facilities and services before the Florida Public Service

28  Commission and, when necessary, prepare position papers,

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

30  on behalf of state agencies in proceedings before the

31  commission.

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

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

  3  or interpret, communications within the SUNCOM Network by:

  4         (a)  Establishing technical standards to physically

  5  interface with the SUNCOM Network.

  6         (b)  Specifying how communications are transmitted

  7  within the SUNCOM Network.

  8         (c)  Controlling the routing of communications within

  9  the SUNCOM Network.

10         (d)  Establishing standards, policies, and procedures

11  for access to the SUNCOM Network.

12         (e)  Ensuring orderly and reliable communications

13  services in accordance with the standards and policies of all

14  state agencies and the service level agreements executed with

15  state agencies.

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

17  information technology services, equipment, and technologies,

18  and to implement enhancements in the state information

19  technology system when in the public interest and

20  cost-effective.  Funding for such experiments shall be derived

21  from SUNCOM Network service revenues and shall not exceed 2

22  percent of the annual budget for the SUNCOM Network for any

23  fiscal year or as provided in the General Appropriations Act

24  for fiscal year 2000-2001.  New services offered as a result

25  of this subsection shall not affect existing rates for

26  facilities or services.

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

28  without competitive bidding or procurement, to make available,

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

30  and other structures under office control for the placement of

31  new facilities by any wireless provider of mobile service as

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

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

  3  determined to be practical and feasible to make such property

  4  or other structures available. The office may, without

  5  adopting a rule, charge a just, reasonable, and

  6  nondiscriminatory fee for the placement of the facilities,

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

  8  by comparable communications facilities in the state. The

  9  office and a wireless provider or telecommunications company

10  may negotiate the reduction or elimination of a fee in

11  consideration of services provided to the office by the

12  wireless provider or telecommunications company. All such fees

13  collected by the office shall be deposited directly into the

14  State Agency Law Enforcement Radio Operating System Trust

15  Fund, and may be used by the office to construct, maintain, or

16  support the system.

17         (23)  To provide an integrated electronic system for

18  deploying government products, services, and information to

19  individuals and businesses.

20         (a)  The integrated electronic system shall reflect

21  cost-effective deployment strategies in keeping with industry

22  standards and practices, including protections and of security

23  of private information as well as maintenance of public

24  records.

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

26  fiscal accountability for the integrated electronic system and

27  shall establish the organizational structure required to

28  implement this system.

29         (24)  To provide administrative support to the Agency

30  Chief Information Officers Council and other workgroups

31  created by the Chief Information Officer.

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  1         (25)  To facilitate state information technology

  2  education and training for senior management and other agency

  3  staff.

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

  5  the Governor, memoranda on recommended guidelines and best

  6  practices for information resources management, when

  7  requested.

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

  9  Annual Report on Enterprise Resource Planning and Management

10  under s. 282.310.

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

12  Governor and Legislature on the feasibility of implementing

13  online voting in this state.

14         (29)  To facilitate the development of a network access

15  point in this state, as needed.

16         Section 12.  Section 282.103, Florida Statutes, is

17  amended to read:

18         282.103  SUNCOM Network; exemptions from the required

19  use.--

20         (1)  There is created within the State Technology

21  Office of the Department of Management Services the SUNCOM

22  Network which shall be developed to serve as the state

23  communications system for providing local and long-distance

24  communications services to state agencies, political

25  subdivisions of the state, municipalities, and nonprofit

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

27  Network shall be developed to transmit all types of

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

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

30  and assist in the development and joint use of communications

31  systems and services.

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

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

  3  and operate through state ownership, commercial leasing, or

  4  some combination thereof, the facilities and equipment

  5  providing SUNCOM Network services, and shall develop a system

  6  of equitable billings and charges for communication services.

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

  8  Network for agency communications services as the services

  9  become available; however, no agency is relieved of

10  responsibility for maintaining communications services

11  necessary for effective management of its programs and

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

13  communications requirements of an agency, the agency shall

14  notify the State Technology Office of the Department of

15  Management Services in writing and detail the requirements for

16  that communications service.  If the office is unable to meet

17  an agency's requirements by enhancing SUNCOM Network service,

18  the office may shall grant the agency an exemption from the

19  required use of specified SUNCOM Network services.

20         Section 13.  Section 282.104, Florida Statutes, is

21  amended to read:

22         282.104  Use of state SUNCOM Network by

23  municipalities.--Any municipality may request the State

24  Technology Office of the Department of Management Services to

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

26  communications services upon such terms and under such

27  conditions as the office department may establish. The

28  requesting municipality shall pay its share of installation

29  and recurring costs according to the published rates for

30  SUNCOM Network services and as invoiced by the office. Such

31

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  1  municipality shall also pay for any requested modifications to

  2  existing SUNCOM Network services, if any charges apply.

  3         Section 14.  Subsection (1) of section 282.105, Florida

  4  Statutes, is amended to read:

  5         282.105  Use of state SUNCOM Network by nonprofit

  6  corporations.--

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

  8  Management Services shall provide a means whereby private

  9  nonprofit corporations under contract with state agencies or

10  political subdivisions of the state may use the state SUNCOM

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

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

13  corporation shall:

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

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

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

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

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

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

20  SUNCOM Network services are requested.

21         Section 15.  Section 282.106, Florida Statutes, is

22  amended to read:

23         282.106  Use of SUNCOM Network by libraries.--The State

24  Technology Office of the Department of Management Services may

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

26  including libraries in public schools, community colleges, the

27  State University System, and nonprofit private postsecondary

28  educational institutions, and libraries owned and operated by

29  municipalities and political subdivisions.

30

31

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  1         Section 16.  Subsection (1), paragraphs (f) and (g) of

  2  subsection (2), and subsections (3), (4), and (5) of section

  3  282.1095, Florida Statutes, are amended to read:

  4         282.1095  State agency law enforcement radio system.--

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

  6  Management Services may acquire and implement a statewide

  7  radio communications system to serve law enforcement units of

  8  state agencies, and to serve local law enforcement agencies

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

10  Agency Law Enforcement Communications is established in the

11  State Technology Office of the Department of Management

12  Services to advise the office of member-agency needs for the

13  planning, designing, and establishment of the joint system.

14  The State Agency Law Enforcement Radio Operating System Trust

15  Fund is established in the State Technology Office of the

16  Department of Management Services. The trust fund shall be

17  funded from surcharges collected under ss. 320.0802 and

18  328.72.

19         (2)

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

21  Management Services is hereby authorized to rent or lease

22  space on any tower under its control. The office may also

23  rent, lease, or sublease ground space as necessary to locate

24  equipment to support antennae on the towers.  The costs for

25  use of such space shall be established by the office for each

26  site, when it is determined to be practicable and feasible to

27  make space available. The office may refuse to lease space on

28  any tower at any site.  All moneys collected by the office for

29  such rents, leases, and subleases shall be deposited directly

30  into the State Agency Law Enforcement Radio Operating System

31

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  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

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  1  until the existing radio equipment can be replaced pursuant to

  2  implementation of the statewide radio communications system.

  3         (4)(a)  The office joint task force shall establish

  4  policies, procedures, and standards which shall be

  5  incorporated into a comprehensive management plan for the use

  6  and operation of the statewide radio communications system.

  7         (b)  The joint task force, in consultation with the

  8  office, shall have the authority to permit other state

  9  agencies to use the communications system, under terms and

10  conditions established by the joint task force.

11         (5)(a)  The State Technology office of the Department

12  of Management Services shall provide technical support to the

13  joint task force and shall bear the overall responsibility for

14  the design, engineering, acquisition, and implementation of

15  the statewide radio communications system and for ensuring the

16  proper operation and maintenance of all system common

17  equipment.

18         (b)  The positions necessary for the office to

19  accomplish its duties under this section shall be established

20  through the budgetary process and shall be funded by the State

21  Agency Law Enforcement Radio System Trust Fund.

22         Section 17.  Section 282.111, Florida Statutes, is

23  amended to read:

24         282.111  Statewide system of regional law enforcement

25  communications.--

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

27  that a statewide system of regional law enforcement

28  communications be developed whereby maximum efficiency in the

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

30  more effectively with the apprehension of criminals and the

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

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  1  enforcement agencies within the state are directed to provide

  2  the State Technology Office of the Department of Management

  3  Services with any information the office requests for the

  4  purpose of implementing the provisions of subsection (2).

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

  6  Management Services is hereby authorized and directed to

  7  develop and maintain a statewide system of regional law

  8  enforcement communications.  In formulating such a system, the

  9  office shall divide the state into appropriate regions and

10  shall develop a program which shall include, but not be

11  limited to, the following provisions:

12         (a)  The communications requirements for each county

13  and municipality comprising the region.

14         (b)  An interagency communications provision which

15  shall depict the communication interfaces between municipal,

16  county, and state law enforcement entities which operate

17  within the region.

18         (c)  Frequency allocation and use provision which shall

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

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

21  half-duplex, on each channel.

22         (3)  The office shall adopt any necessary rules and

23  regulations for implementing and coordinating the statewide

24  system of regional law enforcement communications.

25         (4)  The Chief Information Officer of the State

26  Technology Office or his or her designee is designated as the

27  director of the statewide system of regional law enforcement

28  communications and, for the purpose of carrying out the

29  provisions of this section, is authorized to coordinate the

30  activities of the system with other interested state agencies

31  and local law enforcement agencies.

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  1         (5)  No law enforcement communications system shall be

  2  established or present system expanded without the prior

  3  approval of the State Technology Office of the Department of

  4  Management Services.

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

  6  Department of Law Enforcement is encouraged to lend assistance

  7  to the State Technology Office of the Department of Management

  8  Services in the development of the statewide system of

  9  regional law enforcement communications proposed by this

10  section.

11         Section 18.  Section 282.20, Florida Statutes, is

12  amended to read:

13         282.20  Technology Resource Center.--

14         (1)(a)  The State Technology Office of the Department

15  of Management Services shall operate and manage the Technology

16  Resource Center.

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

18         1.  "Office" means the State Technology Office of the

19  Department of Management Services.

20         1.2.  "Information-system utility" means a full-service

21  information-processing facility offering hardware, software,

22  operations, integration, networking, and consulting services.

23         2.3.  "Customer" means a state agency or other entity

24  which is authorized to utilize the SUNCOM Network pursuant to

25  this part.

26         (2)  The Technology Resource Center shall:

27         (a)  Serve the office and other customers as an

28  information-system utility.

29         (b)  Cooperate with customers to offer, develop, and

30  support a wide range of services and applications needed by

31  users of the Technology Resource Center.

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  1         (c)  Cooperate with the Florida Legal Resource Center

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

  3  develop and provide access to repositories of legal

  4  information throughout the state.

  5         (d)  Cooperate with the office to facilitate

  6  interdepartmental networking and integration of network

  7  services for its customers.

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

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

10  the state.

11         (3)  The office may contract with customers to provide

12  any combination of services necessary for agencies to fulfill

13  their responsibilities and to serve their users.

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

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

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

17  the Technology Resource Center shall be contingent upon

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

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

20         (4)(5)  The Technology Resource Center may plan,

21  design, establish pilot projects for, and conduct experiments

22  with information technology resources, and may implement

23  enhancements in services when such implementation is

24  cost-effective. Funding for experiments and pilot projects

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

26  percent of the service revenues for the Technology Resource

27  Center for any single fiscal year. Any experiment, pilot

28  project, plan, or design must be approved by the Chief

29  Information Officer of the State Technology Office.

30         (5)(6)  Notwithstanding the provisions of s. 216.272,

31  the Technology Resource Center may spend the funds in the

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  1  reserve account of the Technology Enterprise Operating Trust

  2  Fund its working capital trust fund for enhancements to center

  3  operations or for information technology resources. Any

  4  expenditure of reserve account funds must be approved by the

  5  Chief Information Officer of the State Technology Office. Any

  6  funds remaining in the reserve account at the end of the

  7  fiscal year may be carried forward and spent as approved by

  8  the Chief Information Officer of the State Technology Office,

  9  provided that such approval conforms to any applicable

10  provisions of chapter 216.

11         Section 19.  Section 282.21, Florida Statutes, is

12  amended to read:

13         282.21  The State Technology Office's Office of the

14  Department of Management Services' electronic access

15  services.--The State Technology Office of the Department of

16  Management Services may collect fees for providing remote

17  electronic access pursuant to s. 119.085. The fees may be

18  imposed on individual transactions or as a fixed subscription

19  for a designated period of time.  All fees collected under

20  this section shall be deposited in the appropriate trust fund

21  of the program or activity that made the remote electronic

22  access available.

23         Section 20.  Subsections (1) and (2) of section 282.22,

24  Florida Statutes, are amended to read:

25         282.22  The State Technology Office; of the Department

26  of Management Services production, and dissemination, and

27  ownership of materials and products.--

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

29  materials, products, information, and services are acquired

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

31  Technology Office of the Department of Management Services,

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  1  through research and development or other efforts, including

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

  3  be made available for use by state and local government

  4  entities at the earliest practicable date and in the most

  5  economical and efficient manner possible and consistent with

  6  chapter 119.

  7         (2)  To accomplish this objective the office is

  8  authorized to publish or partner with private sector entities

  9  to produce or have produced materials and products and to make

10  them readily available for appropriate use. The office is

11  authorized to charge an amount or receive value-added services

12  adequate to cover the essential cost of producing and

13  disseminating such materials, information, services, or

14  products and is authorized to sell services, when appropriate,

15  to any entity who is authorized to use the SUNCOM Network

16  pursuant to this part and to the public.

17         Section 21.  Section 282.23, Florida Statutes, is

18  created to read:

19         282.23  State Strategic Information Technology

20  Alliance.--

21         (1)  The State Technology Office, in consultation with

22  the Department of Management Services, may establish a State

23  Strategic Information Technology Alliance for the acquisition

24  and use of information technology and related material in

25  accordance with the competitive practices pursuant to the

26  purchasing provisions of chapter 287.

27         (2)  The State Technology Office, in consultation with

28  the Department of Management Services, shall establish

29  policies and procedures applicable to establishing the

30  strategic alliances with prequalified contractors or partners

31

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  1  to provide the state with efficient, cost-effective, and

  2  advanced information technology.

  3         Section 22.  Section 282.3041, Florida Statutes, is

  4  repealed:

  5         282.3041  State agency responsibilities.--The head of

  6  each state agency, in consultation with the State Technology

  7  Office, is responsible and accountable for enterprise resource

  8  planning and management within the agency in accordance with

  9  legislative intent and as defined in this part.

10         Section 23.  Section 282.3055, Florida Statutes, is

11  amended to read:

12         282.3055  Agency Chief Information Officer;

13  appointment; duties.--

14         (1)(a)  To assist the State Technology Officer agency

15  head in carrying out the enterprise resource planning and

16  management responsibilities, the Chief Information Officer may

17  agency head shall appoint, in consultation with the State

18  Technology Office, or contract for an Agency a Chief

19  Information Officer at a level commensurate with the role and

20  importance of information technology resources in the agency.

21  This position may be full time or part time.

22         (b)  The Agency Chief Information Officer must, at a

23  minimum, have knowledge and experience in both management and

24  information technology resources.

25         (2)  The duties of the Agency Chief Information Officer

26  include, but are not limited to:

27         (a)  Coordinating and facilitating agency enterprise

28  resource planning and management projects and initiatives.

29         (b)  Preparing an agency annual report on enterprise

30  resource planning and management pursuant to s. 282.3063.

31

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  1         (c)  Developing and implementing agency enterprise

  2  resource planning and management policies, procedures, and

  3  standards, including specific policies and procedures for

  4  review and approval of the agency's purchases of information

  5  technology resources in accordance with the office's policies

  6  and procedures.

  7         (d)  Advising agency senior management as to the

  8  enterprise resource planning and management needs of the

  9  agency for inclusion in planning documents required by law.

10         (e)  Assisting in the development and prioritization of

11  the enterprise resource planning and management schedule of

12  the agency's legislative budget request.

13         Section 24.  Subsection (1) of section 282.3063,

14  Florida Statutes, is amended to read:

15         282.3063  Agency Annual Enterprise Resource Planning

16  and Management Report.--

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

18  University System within 90 days after completion of the

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

20  Agency Chief Information Officer shall prepare and submit to

21  the State Technology Office an Agency Annual Enterprise

22  Resource Planning and Management Report.  Following

23  consultation with the State Technology Office and the Agency

24  Chief Information Officers Council, the Executive Office of

25  the Governor and the fiscal committees of the Legislature

26  shall jointly develop and issue instructions for the format

27  and contents of the report.

28         Section 25.  Subsections (1) and (2) of section

29  282.315, Florida Statutes, are amended to read:

30         282.315  Agency Chief Information Officers Council;

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

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  1  consensus building, coordination, and facilitation of

  2  statewide enterprise resource planning and management issues

  3  is essential to improving state management of such resources.

  4         (1)  There is created an Agency a Chief Information

  5  Officers Council to:

  6         (a)  Enhance communication among the Agency Chief

  7  Information Officers of state agencies by sharing enterprise

  8  resource planning and management experiences and exchanging

  9  ideas.

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

11  characteristic of highly successful technology organizations,

12  as well as exemplary information technology applications of

13  state agencies.

14         (c)  Identify efficiency opportunities among state

15  agencies.

16         (d)  Serve as an educational forum for enterprise

17  resource planning and management issues.

18         (e)  Assist the State Technology Office in identifying

19  critical statewide issues and, when appropriate, make

20  recommendations for solving enterprise resource planning and

21  management deficiencies.

22         (2)  Members of the council shall include the Agency

23  Chief Information Officers of all state agencies, including

24  the Chief Information Officers of the agencies and

25  governmental entities enumerated in s. 282.3031, except that

26  there shall be one Chief Information Officer selected by the

27  state attorneys and one Chief Information Officer selected by

28  the public defenders. The chairs, or their designees, of the

29  Geographic Information Board, the Florida Financial Management

30  Information System Coordinating Council, the Criminal and

31  Juvenile Justice Information Systems Council, and the Health

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  1  Information Systems Council shall represent their respective

  2  organizations on the Chief Information Officers Council as

  3  voting members.

  4         Section 26.  Subsection (2) of section 282.318, Florida

  5  Statutes, is amended to read:

  6         282.318  Security of data and information technology

  7  resources.--

  8         (2)(a)  Each agency head, in consultation with The

  9  State Technology Office, in consultation with each agency

10  head, is responsible and accountable for assuring an adequate

11  level of security for all data and information technology

12  resources of each the agency and, to carry out this

13  responsibility, shall, at a minimum:

14         1.  Designate an information security manager who shall

15  administer the security program of each the agency for its

16  data and information technology resources.

17         2.  Conduct, and periodically update, a comprehensive

18  risk analysis to determine the security threats to the data

19  and information technology resources of each the agency.  The

20  risk analysis information is confidential and exempt from the

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

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

23  postauditing duties.

24         3.  Develop, and periodically update, written internal

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

26  information technology resources of each the agency.  The

27  internal policies and procedures which, if disclosed, could

28  facilitate the unauthorized modification, disclosure, or

29  destruction of data or information technology resources are

30  confidential information and exempt from the provisions of s.

31  119.07(1), except that such information shall be available to

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  1  the Auditor General in performing his or her postauditing

  2  duties.

  3         4.  Implement appropriate cost-effective safeguards to

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

  5  data and information technology resources of each the agency.

  6         5.  Ensure that periodic internal audits and

  7  evaluations of each the security program for the data and

  8  information technology resources of the agency are conducted.

  9  The results of such internal audits and evaluations are

10  confidential information and exempt from the provisions of s.

11  119.07(1), except that such information shall be available to

12  the Auditor General in performing his or her postauditing

13  duties.

14         6.  Include appropriate security requirements, as

15  determined by the State Technology Office, in consultation

16  with each agency head, in the written specifications for the

17  solicitation of information technology resources.

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

19  Office of the Department of Management Services develops state

20  contracts for use by state agencies, the office department

21  shall include appropriate security requirements in the

22  specifications for the solicitation for state contracts for

23  procuring information technology resources.

24         Section 27.  Section 282.322, Florida Statutes, is

25  amended to read:

26         282.322  High-risk information technology projects;

27  reporting, monitoring, and assessment Special monitoring

28  process for designated information resources management

29  projects.--The Enterprise Project Management Office of the

30  State Technology Office shall report any information

31  technology projects the office identifies as high-risk to the

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  1  Executive Office of the Governor, the President of the Senate,

  2  the Speaker of the House of Representatives, and the

  3  appropriations committee chairs of the Senate and the House of

  4  Representatives. In addition to monitoring and reporting on

  5  such high-risk information technology projects, the Enterprise

  6  Project Management Office shall assess the levels of risks

  7  associated with proceeding to the next stage of the project.

  8  For each information resources management project which is

  9  designated for special monitoring in the General

10  Appropriations Act, with a proviso requiring a contract with a

11  project monitor, the Technology Review Workgroup established

12  pursuant to s. 216.0446, in consultation with each affected

13  agency, shall be responsible for contracting with the project

14  monitor. Upon contract award, funds equal to the contract

15  amount shall be transferred to the Technology Review Workgroup

16  upon request and subsequent approval of a budget amendment

17  pursuant to s. 216.292. With the concurrence of the

18  Legislative Auditing Committee, the office of the Auditor

19  General shall be the project monitor for other projects

20  designated for special monitoring. However, nothing in this

21  section precludes the Auditor General from conducting such

22  monitoring on any project designated for special monitoring.

23  In addition to monitoring and reporting on significant

24  communications between a contracting agency and the

25  appropriate federal authorities, the project monitoring

26  process shall consist of evaluating each major stage of the

27  designated project to determine whether the deliverables have

28  been satisfied and to assess the level of risks associated

29  with proceeding to the next stage of the project. The major

30  stages of each designated project shall be determined based on

31  the agency's information systems development methodology.

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  1  Within 20 days after an agency has completed a major stage of

  2  its designated project or at least 90 days, the project

  3  monitor shall issue a written report, including the findings

  4  and recommendations for correcting deficiencies, to the agency

  5  head, for review and comment. Within 20 days after receipt of

  6  the project monitor's report, the agency head shall submit a

  7  written statement of explanation or rebuttal concerning the

  8  findings and recommendations of the project monitor, including

  9  any corrective action to be taken by the agency. The project

10  monitor shall include the agency's statement in its final

11  report, which shall be forwarded, within 7 days after receipt

12  of the agency's statement, to the agency head, the inspector

13  general's office of the agency, the Executive Office of the

14  Governor, the appropriations committees of the Legislature,

15  the Joint Legislative Auditing Committee, the Technology

16  Review Workgroup, the President of the Senate, the Speaker of

17  the House of Representatives, and the Office of Program Policy

18  Analysis and Government Accountability. The Auditor General

19  shall also receive a copy of the project monitor's report for

20  those projects in which the Auditor General is not the project

21  monitor.

22         Section 28.  (1)  Each state agency that entered into a

23  memorandum of agreement with the State Technology Office by

24  March 15, 2001, regarding consolidation of information

25  technology resources and staff, shall transfer the positions

26  identified in the memoranda and the associated rate and the

27  amount of approved budget to the State Technology Office on

28  October 1, 2001.  The total number of positions transferred to

29  the State Technology Office shall not exceed 1,760 full-time

30  positions. Such transfers shall be subject to approval by the

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  1  Legislative Budget Commission pursuant to chapter 216, Florida

  2  Statutes.

  3         (2)  Each state agency required to transfer positions

  4  pursuant to subsection (1) shall also transfer administrative

  5  support personnel and associated rate and the amount of

  6  approved budget to the State Technology Office. The number of

  7  administrative support positions transferred by each agency

  8  shall not exceed 5 percent of the number of positions

  9  transferred pursuant to subsection (1).  Such transfers shall

10  take effect July 15, 2001.  Such transfers shall be subject to

11  approval by the Legislative Budget Commission pursuant to

12  chapter 216, Florida Statutes.

13         (3)  The State Technology Office and the individual

14  agencies may request subsequent transfers of full-time

15  positions and associated rate and funds during the fiscal year

16  to meet the levels of service agreed to between the State

17  Technology Office and the agencies.  Such transfers shall be

18  subject to approval by the Legislative Budget Commission

19  pursuant to chapter 216, Florida Statutes.

20         (4)  The State Technology Office is authorized to

21  charge back to each participating agency an amount equal to

22  the total of all direct and indirect costs of administering

23  the agreement with the agency and the total of all direct and

24  indirect costs of rendering the performances required of the

25  State Technology Office under such agreements.

26         (5)  Any resources transferred to the State Technology

27  Office which were dedicated to a federally funded system shall

28  remain allocated to that system until the appropriate federal

29  agency or authority confirms in writing that another plan for

30  supporting the system will not result in federal sanctions.

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  1         (6)  The corresponding amounts necessary to execute

  2  subsections (1)-(3) are appropriated to the state agencies for

  3  transfer to the State Technology Office.  Such amounts and

  4  specific funds shall be equivalent to the amount of approved

  5  budget reduced from state agencies in subsections (1)-(3),

  6  subject to approval by the Legislative Budget Commission.

  7         Section 29.  Section 282.404, Florida Statutes, is

  8  repealed.

  9         Section 30.  This act shall take effect July 1, 2001.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Creates the State Technology Office within the Department
  4    of Management Services. Requires the office to operate
      and manage the Technology Resource Center. Provides
  5    career service exemptions for specified officers and
      personnel within the State Technology Office.
  6

  7    Revises the entities required to annually develop and
      submit an information technology strategic plan. Provides
  8    for the State Technology Office to administer and approve
      development of information technology strategic plans.
  9    Revises provisions relating to the review of long-range
      program plans for executive agencies by the Executive
10    Office of the Governor. Provides that the Executive
      Office of the Governor shall consider the findings of the
11    State Technology Office with respect to the State Annual
      Report on Enterprise Resource Planning and Management and
12    statewide policies adopted by the State Technology
      Office.
13

14    Eliminates the Technology Review Workgroup. Provides for
      assumption of the duties of the Technology Review
15    Workgroup by the State Technology Office. Requires the
      reporting of specified information to the Executive
16    Office of the Governor. Provides powers and duties of the
      State Technology Office.
17

18    Provides requirements with respect to an amendment to the
      original approved operating budget for specified
19    information technology projects or initiatives.

20
      Transfers specified responsibilities with respect to the
21    Innovation Investment Program Act from the Department of
      Management Services to the Office of Tourism, Trade, and
22    Economic Development within the Executive Office of the
      Governor. Revises the membership of the State Innovation
23    Committee.

24
      Authorizes state agencies to transfer positions and
25    appropriations for fiscal year 2001-2002 for the purpose
      of consolidating information technology resources to the
26    State Technology Office.  Revises legislative findings
      and intent with respect to the Information Resources
27    Management Act of 1997. Provides that the State
      Technology Office has primary responsibility and
28    accountability for information technology matters within
      the state.  Defines "information technology" for purposes
29    of the act.  Revises powers and duties of the State
      Technology Office.  Provides that the office shall be a
30    separate budget entity within the Department of
      Management Services.  Provides that the Chief Information
31    Officer shall be an agency head.  Authorizes the office
      to perform, in consultation with a state agency, the
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  1    enterprise resource planning and management for the
      agency. Authorizes the office to apply for, receive, and
  2    hold specified patents, copyrights, trademarks, and
      service marks. Authorizes the office to purchase, lease,
  3    hold, sell, transfer, license, and dispose of specified
      real, personal, and intellectual property. Provides for
  4    deposit of specified fees into the Law Enforcement Radio
      Operating Trust Fund.  Authorizes the State Technology
  5    Office to grant an agency exemption from required use of
      specified SUNCOM Network services.  Renames the State
  6    Agency Law Enforcement Radio System Trust Fund as the Law
      Enforcement Radio Operating Trust Fund.  Requires the
  7    office to establish policies, procedures, and standards
      for a comprehensive plan for a statewide radio
  8    communications system.  Eliminates provisions relating to
      establishment and funding of specified positions.
  9

10    Removes provisions relating to the acceptance of new
      customers by the Technology Resource Center.  Authorizes
11    the center to spend funds in the reserve account of the
      Technology Enterprise Operating Trust Fund.  Removes
12    specified restrictions on the office's authority to sell
      services.  Authorizes the State Technology Office, in
13    consultation with the Department of Management Services,
      to establish a State Strategic Information Technology
14    Alliance, provides purposes of the alliance, and provides
      for the establishment of policies and procedures.
15

16    Repeals provisions which provide that the head of each
      state agency is responsible and accountable for
17    enterprise resource planning and management within the
      agency.  Authorizes the Chief Information Officer to
18    appoint or contract for Agency Chief Information Officers
      to assist in carrying out enterprise resource planning
19    and management responsibilities. Requires Agency Chief
      Information Officers to prepare and submit an Agency
20    Annual Enterprise Resource Planning and Management
      Report.  Renames the Chief Information Officers Council
21    as the Agency Chief Information Officers Council and
      revises the voting membership of the council.
22

23    Eliminates provisions relating to the special monitoring
      process for designated information resources management
24    projects and requires the Enterprise Project Management
      Office of the State Technology Office to report on,
25    monitor, and assess risk levels of specified high-risk
      technology projects.
26

27    Requires certain state agencies to transfer described
      positions and administrative support personnel to the
28    State Technology Office by specified dates.  Provides
      limits on the number of positions and administrative
29    support personnel transferred.  Provides that the State
      Technology Office and the relevant agencies are
30    authorized to request subsequent transfers of positions,
      subject to approval by the Legislative Budget Commission.
31    Provides requirements with respect to transferred
      resources which were dedicated to a federally funded
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  1    system.  Provides appropriations.

  2
      Abolishes the Florida Geographic Information Board within
  3    the State Technology Office.

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