House Bill hb1811e1
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  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;
                                  1
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  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
                                  2
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  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 except as to
10         information technology or information
11         technology personnel that a constitutional
12         officer under s. 4 Art. 4 deems necessary for
13         the performance of his or her constitutional or
14         statutory duties; amending and renumbering s.
15         282.303, F.S.; revising definitions; defining
16         "information technology"; amending s. 282.102,
17         F.S.; revising powers and duties of the State
18         Technology Office; providing that the office
19         shall be a separate budget entity within the
20         Department of Management Services; providing
21         that the Chief Information Officer shall be
22         considered an agency head; providing for
23         administrative support and service from
24         Department of Management Services; authorizing
25         the office to perform, in consultation with a
26         state agency, the enterprise resource planning
27         and management for the agency; authorizing the
28         office to apply for, receive, and hold
29         specified patents, copyrights, trademarks, and
30         service marks; authorizing the office to
31         purchase, lease, hold, sell, transfer, license,
                                  3
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         and dispose of specified real, personal, and
  2         intellectual property; providing for deposit of
  3         specified fees in the Law Enforcement Radio
  4         Operating Trust Fund; providing for a State
  5         Chief Privacy Officer; amending s. 282.103,
  6         F.S., to conform; authorizing the State
  7         Technology Office to grant an agency exemption
  8         from required use of specified SUNCOM Network
  9         services; amending s. 282.104, F.S., to
10         conform; amending s. 282.105, F.S., to conform;
11         amending s. 282.106, F.S., to conform; amending
12         s. 282.1095, F.S., relating to the state agency
13         law enforcement radio system; providing
14         conforming amendments; renaming the State
15         Agency Law Enforcement Radio System Trust Fund
16         as the Law Enforcement Radio Operating Trust
17         Fund; requiring the office to establish
18         policies, procedures, and standards for a
19         comprehensive plan for a statewide radio
20         communications system; eliminating provisions
21         relating to establishment and funding of
22         specified positions; amending s. 282.111, F.S.,
23         to conform; amending s. 282.20, F.S., relating
24         to the Technology Resource Center; providing
25         conforming amendments; removing provisions
26         relating to the acceptance of new customers by
27         the center; authorizing the center to spend
28         funds in the reserve account of the Technology
29         Enterprise Operating Trust Fund; amending s.
30         282.21, F.S., to conform; amending s. 282.22,
31         F.S.; revising terminology; removing specified
                                  4
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         restrictions on the office's authority to sell
  2         services; creating s. 282.23, F.S.; authorizing
  3         the State Technology Office, in consultation
  4         with the Department of Management Services, to
  5         establish a State Strategic Information
  6         Technology Alliance; providing purposes of the
  7         alliance; providing for the establishment of
  8         policies and procedures; repealing s. 282.3041,
  9         F.S., which provides that the head of each
10         state agency is responsible and accountable for
11         enterprise resource planning and management
12         within the agency; amending s. 282.3055, F.S.;
13         authorizing the Chief Information Officer to
14         appoint or contract for Agency Chief
15         Information Officers to assist in carrying out
16         enterprise resource planning and management
17         responsibilities; amending s. 282.3063, F.S.;
18         requiring Agency Chief Information Officers to
19         prepare and submit an Agency Annual Enterprise
20         Resource Planning and Management Report;
21         amending s. 282.315, F.S.; renaming the Chief
22         Information Officers Council as the Agency
23         Chief Information Officers Council; revising
24         the voting membership of the council; amending
25         amending s. 282.318, F.S., to conform; amending
26         s. 282.322, F.S.; requiring the Enterprise
27         Project Management Office of the State
28         Technology Office to report on, monitor, and
29         assess risk levels of specified high-risk
30         technology projects; amending s. 216.163, F.S.;
31         providing that the Governor's recommended
                                  5
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         budget shall include recommendations for
  2         specified high-risk information technology
  3         projects; amending s. 119.07, F.S.; defining
  4         "information technology resources" and "data
  5         processing software"; amending ss. 119.083,
  6         F.S.; correcting cross references; requiring
  7         certain state agencies to transfer described
  8         positions and administrative support personnel
  9         to the State Technology Office by specified
10         dates; providing limits on the number of
11         positions and administrative support personnel
12         transferred; providing that the State
13         Technology Office and the relevant agencies are
14         authorized to request subsequent transfers of
15         positions, subject to approval by the
16         Legislative Budget Commission; providing
17         requirements with respect to transferred
18         resources which were dedicated to a federally
19         funded system; providing appropriations;
20         repealing s. 282.404, F.S.; abolishing the
21         Florida Geographic Information Board within the
22         State Technology Office; provides for
23         Legislative Budgeting Commission review of
24         certain agency plans, State Technology Office
25         policies, and certain budget amendments;
26         providing an effective date.
27
28  Be It Enacted by the Legislature of the State of Florida:
29
30
31
                                  6
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         Section 1.  Paragraph (b) of subsection (2) and
  2  subsection (3) of section 20.22, Florida Statutes, are amended
  3  to read:
  4         20.22  Department of Management Services.--There is
  5  created a Department of Management Services.
  6         (2)  The following divisions and programs within the
  7  Department of Management Services are established:
  8         (b)  State Technology Office Information Technology
  9  Program.
10         (3)  The State Technology Office Information Technology
11  Program shall operate and manage the Technology Resource
12  Center.
13         Section 2.  Subsection (2) of section 110.205, Florida
14  Statutes, is amended to read:
15         110.205  Career service; exemptions.--
16         (2)  EXEMPT POSITIONS.--The exempt positions which are
17  not covered by this part include the following, provided that
18  no position, except for positions established for a limited
19  period of time pursuant to paragraph (i) (h), shall be
20  exempted if the position reports to a position in the career
21  service:
22         (a)  All officers of the executive branch elected by
23  popular vote and persons appointed to fill vacancies in such
24  offices.  Unless otherwise fixed by law, the salary and
25  benefits for any such officer who serves as the head of a
26  department shall be set by the department in accordance with
27  the rules of the Senior Management Service.
28         (b)  All members, officers, and employees of the
29  legislative branch, except for the members, officers, and
30  employees of the Florida Public Service Commission.
31
                                  7
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (c)  All members, officers, and employees of the
  2  judicial branch.
  3         (d)  All officers and employees of the State University
  4  System and the Correctional Education Program within the
  5  Department of Corrections, and the academic personnel and
  6  academic administrative personnel of the Florida School for
  7  the Deaf and the Blind.  In accordance with the provisions of
  8  chapter 242, the salaries for academic personnel and academic
  9  administrative personnel of the Florida School for the Deaf
10  and the Blind shall be set by the board of trustees for the
11  school, subject only to the approval of the State Board of
12  Education. The salaries for all instructional personnel and
13  all administrative and noninstructional personnel of the
14  Correctional Education Program shall be set by the Department
15  of Corrections, subject to the approval of the Department of
16  Management Services.
17         (e)  The Chief Information Officer, deputy chief
18  information officers, chief technology officers, and deputy
19  chief technology officers in the State Technology Office.
20  Unless otherwise fixed by law, the State Technology Office
21  shall set the salary and benefits of these positions in
22  accordance with the rules of the Senior Management Service.
23         (f)(e)  All members of state boards and commissions,
24  however selected. Unless otherwise fixed by law, the salary
25  and benefits for any full-time board or commission member
26  shall be set by the department in accordance with the rules of
27  the Senior Management Service.
28         (g)(f)  Judges, referees, and receivers.
29         (h)(g)  Patients or inmates in state institutions.
30         (i)(h)  All positions which are established for a
31  limited period of time for the purpose of conducting a special
                                  8
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  study, project, or investigation and any person paid from an
  2  other-personal-services appropriation.  Unless otherwise fixed
  3  by law, the salaries for such positions and persons shall be
  4  set in accordance with rules established by the employing
  5  agency for other-personal-services payments pursuant to s.
  6  110.131.
  7         (j)(i)  The appointed secretaries, assistant
  8  secretaries, deputy secretaries, and deputy assistant
  9  secretaries of all departments; the executive directors,
10  assistant executive directors, deputy executive directors, and
11  deputy assistant executive directors of all departments; and
12  the directors of all divisions and those positions determined
13  by the department to have managerial responsibilities
14  comparable to such positions, which positions include, but are
15  not limited to, program directors, assistant program
16  directors, district administrators, deputy district
17  administrators, the Director of Central Operations Services of
18  the Department of Children and Family Services, and the State
19  Transportation Planner, State Highway Engineer, State Public
20  Transportation Administrator, district secretaries, district
21  directors of planning and programming, production, and
22  operations, and the managers of the offices specified in s.
23  20.23(3)(d)2., of the Department of Transportation.  Unless
24  otherwise fixed by law, the department shall set the salary
25  and benefits of these positions in accordance with the rules
26  of the Senior Management Service.
27         (k)(j)  The personal secretary to the incumbent of each
28  position exempted in paragraphs paragraph (a), (e), and (j).
29  and to each appointed secretary, assistant secretary, deputy
30  secretary, executive director, assistant executive director,
31  and deputy executive director of each department under
                                  9
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  paragraph (i). Unless otherwise fixed by law, the department
  2  shall set the salary and benefits of these positions in
  3  accordance with the rules of the Selected Exempt Service.
  4         (l)(k)  All officers and employees in the office of the
  5  Governor, including all employees at the Governor's mansion,
  6  and employees within each separate budget entity, as defined
  7  in chapter 216, assigned to the Governor. Unless otherwise
  8  fixed by law, the salary and benefits of these positions shall
  9  be set by the department as follows:
10         1.  The chief of staff, the assistant or deputy chief
11  of staff, general counsel, Director of Legislative Affairs,
12  chief inspector general, Director of Cabinet Affairs, Director
13  of Press Relations, Director of Planning and Budgeting,
14  director of administration, director of state-federal
15  relations, Director of Appointments, Director of External
16  Affairs, Deputy General Counsel, Governor's Liaison for
17  Community Development, Chief of Staff for the Lieutenant
18  Governor, Deputy Director of Planning and Budgeting, policy
19  coordinators, and the director of each separate budget entity
20  shall have their salaries and benefits established by the
21  department in accordance with the rules of the Senior
22  Management Service.
23         2.  The salaries and benefits of positions not
24  established in sub-subparagraph a. shall be set by the
25  employing agency. Salaries and benefits of employees whose
26  professional training is comparable to that of licensed
27  professionals under paragraph (r) (q), or whose administrative
28  responsibility is comparable to a bureau chief shall be set by
29  the Selected Exempt Service. The department shall make the
30  comparability determinations. Other employees shall have
31  benefits set comparable to legislative staff, except leave
                                  10
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  shall be comparable to career service as if career service
  2  employees.
  3         (m)(l)  All assistant division director, deputy
  4  division director, and bureau chief positions in any
  5  department, and those positions determined by the department
  6  to have managerial responsibilities comparable to such
  7  positions, which positions include, but are not limited to,
  8  positions in the Department of Health, the Department of
  9  Children and Family Services, and the Department of
10  Corrections that are assigned primary duties of serving as the
11  superintendent or assistant superintendent, or warden or
12  assistant warden, of an institution; positions in the
13  Department of Corrections that are assigned primary duties of
14  serving as the circuit administrator or deputy circuit
15  administrator; positions in the Department of Transportation
16  that are assigned primary duties of serving as regional toll
17  managers and managers of offices as defined in s.
18  20.23(3)(d)3. and (4)(d); positions in the Department of
19  Environmental Protection that are assigned the duty of an
20  Environmental Administrator or program administrator; those
21  positions described in s. 20.171 as included in the Senior
22  Management Service; and positions in the Department of Health
23  that are assigned the duties of Environmental Administrator,
24  Assistant County Health Department Director, and County Health
25  Department Financial Administrator. Unless otherwise fixed by
26  law, the department shall set the salary and benefits of these
27  positions in accordance with the rules established for the
28  Selected Exempt Service.
29         (n)(m)1.a.  In addition to those positions exempted by
30  other paragraphs of this subsection, each department head may
31  designate a maximum of 20 policymaking or managerial
                                  11
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  positions, as defined by the department and approved by the
  2  Administration Commission, as being exempt from the Career
  3  Service System. Career service employees who occupy a position
  4  designated as a position in the Selected Exempt Service under
  5  this paragraph shall have the right to remain in the Career
  6  Service System by opting to serve in a position not exempted
  7  by the employing agency. Unless otherwise fixed by law, the
  8  department shall set the salary and benefits of these
  9  positions in accordance with the rules of the Selected Exempt
10  Service; provided, however, that if the agency head determines
11  that the general counsel, chief Cabinet aide, public
12  information administrator or comparable position for a Cabinet
13  officer, inspector general, or legislative affairs director
14  has both policymaking and managerial responsibilities and if
15  the department determines that any such position has both
16  policymaking and managerial responsibilities, the salary and
17  benefits for each such position shall be established by the
18  department in accordance with the rules of the Senior
19  Management Service.
20         b.  In addition, each department may designate one
21  additional position in the Senior Management Service if that
22  position reports directly to the agency head or to a position
23  in the Senior Management Service and if any additional costs
24  are absorbed from the existing budget of that department.
25         2.  If otherwise exempt, employees of the Public
26  Employees Relations Commission, the Commission on Human
27  Relations, and the Unemployment Appeals Commission, upon the
28  certification of their respective commission heads, may be
29  provided for under this paragraph as members of the Senior
30  Management Service, if otherwise qualified.  However, the
31  deputy general counsels of the Public Employees Relations
                                  12
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  Commission shall be compensated as members of the Selected
  2  Exempt Service.
  3         (o)(n)  The executive director, deputy executive
  4  director, general counsel, official reporters, and division
  5  directors within the Public Service Commission and the
  6  personal secretary and personal assistant to each member of
  7  the Public Service Commission. Unless otherwise fixed by law,
  8  the salary and benefits of the executive director, deputy
  9  executive directors, general counsel, Director of
10  Administration, Director of Appeals, Director of Auditing and
11  Financial Analysis, Director of Communications, Director of
12  Consumer Affairs, Director of Electric and Gas, Director of
13  Information Processing, Director of Legal Services, Director
14  of Records and Reporting, Director of Research, and Director
15  of Water and Sewer shall be set by the department in
16  accordance with the rules of the Senior Management Service.
17  The salary and benefits of the personal secretary and the
18  personal assistant of each member of the commission and the
19  official reporters shall be set by the department in
20  accordance with the rules of the Selected Exempt Service,
21  notwithstanding any salary limitations imposed by law for the
22  official reporters.
23         (p)(o)1.  All military personnel of the Department of
24  Military Affairs. Unless otherwise fixed by law, the salary
25  and benefits for such military personnel shall be set by the
26  Department of Military Affairs in accordance with the
27  appropriate military pay schedule.
28         2.  The military police chiefs, military police
29  officers, firefighter trainers, firefighter-rescuers, and
30  electronic security system technicians shall have salary and
31  benefits the same as career service employees.
                                  13
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (q)(p)  The staff directors, assistant staff directors,
  2  district program managers, district program coordinators,
  3  district subdistrict administrators, district administrative
  4  services directors, district attorneys, and the Deputy
  5  Director of Central Operations Services of the Department of
  6  Children and Family Services and the county health department
  7  directors and county health department administrators of the
  8  Department of Health. Unless otherwise fixed by law, the
  9  department shall establish the salary range and benefits for
10  these positions in accordance with the rules of the Selected
11  Exempt Service.
12         (r)(q)  All positions not otherwise exempt under this
13  subsection which require as a prerequisite to employment:
14  licensure as a physician pursuant to chapter 458, licensure as
15  an osteopathic physician pursuant to chapter 459, licensure as
16  a chiropractic physician pursuant to chapter 460, including
17  those positions which are occupied by employees who are
18  exempted from licensure pursuant to s. 409.352; licensure as
19  an engineer pursuant to chapter 471, which are supervisory
20  positions except for such positions in the Department of
21  Transportation; or for 12 calendar months, which require as a
22  prerequisite to employment that the employee have received the
23  degree of Bachelor of Laws or Juris Doctor from a law school
24  accredited by the American Bar Association and thereafter
25  membership in The Florida Bar, except for any attorney who
26  serves as an administrative law judge pursuant to s. 120.65 or
27  for hearings conducted pursuant to s. 120.57(1)(a). Unless
28  otherwise fixed by law, the department shall set the salary
29  and benefits for these positions in accordance with the rules
30  established for the Selected Exempt Service.
31
                                  14
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (s)(r)  The statewide prosecutor in charge of the
  2  Office of Statewide Prosecution of the Department of Legal
  3  Affairs and all employees in the office.  The Department of
  4  Legal Affairs shall set the salary of these positions.
  5         (t)(s)  The executive director of each board or
  6  commission established within the Department of Business and
  7  Professional Regulation or the Department of Health. Unless
  8  otherwise fixed by law, the department shall establish the
  9  salary and benefits for these positions in accordance with the
10  rules established for the Selected Exempt Service.
11         (u)(t)  All officers and employees of the State Board
12  of Administration. The State Board of Administration shall set
13  the salaries and benefits of these positions.
14         (v)(u)  Positions which are leased pursuant to a state
15  employee lease agreement expressly authorized by the
16  Legislature pursuant to s. 110.191.
17         (w)  All managers, supervisors, and confidential
18  employees of the State Technology Office. The State Technology
19  Office shall set the salaries and benefits of these positions
20  in accordance with the rules established for the Selected
21  Exempt Service.
22         Section 3.  Section 186.022, Florida Statutes, is
23  amended to read:
24         186.022  Information technology resource strategic
25  plans.--By June 1 of each year, the Geographic Information
26  Board, the Financial Management Information Board, the
27  Criminal and Juvenile Justice Information Systems Council, and
28  the Health Information Systems Council shall each develop and
29  submit to the State Technology Office an information
30  technology resource strategic plan to the Executive Office of
31  the Governor in a form and manner prescribed in written
                                  15
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  instructions from prepared by the State Technology Office
  2  Executive Office of the Governor in consultation with the
  3  Executive Office of the Governor and the legislative
  4  appropriations committees. The State Technology Office
  5  Executive Office of the Governor shall review each such the
  6  strategic plan and may provide comments within 30 days. In its
  7  review, the Executive Office of the Governor shall determine
  8  consider all comments and findings of the Technology Review
  9  Workgroup as to whether each such the plan is consistent with
10  the State Annual Report on Enterprise Resource Planning and
11  Information Resources Management and statewide policies
12  adopted by the State Technology Office, and by July 1 of each
13  year shall develop and transmit to each such board and council
14  a written expression of its findings, conclusions, and
15  required changes, if any, with respect to each such strategic
16  plan recommended by the State Technology Council. If any
17  change to any such strategic plan is revisions are required,
18  each affected board boards and council shall revise its
19  strategic plan to the extent necessary to incorporate such
20  required changes councils have 30 days to incorporate those
21  revisions and shall resubmit its strategic return the plan to
22  the State Technology Office for final approval and acceptance
23  Executive Office of the Governor.
24         Section 4.  Subsection (4) of section 216.013, Florida
25  Statutes, is amended to read:
26         216.013  Long-range program plan.--
27         (4)  The Executive Office of the Governor shall review
28  the long-range program plans for executive agencies to ensure
29  that they are consistent with the state's goals and objectives
30  and other requirements as specified in the written
31  instructions and that they provide the framework and context
                                  16
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  for the agency's budget request. In its review, the Executive
  2  Office of the Governor shall consider the findings of the
  3  State Technology Office Technology Review Workgroup as to the
  4  consistency of the information technology portion of
  5  long-range program plans with the State Annual Report on
  6  Enterprise Resource Planning and Information Resources
  7  Management and statewide policies adopted recommended by the
  8  State Technology Office Council and the state's plan for
  9  facility needs pursuant to s. 216.0158. Based on the results
10  of the review, the Executive Office of the Governor may
11  require an agency to revise the plan.
12         Section 5.  Section 216.0446, Florida Statutes, is
13  amended to read:
14         216.0446  Review of information resources management
15  needs.--
16         (1)  There is created within the Legislature the
17  Technology Review Workgroup. The workgroup and the State
18  Technology Office shall independently review and make
19  recommendations with respect to the portion of agencies'
20  long-range program plans which pertains to information
21  resources management needs and with respect to agencies'
22  legislative budget requests for information technology and
23  related resources management. The Technology Review Workgroup
24  shall report such recommendations, together with the findings
25  and conclusions on which such recommendations are based, be
26  responsible to the Legislative Budget Commission chairs of the
27  legislative appropriations committees.  The State Technology
28  Office shall report such recommendations, together with the
29  findings and conclusions on which such recommendations are
30  based, to the Executive Office of the Governor and to the
31  chairs of the legislative appropriations committees.
                                  17
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (2)  In addition to its primary duty specified in
  2  subsection (1), the Technology Review Workgroup shall have
  3  powers and duties that include, but are not limited to, the
  4  following:
  5         (a)  To evaluate the information resource management
  6  needs identified in the agency long-range program plans for
  7  consistency with the State Annual Report on Enterprise
  8  Resource Planning and Information Resources Management and
  9  statewide policies recommended by the State Technology Office
10  Council, and make recommendations to the  Legislative Budget
11  Commission chairs of the legislative appropriations
12  committees.
13         (b)  To review and make recommendations to the
14  Legislative Budget Commission chairs of the legislative
15  appropriations committees on proposed budget amendments and
16  agency transfers associated with information technology
17  resources management initiatives or projects that involve more
18  than one agency, that have an outcome that impacts another
19  agency, or that exceed $500,000 in total cost over a 1-year
20  period, or that are requested by the Legislative Budget
21  Commission to be reviewed.
22         Section 6.  Subsection (5)of section 216.181, Florida
23  Statutes, is amended to read:
24         216.181  Approved budgets for operations and fixed
25  capital outlay.--
26         (5)  An amendment to the original operating budget for
27  an information technology resources management project or
28  initiative that involves more than one agency, has an outcome
29  that impacts another agency, or exceeds $500,000 in total cost
30  over a 1-year period, except for those projects that are a
31  continuation of hardware or software maintenance or software
                                  18
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  licensing agreements, or that are for desktop replacement that
  2  is similar to the technology currently in use must be reviewed
  3  by the Technology Review Workgroup pursuant to s. 216.0466 and
  4  approved by the Executive Office of the Governor for the
  5  executive branch or by the Chief Justice for the judicial
  6  branch, and shall be subject to the notice and review
  7  procedures set forth in s. 216.177.
  8         Section 7.  Section 216.235, Florida Statutes, is
  9  amended to read:
10         216.235  Innovation Investment Program; intent;
11  definitions; composition and responsibilities of State
12  Innovation Committee; responsibilities of the Office of
13  Tourism, Trade, and Economic Development Department of
14  Management Services, the Information Resource Commission, and
15  the review board; procedures for innovative project
16  submission, review, evaluation, and approval; criteria to be
17  considered.--
18         (1)  This section shall be cited as the "Innovation
19  Investment Program Act."
20         (2)  The Legislature finds that each state agency
21  should be encouraged to pursue innovative investment projects
22  which demonstrate a novel, creative, and entrepreneurial
23  approach to conducting the agency's normal business processes;
24  effectuate a significant change in the accomplishment of the
25  agency's activities; address an important problem of public
26  concern; and have the potential of being replicated by other
27  state agencies. The Legislature further finds that investment
28  in innovation can produce longer-term savings and that funds
29  for such investment should be available to assist agencies in
30  investing in innovations that produce a cost savings to the
31  state or improve the quality of services delivered. The
                                  19
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  Legislature also finds that any eligible savings realized as a
  2  result of investment in innovation should be available for
  3  future investment in innovation.
  4         (3)  For purposes of this section:
  5         (a)  "Agency" means an official, officer, commission,
  6  authority, council, committee, department, division, bureau,
  7  board, section, or other unit or entity of the executive
  8  branch.
  9         (b)  "Commission" means the Information Resource
10  Commission.
11         (c)  "Committee" means the State Innovation Committee.
12         (d)  "Office" means the Office of Tourism, Trade, and
13  Economic Development within the Executive Office of the
14  Governor. "Department" means the Department of Management
15  Services.
16         (e)  "Review board" means a nonpartisan board composed
17  of private citizens and public employees who evaluate the
18  projects and make funding recommendations to the committee.
19         (4)  There is hereby created the State Innovation
20  Committee, which shall have final approval authority as to
21  which innovative investment projects submitted under this
22  section shall be funded. Such committee shall be comprised of
23  seven five members. Appointed members shall serve terms of 1
24  year and may be reappointed. The committee shall include:
25         (a)  The Lieutenant Governor.
26         (b)  The director of the Governor's Office of Planning
27  and Budgeting.
28         (c)  The Chief Information Officer in the State
29  Technology Office.
30         (d)(c)  The Comptroller.
31
                                  20
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (e)(d)  One representative of the private sector
  2  appointed by the Commission on Government Accountability to
  3  the People.
  4         (f)(e)  The director of the Office of Tourism, Trade,
  5  and Economic Development. One representative appointed by
  6  Enterprise Florida, Inc.
  7         (g)  The Chair of IT Florida.com, Inc.
  8
  9  The Secretary of Management Services shall serve as an
10  alternate in the event a member is unable to attend the
11  committee meeting.
12         (5)  Agencies shall submit proposed innovative
13  investment projects to the Office of Tourism, Trade, and
14  Economic Development department by a date established and in
15  the format prescribed by the office department. Such
16  innovative investment project proposals shall include, but not
17  be limited to:
18         (a)  The identification of a specific innovative
19  investment project.
20         (b)  The name of the agency's innovative investment
21  project administrator.
22         (c)  A cost/benefit analysis which is a financial
23  summary of how the innovative investment project will produce
24  a cost savings for the agency or improve the quality of the
25  public services delivered by the agency. The analysis shall
26  include a breakdown of each project cost category, including,
27  but not limited to:  the costs associated with hiring of
28  other-personal-services staff, re-engineering efforts,
29  purchase of equipment, maintenance agreements, training,
30  consulting services, travel, acquisition of information
31  technology resources; any monetary or in-kind contributions
                                  21
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  made by the agency, another public entity, or the private
  2  sector; and available baseline data, performance measures, and
  3  outcomes as defined in s. 216.011(1).
  4         (d)  The approval of the agency head, the agency's
  5  budget director, the agency's inspector general or internal
  6  auditor, and, if the innovative investment project involves
  7  information technology resources, the information resource
  8  manager.
  9         (6)  Any agency developing an innovative investment
10  project proposal that involves information technology
11  resources may consult with and seek technical assistance from
12  the commission. The office department shall consult with the
13  commission for any project proposal that involves information
14  resource technology. The commission is responsible for
15  evaluating these projects and for advising the committee and
16  review board of the technical feasibility and any transferable
17  benefits of the proposed technology. In addition to the
18  requirements of subsection (5), the agencies shall provide to
19  the commission any information requested by the commission to
20  aid in determining that the proposed technology is appropriate
21  for the project's success.
22         (7)  The office department shall select a review board
23  composed of private and public members. Terms of review board
24  members shall be for 1 year beginning on a date established by
25  the office department. Review board members may serve more
26  than one term. The board shall evaluate innovative investment
27  projects and shall make recommendations to the committee as to
28  which innovative projects should be considered for funding.
29         (8)  When evaluating projects, the committee and the
30  review board shall consider whether the innovative investment
31  project meets the following criteria:
                                  22
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (a)  Increases the quality of public services by the
  2  agency.
  3         (b)  Reduces costs for the agency.
  4         (c)  Involves a cooperative effort with another public
  5  entity or the private sector.
  6         (d)  Reduces the need for hiring additional employees
  7  or avoids other operating costs incurred by the agency in the
  8  future.
  9         (9)  The committee shall allocate funds based on a
10  competitive evaluation process and award funds to agencies for
11  innovative investment projects demonstrating quantifiable
12  savings to the state, or improved customer service delivery.
13         (10)  The awarded agency shall monitor and evaluate the
14  projects to determine if the anticipated results were
15  achieved.
16         (11)  Funds appropriated for the Innovation Investment
17  Program shall be distributed by the Executive Office of the
18  Governor subject to notice, review, and objection procedures
19  set forth in s. 216.177. The office department may transfer
20  funds from the annual appropriation as necessary to administer
21  the program.
22         Section 8.  Paragraph (c) is added to subsection (1) of
23  section 216.292, Florida Statutes, to read:
24         216.292  Appropriations nontransferable; exceptions.--
25         (1)
26         (c)  Notwithstanding any other provision of this
27  section or the provisions of s. 216.351, for fiscal year
28  2001-2002, state agencies may transfer positions and
29  appropriations as necessary to comply with any provision of
30  the General Appropriations Act, or any other provision of law,
31  that requires or specifically authorizes the transfer of
                                  23
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  positions and appropriations in the consolidation of
  2  information technology resources to the State Technology
  3  Office.
  4         Section 9.  Section 282.005, Florida Statutes, is
  5  amended to read:
  6         282.005  Legislative findings and intent.--The
  7  Legislature finds that:
  8         (1)  Information is a strategic asset of the state,
  9  and, as such, it should be managed as a valuable state
10  resource.
11         (2)  The state makes significant investments in
12  information technology resources in order to manage
13  information and to provide services to its citizens.
14         (3)  An office must be created to provide support and
15  guidance to enhance the state's use and management of
16  information technology resources and to design, procure, and
17  deploy, on behalf of the state, information technology
18  resources.
19         (4)  The cost-effective deployment of information
20  technology and information resources by state agencies can
21  best be managed by a Chief Information Officer.
22         (5)  The head of each state agency, in consultation
23  with The State Technology Office, has primary responsibility
24  and accountability for the planning, budgeting, acquisition,
25  development, implementation, use, and management of
26  information technology resources within the state agency. The
27  State Technology Office shall use the state's information
28  technology in the best interest of the state as a whole and
29  shall contribute to and make use of shared data and related
30  resources whenever appropriate. Each agency head has primary
31  responsibility and accountability for setting agency
                                  24
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  priorities, identifying business needs, and determining agency
  2  services and programs to be developed as provided by law. The
  3  State Technology Office, through service level agreements with
  4  each agency, shall provide the information technology needed
  5  for the agency to accomplish its mission.
  6         (6)  The expanding need for, use of, and dependence on
  7  information technology resources requires focused management
  8  attention and managerial accountability by state agencies and
  9  the state as a whole.
10         (7)  The agency head, in consultation with the State
11  Technology Office, has primary responsibility for the agency's
12  information technology resources and for their use in
13  accomplishing the agency's mission.  However, each agency
14  shall also use its information technology resources in the
15  best interests of the state as a whole and thus contribute to
16  and make use of shared data and related resources whenever
17  appropriate.
18         (7)(8)  The state, through the State Technology Office,
19  shall provide, by whatever means is most cost-effective and
20  efficient, the information technology, enterprise resource
21  planning and management, and enterprise resource management
22  infrastructure the information resources management
23  infrastructure needed to collect, store, and process the
24  state's data and information, provide connectivity, and
25  facilitate the exchange of data and information among both
26  public and private parties.
27         (8)(9)  A necessary part of the state's information
28  technology resources management infrastructure is a statewide
29  communications system for all types of signals, including, but
30  not limited to, voice, data, video, radio, telephone,
31  wireless, and image.
                                  25
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (9)(10)  To ensure the best management of the state's
  2  information technology resources, and notwithstanding other
  3  provisions of law to the contrary, the functions of
  4  information technology resources management are hereby
  5  assigned to the Board of Regents as the agency responsible for
  6  the development and implementation of policy, planning,
  7  management, rulemaking, standards, and guidelines for the
  8  State University System; to the State Board of Community
  9  Colleges as the agency responsible for establishing and
10  developing rules and policies for the Florida Community
11  College System; to the Supreme Court, for the judicial branch;
12  to each state attorney and public defender; and to the State
13  Technology Office for the executive branch of state
14  government.
15         (10)  The State Technology Office shall take no action
16  affecting the supervision, control, management or coordination
17  of information technology and information technology
18  personnel, that any cabinet officer listed in s. 4 Art. IV of
19  the State Constitution deems necessary for the exercise of his
20  or her statutory or constitutional duties.
21         (11)  Notwithstanding anything to the contrary
22  contained in this act, the State Technology Office shall take
23  no action affecting the supervision or control of the
24  personnel or data processing equipment that the Comptroller
25  deems necessary for the exercise of his or her official
26  constitutional duties as set forth in s. 4(d) and (e), Art. IV
27  of the State Constitution.
28         (12)  Notwithstanding anything to the contrary
29  contained in this act, the State Technology Office shall take
30  no action affecting the supervision and control of the
31  personnel or data processing equipment which the Attorney
                                  26
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  General deems necessary for the exercise of his or her
  2  official constitutional duties as set forth in s. 4(c), Art.
  3  IV of the State Constitution.
  4         Section 10.  Section 282.303, Florida Statutes, is
  5  renumbered as section 282.0041, Florida Statutes, and amended
  6  to read:
  7         282.0041 282.303  Definitions.--For the purposes of
  8  this part ss. 282.303-282.322, the term:
  9         (1)  "Agency" means those entities described in s.
10  216.011(1)(qq)(mm).
11         (2)(8)  "Agency Annual Enterprise Resource Planning and
12  Management Report" means the report prepared by each Agency
13  the Chief Information Officer of each agency as required by s.
14  282.3063.
15         (3)(2)  "Agency Chief Information Officer" means the
16  person appointed by the agency head, in consultation with the
17  State Technology Office, to coordinate and manage the
18  information technology resources management policies and
19  activities applicable to within that agency.
20         (4)(3)  "Agency Chief Information Officers Council"
21  means the council created in s. 282.315 to facilitate the
22  sharing and coordination of information technology resources
23  management issues and initiatives among the agencies.
24         (5)(13)  "Enterprise resources management
25  infrastructure" means the hardware, software, networks, data,
26  human resources, policies, standards, and facilities,
27  maintenance, and related materials and services that are
28  required to support the business processes of an agency or
29  state enterprise.
30         (5)  "Information technology hardware" means equipment
31  designed for the automated storage, manipulation, and
                                  27
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  retrieval of data, voice or video, by electronic or mechanical
  2  means, or both, and includes, but is not limited to, central
  3  processing units, front-end processing units, including
  4  miniprocessors and microprocessors, and related peripheral
  5  equipment such as data storage devices, document scanners,
  6  data entry, terminal controllers and data terminal equipment,
  7  word processing systems, equipment and systems for computer
  8  networks, personal communication devices, and wireless
  9  equipment.
10         (6)(11)  "Enterprise resource planning and management"
11  means the planning, budgeting, acquiring, developing,
12  organizing, directing, training, and control, and related
13  services associated with government information technology
14  resources. The term encompasses information and related
15  resources, as well as the controls associated with their
16  acquisition, development, dissemination, and use.
17         (7)  "Information technology" means equipment,
18  hardware, software, firmware, programs, systems, networks,
19  infrastructure, media, and related material used to
20  automatically, electronically, and wirelessly collect,
21  receive, access, transmit, display, store, record, retrieve,
22  analyze, evaluate, process, classify, manipulate, manage,
23  assimilate, control, communicate, exchange, convert, converge,
24  interface, switch, or disseminate information of any kind or
25  form.
26         (6)  "Information technology services" means all
27  services that include, but are not limited to, feasibility
28  studies, systems design, software development, enterprise
29  resource planning, application service provision, consulting,
30  or time-sharing services.
31
                                  28
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (7)  "Data processing software" means the programs and
  2  routines used to employ and control the capabilities of data
  3  processing hardware, including, but not limited to, operating
  4  systems, compilers, assemblers, utilities, library routines,
  5  maintenance routines, applications, and computer networking
  6  programs.
  7         (8)(10)  "Project" means an undertaking directed at the
  8  accomplishment of a strategic objective relating to enterprise
  9  resources management or a specific appropriated program.
10         (9)  "State Annual Report on Enterprise Resource
11  Planning and Management" means the report prepared by the
12  State Technology Office as defined in s. 282.3093.
13         (10)(16)  "Standards" means the use of current, open,
14  nonproprietary, or non-vendor-specific technologies.
15         (11)(4)  "State Technology Office" or "office" means
16  the office created in s. 282.102 to support and coordinate
17  cost-effective deployment of technology and information
18  resources and services across state government.
19         (12)(15)  "Total cost" means all costs associated with
20  information technology resources management projects or
21  initiatives, including, but not limited to, value of hardware,
22  software, service, maintenance, incremental personnel, and
23  facilities.  Total cost of a loan or gift of information
24  technology resources to an agency includes the fair market
25  value of the resources, except that the total cost of loans or
26  gifts of information technology resources to state
27  universities to be used in instruction or research does not
28  include fair market value.
29         (12)  "Information technology resources" means data
30  processing hardware and software and services, communications,
31
                                  29
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  supplies, personnel, facility resources, maintenance, and
  2  training.
  3         (14)  "Technology Review Workgroup" means the workgroup
  4  created in s. 216.0446 to review and make recommendations on
  5  agencies' information resources management planning and
  6  budgeting proposals.
  7         Section 11.  Section 282.102, Florida Statutes, is
  8  amended to read:
  9         282.102  Creation of the State Technology Office;
10  powers and duties of the State Technology Office of the
11  Department of Management Services.--There is created a State
12  Technology Office, administratively placed within the
13  Department of Management Services. The office shall be a
14  separate budget entity, and which shall be headed by a Chief
15  Information Officer who is appointed by the Governor and is in
16  the Senior Management Service. The Chief Information Officer
17  shall be an agency head for all purposes.  The Department of
18  Management Services shall provide administrative support and
19  service to the office to the extent requested by the Chief
20  Information Officer.  The office may adopt policies and
21  procedures regarding personnel, procurement, and transactions
22  for State Technology Office personnel.  The office shall have
23  the following powers, duties, and functions:
24         (1)  To publish electronically the portfolio of
25  services available from the office, including pricing
26  information; the policies and procedures of the office
27  governing usage of available services; and a forecast of the
28  priorities and initiatives for the state communications system
29  for the ensuing 2 years. The office shall provide a hard copy
30  of its portfolio of services upon request.
31
                                  30
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (2)  To adopt rules implementing policies and
  2  procedures providing best practices to be followed by agencies
  3  in acquiring, using, upgrading, modifying, replacing, or
  4  disposing of information technology. To coordinate the
  5  purchase, lease, and use of all information technology
  6  services for state agencies, including communications services
  7  provided as part of any other total system to be used by the
  8  state or any of its agencies.
  9         (3)  To perform, in consultation with an agency, the
10  enterprise resource planning and management for the agency.
11         (4)(3)  To advise and render aid to state agencies and
12  political subdivisions of the state as to systems or methods
13  to be used for organizing and meeting information technology
14  requirements efficiently and effectively.
15         (5)(4)  To integrate the information technology systems
16  and services of state agencies.
17         (6)(5)  To adopt technical standards for the state
18  information technology system which will assure the
19  interconnection of computer networks and information systems
20  of state agencies.
21         (7)(6)  To assume management responsibility for any
22  integrated information technology system or service when
23  determined by the office to be economically efficient or
24  performance-effective.
25         (8)(7)  To enter into agreements related to for the
26  support and use of the information technology with services of
27  state agencies and of political subdivisions of the state.
28         (9)(8)  To use and or acquire, with agency concurrence,
29  information technology facilities now owned or operated by any
30  state agency.
31
                                  31
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (9)  To standardize policies and procedures for the use
  2  of such services.
  3         (10)  To purchase from or contract with information
  4  technology providers for information technology facilities or
  5  services, including private line services.
  6         (11)  To apply for, receive, and hold, and to or assist
  7  agencies in applying for, receiving, or holding, such
  8  authorizations, patents, copyrights, trademarks, service
  9  marks, licenses, and allocations or channels and frequencies
10  to carry out the purposes of this part ss. 282.101-282.109.
11         (12)  To purchase, lease, or otherwise acquire and to
12  hold, sell, transfer, license, or otherwise dispose of real,
13  personal estate, equipment, and intellectual other property,
14  including, but not limited to, patents, trademarks,
15  copyrights, and service marks.
16         (13)  To cooperate with any federal, state, or local
17  emergency management agency in providing for emergency
18  communications services.
19         (14)  To delegate, as necessary, to state agencies the
20  authority to purchase, lease, or otherwise acquire and to use
21  powers of acquisition and utilization of information
22  technology equipment, facilities, and services or, as
23  necessary, to control and approve the purchase, lease, or
24  acquisition and the use of all information technology
25  equipment, services, and facilities, including, but not
26  limited to, communications services provided as part of any
27  other total system to be used by the state or any of its
28  agencies.
29         (15)  To acquire take ownership, possession, custody,
30  and control of existing communications equipment and
31  facilities, with agency concurrence, including all right,
                                  32
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  title, interest, and equity therein, as necessary, to carry
  2  out the purposes of this part ss. 282.101-282.109.  However,
  3  the provisions of this subsection shall in no way affect the
  4  rights, title, interest, or equity in any such equipment or
  5  facilities owned by, or leased to, the state or any state
  6  agency by any telecommunications company.
  7         (16)  To adopt rules pursuant to ss. 120.536(1) and
  8  120.54 relating to information technology and to administer
  9  the provisions of this part.
10         (17)  To provide a means whereby political subdivisions
11  of the state may use the state information technology systems
12  system upon such terms and under such conditions as the office
13  may establish.
14         (18)  To apply for and accept federal funds for any of
15  the purposes of this part ss. 282.101-282.109 as well as gifts
16  and donations from individuals, foundations, and private
17  organizations.
18         (19)  To monitor issues relating to communications
19  facilities and services before the Florida Public Service
20  Commission and, when necessary, prepare position papers,
21  prepare testimony, appear as a witness, and retain witnesses
22  on behalf of state agencies in proceedings before the
23  commission.
24         (20)  Unless delegated to the agencies by the Chief
25  Information Officer, to manage and control, but not intercept
26  or interpret, communications within the SUNCOM Network by:
27         (a)  Establishing technical standards to physically
28  interface with the SUNCOM Network.
29         (b)  Specifying how communications are transmitted
30  within the SUNCOM Network.
31
                                  33
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (c)  Controlling the routing of communications within
  2  the SUNCOM Network.
  3         (d)  Establishing standards, policies, and procedures
  4  for access to the SUNCOM Network.
  5         (e)  Ensuring orderly and reliable communications
  6  services in accordance with the standards and policies of all
  7  state agencies and the service level agreements executed with
  8  state agencies.
  9         (21)  To plan, design, and conduct experiments for
10  information technology services, equipment, and technologies,
11  and to implement enhancements in the state information
12  technology system when in the public interest and
13  cost-effective.  Funding for such experiments shall be derived
14  from SUNCOM Network service revenues and shall not exceed 2
15  percent of the annual budget for the SUNCOM Network for any
16  fiscal year or as provided in the General Appropriations Act
17  for fiscal year 2000-2001.  New services offered as a result
18  of this subsection shall not affect existing rates for
19  facilities or services.
20         (22)  To enter into contracts or agreements, with or
21  without competitive bidding or procurement, to make available,
22  on a fair, reasonable, and nondiscriminatory basis, property
23  and other structures under office control for the placement of
24  new facilities by any wireless provider of mobile service as
25  defined in 47 U.S.C. s. 153(n) or s. 332(d) and any
26  telecommunications company as defined in s. 364.02 when it is
27  determined to be practical and feasible to make such property
28  or other structures available. The office may, without
29  adopting a rule, charge a just, reasonable, and
30  nondiscriminatory fee for the placement of the facilities,
31  payable annually, based on the fair market value of space used
                                  34
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  by comparable communications facilities in the state. The
  2  office and a wireless provider or telecommunications company
  3  may negotiate the reduction or elimination of a fee in
  4  consideration of services provided to the office by the
  5  wireless provider or telecommunications company. All such fees
  6  collected by the office shall be deposited directly into the
  7  State Agency Law Enforcement Radio Operating System Trust
  8  Fund, and may be used by the office to construct, maintain, or
  9  support the system.
10         (23)  To provide an integrated electronic system for
11  deploying government products, services, and information to
12  individuals and businesses.
13         (a)  The integrated electronic system shall reflect
14  cost-effective deployment strategies in keeping with industry
15  standards and practices, including protections and of security
16  of private information as well as maintenance of public
17  records.
18         (b)  The office shall provide a method for assessing
19  fiscal accountability for the integrated electronic system and
20  shall establish the organizational structure required to
21  implement this system.
22         (24)  To provide administrative support to the Agency
23  Chief Information Officers Council and other workgroups
24  created by the Chief Information Officer.
25         (25)  To facilitate state information technology
26  education and training for senior management and other agency
27  staff.
28         (26)  To prepare, on behalf of the Executive Office of
29  the Governor, memoranda on recommended guidelines and best
30  practices for information resources management, when
31  requested.
                                  35
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (27)  To prepare, publish, and disseminate the State
  2  Annual Report on Enterprise Resource Planning and Management
  3  under s. 282.310.
  4         (28)  To study and make a recommendation to the
  5  Governor and Legislature on the feasibility of implementing
  6  online voting in this state.
  7         (29)  To facilitate the development of a network access
  8  point in this state, as needed.
  9         (30)  To designate a State Chief Privacy Officer who
10  shall be responsible for the continual review of policies,
11  laws, rules, and practices of state agencies which may affect
12  the privacy concerns of state residents.
13         Section 12.  Section 282.103, Florida Statutes, is
14  amended to read:
15         282.103  SUNCOM Network; exemptions from the required
16  use.--
17         (1)  There is created within the State Technology
18  Office of the Department of Management Services the SUNCOM
19  Network which shall be developed to serve as the state
20  communications system for providing local and long-distance
21  communications services to state agencies, political
22  subdivisions of the state, municipalities, and nonprofit
23  corporations pursuant to ss. 282.101-282.111. The SUNCOM
24  Network shall be developed to transmit all types of
25  communications signals, including, but not limited to, voice,
26  data, video, image, and radio. State agencies shall cooperate
27  and assist in the development and joint use of communications
28  systems and services.
29         (2)  The State Technology Office of the Department of
30  Management Services shall design, engineer, implement, manage,
31  and operate through state ownership, commercial leasing, or
                                  36
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  some combination thereof, the facilities and equipment
  2  providing SUNCOM Network services, and shall develop a system
  3  of equitable billings and charges for communication services.
  4         (3)  All state agencies are required to use the SUNCOM
  5  Network for agency communications services as the services
  6  become available; however, no agency is relieved of
  7  responsibility for maintaining communications services
  8  necessary for effective management of its programs and
  9  functions.  If a SUNCOM Network service does not meet the
10  communications requirements of an agency, the agency shall
11  notify the State Technology Office of the Department of
12  Management Services in writing and detail the requirements for
13  that communications service.  If the office is unable to meet
14  an agency's requirements by enhancing SUNCOM Network service,
15  the office may shall grant the agency an exemption from the
16  required use of specified SUNCOM Network services.
17         Section 13.  Section 282.104, Florida Statutes, is
18  amended to read:
19         282.104  Use of state SUNCOM Network by
20  municipalities.--Any municipality may request the State
21  Technology Office of the Department of Management Services to
22  provide any or all of the SUNCOM Network's portfolio of
23  communications services upon such terms and under such
24  conditions as the office department may establish. The
25  requesting municipality shall pay its share of installation
26  and recurring costs according to the published rates for
27  SUNCOM Network services and as invoiced by the office. Such
28  municipality shall also pay for any requested modifications to
29  existing SUNCOM Network services, if any charges apply.
30         Section 14.  Subsection (1) of section 282.105, Florida
31  Statutes, is amended to read:
                                  37
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         282.105  Use of state SUNCOM Network by nonprofit
  2  corporations.--
  3         (1)  The State Technology Office of the Department of
  4  Management Services shall provide a means whereby private
  5  nonprofit corporations under contract with state agencies or
  6  political subdivisions of the state may use the state SUNCOM
  7  Network, subject to the limitations in this section.  In order
  8  to qualify to use the state SUNCOM Network, a nonprofit
  9  corporation shall:
10         (a)  Expend the majority of its total direct revenues
11  for the provision of contractual services to the state, a
12  municipality, or a political subdivision of the state; and
13         (b)  Receive only a small portion of its total revenues
14  from any source other than a state agency, a municipality, or
15  a political subdivision of the state during the period of time
16  SUNCOM Network services are requested.
17         Section 15.  Section 282.106, Florida Statutes, is
18  amended to read:
19         282.106  Use of SUNCOM Network by libraries.--The State
20  Technology Office of the Department of Management Services may
21  provide SUNCOM Network services to any library in the state,
22  including libraries in public schools, community colleges, the
23  State University System, and nonprofit private postsecondary
24  educational institutions, and libraries owned and operated by
25  municipalities and political subdivisions.
26         Section 16.  Subsection (1), paragraphs (f) and (g) of
27  subsection (2), and subsections (3), (4), and (5) of section
28  282.1095, Florida Statutes, are amended to read:
29         282.1095  State agency law enforcement radio system.--
30         (1)  The State Technology Office of the Department of
31  Management Services may acquire and implement a statewide
                                  38
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  radio communications system to serve law enforcement units of
  2  state agencies, and to serve local law enforcement agencies
  3  through a mutual aid channel. The Joint Task Force on State
  4  Agency Law Enforcement Communications is established in the
  5  State Technology Office of the Department of Management
  6  Services to advise the office of member-agency needs for the
  7  planning, designing, and establishment of the joint system.
  8  The State Agency Law Enforcement Radio System Trust Fund is
  9  established in the State Technology Office of the Department
10  of Management Services. The trust fund shall be funded from
11  surcharges collected under ss. 320.0802 and 328.72.
12         (2)
13         (f)  The State Technology Office of the Department of
14  Management Services is hereby authorized to rent or lease
15  space on any tower under its control. The office may also
16  rent, lease, or sublease ground space as necessary to locate
17  equipment to support antennae on the towers.  The costs for
18  use of such space shall be established by the office for each
19  site, when it is determined to be practicable and feasible to
20  make space available. The office may refuse to lease space on
21  any tower at any site.  All moneys collected by the office for
22  such rents, leases, and subleases shall be deposited directly
23  into the State Agency Law Enforcement Radio Operating System
24  Trust Fund and may be used by the office to construct,
25  maintain, or support the system.
26         (g)  The State Technology Office of the Department of
27  Management Services is hereby authorized to rent, lease, or
28  sublease ground space on lands acquired by the office for the
29  construction of privately owned or publicly owned towers. The
30  office may, as a part of such rental, lease, or sublease
31  agreement, require space on said tower or towers for antennae
                                  39
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  as may be necessary for the construction and operation of the
  2  state agency law enforcement radio system or any other state
  3  need. The positions necessary for the office to accomplish its
  4  duties under this paragraph and paragraph (f) shall be
  5  established in the General Appropriations Act and shall be
  6  funded by the State Agency Law Enforcement Radio Operating
  7  System Trust Fund.
  8         (3)  Upon appropriation, moneys in the trust fund may
  9  be used by the office to acquire by competitive procurement
10  the equipment; software; and engineering, administrative, and
11  maintenance services it needs to construct, operate, and
12  maintain the statewide radio system.  Moneys in the trust fund
13  collected as a result of the surcharges set forth in ss.
14  320.0802 and 328.72 shall be used to help fund the costs of
15  the system.  Upon completion of the system, moneys in the
16  trust fund may also be used by the office to provide for
17  payment of the recurring maintenance costs of the system.
18  Moneys in the trust fund may be appropriated to maintain and
19  enhance, over and above existing agency budgets, existing
20  radio equipment systems of the state agencies represented by
21  the task force members, in an amount not to exceed 10 percent
22  per year per agency, of the existing radio equipment inventory
23  until the existing radio equipment can be replaced pursuant to
24  implementation of the statewide radio communications system.
25         (4)(a)  The office joint task force shall establish
26  policies, procedures, and standards which shall be
27  incorporated into a comprehensive management plan for the use
28  and operation of the statewide radio communications system.
29         (b)  The joint task force, in consultation with the
30  office, shall have the authority to permit other state
31
                                  40
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  agencies to use the communications system, under terms and
  2  conditions established by the joint task force.
  3         (5)(a)  The State Technology office of the Department
  4  of Management Services shall provide technical support to the
  5  joint task force and shall bear the overall responsibility for
  6  the design, engineering, acquisition, and implementation of
  7  the statewide radio communications system and for ensuring the
  8  proper operation and maintenance of all system common
  9  equipment.
10         (b)  The positions necessary for the office to
11  accomplish its duties under this section shall be established
12  through the budgetary process and shall be funded by the State
13  Agency Law Enforcement Radio System Trust Fund.
14         Section 17.  Section 282.111, Florida Statutes, is
15  amended to read:
16         282.111  Statewide system of regional law enforcement
17  communications.--
18         (1)  It is the intent and purpose of the Legislature
19  that a statewide system of regional law enforcement
20  communications be developed whereby maximum efficiency in the
21  use of existing radio channels is achieved in order to deal
22  more effectively with the apprehension of criminals and the
23  prevention of crime generally.  To this end, all law
24  enforcement agencies within the state are directed to provide
25  the State Technology Office of the Department of Management
26  Services with any information the office requests for the
27  purpose of implementing the provisions of subsection (2).
28         (2)  The State Technology Office of the Department of
29  Management Services is hereby authorized and directed to
30  develop and maintain a statewide system of regional law
31  enforcement communications.  In formulating such a system, the
                                  41
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  office shall divide the state into appropriate regions and
  2  shall develop a program which shall include, but not be
  3  limited to, the following provisions:
  4         (a)  The communications requirements for each county
  5  and municipality comprising the region.
  6         (b)  An interagency communications provision which
  7  shall depict the communication interfaces between municipal,
  8  county, and state law enforcement entities which operate
  9  within the region.
10         (c)  Frequency allocation and use provision which shall
11  include, on an entity basis, each assigned and planned radio
12  channel and the type of operation, simplex, duplex, or
13  half-duplex, on each channel.
14         (3)  The office shall adopt any necessary rules and
15  regulations for implementing and coordinating the statewide
16  system of regional law enforcement communications.
17         (4)  The Chief Information Officer of the State
18  Technology Office or his or her designee is designated as the
19  director of the statewide system of regional law enforcement
20  communications and, for the purpose of carrying out the
21  provisions of this section, is authorized to coordinate the
22  activities of the system with other interested state agencies
23  and local law enforcement agencies.
24         (5)  No law enforcement communications system shall be
25  established or present system expanded without the prior
26  approval of the State Technology Office of the Department of
27  Management Services.
28         (6)  Within the limits of its capability, the
29  Department of Law Enforcement is encouraged to lend assistance
30  to the State Technology Office of the Department of Management
31  Services in the development of the statewide system of
                                  42
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  regional law enforcement communications proposed by this
  2  section.
  3         Section 18.  Section 282.20, Florida Statutes, is
  4  amended to read:
  5         282.20  Technology Resource Center.--
  6         (1)(a)  The State Technology Office of the Department
  7  of Management Services shall operate and manage the Technology
  8  Resource Center.
  9         (b)  For the purposes of this section, the term:
10         1.  "Office" means the State Technology Office of the
11  Department of Management Services.
12         1.2.  "Information-system utility" means a full-service
13  information-processing facility offering hardware, software,
14  operations, integration, networking, and consulting services.
15         2.3.  "Customer" means a state agency or other entity
16  which is authorized to utilize the SUNCOM Network pursuant to
17  this part.
18         (2)  The Technology Resource Center shall:
19         (a)  Serve the office and other customers as an
20  information-system utility.
21         (b)  Cooperate with customers to offer, develop, and
22  support a wide range of services and applications needed by
23  users of the Technology Resource Center.
24         (c)  Cooperate with the Florida Legal Resource Center
25  of the Department of Legal Affairs and other state agencies to
26  develop and provide access to repositories of legal
27  information throughout the state.
28         (d)  Cooperate with the office to facilitate
29  interdepartmental networking and integration of network
30  services for its customers.
31
                                  43
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (e)  Assist customers in testing and evaluating new and
  2  emerging technologies that could be used to meet the needs of
  3  the state.
  4         (3)  The office may contract with customers to provide
  5  any combination of services necessary for agencies to fulfill
  6  their responsibilities and to serve their users.
  7         (4)  Acceptance of any new customer other than a state
  8  agency which is expected to pay during the initial 12 months
  9  of use more than 5 percent of the previous year's revenues of
10  the Technology Resource Center shall be contingent upon
11  approval of the Office of Planning and Budgeting in a manner
12  similar to the budget amendment process in s. 216.181.
13         (4)(5)  The Technology Resource Center may plan,
14  design, establish pilot projects for, and conduct experiments
15  with information technology resources, and may implement
16  enhancements in services when such implementation is
17  cost-effective. Funding for experiments and pilot projects
18  shall be derived from service revenues and may not exceed 5
19  percent of the service revenues for the Technology Resource
20  Center for any single fiscal year. Any experiment, pilot
21  project, plan, or design must be approved by the Chief
22  Information Officer of the State Technology Office.
23         (5)(6)  Notwithstanding the provisions of s. 216.272,
24  the Technology Resource Center may spend the funds in the
25  reserve account of the Technology Enterprise Operating Trust
26  Fund its working capital trust fund for enhancements to center
27  operations or for information technology resources. Any
28  expenditure of reserve account funds must be approved by the
29  Chief Information Officer of the State Technology Office. Any
30  funds remaining in the reserve account at the end of the
31  fiscal year may be carried forward and spent as approved by
                                  44
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  the Chief Information Officer of the State Technology Office,
  2  provided that such approval conforms to any applicable
  3  provisions of chapter 216.
  4         Section 19.  Section 282.21, Florida Statutes, is
  5  amended to read:
  6         282.21  The State Technology Office's Office of the
  7  Department of Management Services' electronic access
  8  services.--The State Technology Office of the Department of
  9  Management Services may collect fees for providing remote
10  electronic access pursuant to s. 119.085. The fees may be
11  imposed on individual transactions or as a fixed subscription
12  for a designated period of time.  All fees collected under
13  this section shall be deposited in the appropriate trust fund
14  of the program or activity that made the remote electronic
15  access available.
16         Section 20.  Subsections (1) and (2) of section 282.22,
17  Florida Statutes, are amended to read:
18         282.22  The State Technology Office; of the Department
19  of Management Services production, and dissemination, and
20  ownership of materials and products.--
21         (1)  It is the intent of the Legislature that when
22  materials, products, information, and services are acquired
23  collected or developed by or under the direction of the State
24  Technology Office of the Department of Management Services,
25  through research and development or other efforts, including
26  those subject to copyright, patent, or trademark, they shall
27  be made available for use by state and local government
28  entities at the earliest practicable date and in the most
29  economical and efficient manner possible and consistent with
30  chapter 119.
31
                                  45
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (2)  To accomplish this objective the office is
  2  authorized to publish or partner with private sector entities
  3  to produce or have produced materials and products and to make
  4  them readily available for appropriate use. The office is
  5  authorized to charge an amount or receive value-added services
  6  adequate to cover the essential cost of producing and
  7  disseminating such materials, information, services, or
  8  products and is authorized to sell services, when appropriate,
  9  to any entity who is authorized to use the SUNCOM Network
10  pursuant to this part and to the public.
11         Section 21.  Section 282.23, Florida Statutes, is
12  created to read:
13         282.23  State Strategic Information Technology
14  Alliance.--
15         (1)  The State Technology Office, in consultation with
16  the Department of Management Services, may establish a State
17  Strategic Information Technology Alliance for the acquisition
18  and use of information technology and related material in
19  accordance with competitive procurement provisions of chapter
20  287.
21         (2)  The State Technology Office, in consultation with
22  the Department of Management Services, shall adopt rules
23  implementing policies and procedures applicable to
24  establishing the strategic alliances with prequalified
25  contractors or partners to provide the state with efficient,
26  cost-effective, and advanced information technology.
27         Section 22.  Section 282.3041, Florida Statutes, is
28  repealed:
29         282.3041  State agency responsibilities.--The head of
30  each state agency, in consultation with the State Technology
31  Office, is responsible and accountable for enterprise resource
                                  46
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  planning and management within the agency in accordance with
  2  legislative intent and as defined in this part.
  3         Section 23.  Section 282.3055, Florida Statutes, is
  4  amended to read:
  5         282.3055  Agency Chief Information Officer;
  6  appointment; duties.--
  7         (1)(a)  To assist the State Technology Officer agency
  8  head in carrying out the enterprise resource planning and
  9  management responsibilities, the Chief Information Officer may
10  agency head shall appoint, in consultation with the State
11  Technology Office, or contract for an Agency a Chief
12  Information Officer at a level commensurate with the role and
13  importance of information technology resources in the agency.
14  This position may be full time or part time.
15         (b)  The Agency Chief Information Officer must, at a
16  minimum, have knowledge and experience in both management and
17  information technology resources.
18         (2)  The duties of the Agency Chief Information Officer
19  include, but are not limited to:
20         (a)  Coordinating and facilitating agency enterprise
21  resource planning and management projects and initiatives.
22         (b)  Preparing an agency annual report on enterprise
23  resource planning and management pursuant to s. 282.3063.
24         (c)  Developing and implementing agency enterprise
25  resource planning and management policies, procedures, and
26  standards, including specific policies and procedures for
27  review and approval of the agency's purchases of information
28  technology resources in accordance with the office's policies
29  and procedures.
30
31
                                  47
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (d)  Advising agency senior management as to the
  2  enterprise resource planning and management needs of the
  3  agency for inclusion in planning documents required by law.
  4         (e)  Assisting in the development and prioritization of
  5  the enterprise resource planning and management schedule of
  6  the agency's legislative budget request.
  7         Section 24.  Subsection (1) of section 282.3063,
  8  Florida Statutes, is amended to read:
  9         282.3063  Agency Annual Enterprise Resource Planning
10  and Management Report.--
11         (1)  By September 1 of each year, and for the State
12  University System within 90 days after completion of the
13  expenditure analysis developed pursuant to s. 240.271(4), each
14  Agency Chief Information Officer shall prepare and submit to
15  the State Technology Office an Agency Annual Enterprise
16  Resource Planning and Management Report.  Following
17  consultation with the State Technology Office and the Agency
18  Chief Information Officers Council, the Executive Office of
19  the Governor and the fiscal committees of the Legislature
20  shall jointly develop and issue instructions for the format
21  and contents of the report.
22         Section 25.  Subsections (1) and (2) of section
23  282.315, Florida Statutes, are amended to read:
24         282.315  Agency Chief Information Officers Council;
25  creation.--The Legislature finds that enhancing communication,
26  consensus building, coordination, and facilitation of
27  statewide enterprise resource planning and management issues
28  is essential to improving state management of such resources.
29         (1)  There is created an Agency a Chief Information
30  Officers Council to:
31
                                  48
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         (a)  Enhance communication among the Agency Chief
  2  Information Officers of state agencies by sharing enterprise
  3  resource planning and management experiences and exchanging
  4  ideas.
  5         (b)  Facilitate the sharing of best practices that are
  6  characteristic of highly successful technology organizations,
  7  as well as exemplary information technology applications of
  8  state agencies.
  9         (c)  Identify efficiency opportunities among state
10  agencies.
11         (d)  Serve as an educational forum for enterprise
12  resource planning and management issues.
13         (e)  Assist the State Technology Office in identifying
14  critical statewide issues and, when appropriate, make
15  recommendations for solving enterprise resource planning and
16  management deficiencies.
17         (2)  Members of the council shall include the Agency
18  Chief Information Officers of all state agencies, including
19  the Chief Information Officers of the agencies and
20  governmental entities enumerated in s. 282.3031, except that
21  there shall be one Chief Information Officer selected by the
22  state attorneys and one Chief Information Officer selected by
23  the public defenders. The chairs, or their designees, of the
24  Geographic Information Board, the Florida Financial Management
25  Information System Coordinating Council, the Criminal and
26  Juvenile Justice Information Systems Council, and the Health
27  Information Systems Council shall represent their respective
28  organizations on the Chief Information Officers Council as
29  voting members.
30         Section 26.  Subsection (2) of section 282.318, Florida
31  Statutes, is amended to read:
                                  49
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         282.318  Security of data and information technology
  2  resources.--
  3         (2)(a)  Each agency head, in consultation with The
  4  State Technology Office, in consultation with each agency
  5  head, is responsible and accountable for assuring an adequate
  6  level of security for all data and information technology
  7  resources of each the agency and, to carry out this
  8  responsibility, shall, at a minimum:
  9         1.  Designate an information security manager who shall
10  administer the security program of each the agency for its
11  data and information technology resources.
12         2.  Conduct, and periodically update, a comprehensive
13  risk analysis to determine the security threats to the data
14  and information technology resources of each the agency.  The
15  risk analysis information is confidential and exempt from the
16  provisions of s. 119.07(1), except that such information shall
17  be available to the Auditor General in performing his or her
18  postauditing duties.
19         3.  Develop, and periodically update, written internal
20  policies and procedures to assure the security of the data and
21  information technology resources of each the agency.  The
22  internal policies and procedures which, if disclosed, could
23  facilitate the unauthorized modification, disclosure, or
24  destruction of data or information technology resources are
25  confidential information and exempt from the provisions of s.
26  119.07(1), except that such information shall be available to
27  the Auditor General in performing his or her postauditing
28  duties.
29         4.  Implement appropriate cost-effective safeguards to
30  reduce, eliminate, or recover from the identified risks to the
31  data and information technology resources of each the agency.
                                  50
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         5.  Ensure that periodic internal audits and
  2  evaluations of each the security program for the data and
  3  information technology resources of the agency are conducted.
  4  The results of such internal audits and evaluations are
  5  confidential information and exempt from the provisions of s.
  6  119.07(1), except that such information shall be available to
  7  the Auditor General in performing his or her postauditing
  8  duties.
  9         6.  Include appropriate security requirements, as
10  determined by the State Technology Office, in consultation
11  with each agency head, in the written specifications for the
12  solicitation of information technology resources.
13         (b)  In those instances in which the State Technology
14  Office of the Department of Management Services develops state
15  contracts for use by state agencies, the office department
16  shall include appropriate security requirements in the
17  specifications for the solicitation for state contracts for
18  procuring information technology resources.
19         Section 27.  282.322  Special monitoring process for
20  designated information resources management projects.--
21         (1)For each information resources management project
22  which is designated for special monitoring in the General
23  Appropriations Act, with a proviso requiring a contract with a
24  project monitor, the Technology Review Workgroup established
25  pursuant to s. 216.0446, in consultation with each affected
26  agency, shall be responsible for contracting with the project
27  monitor. Upon contract award, funds equal to the contract
28  amount shall be transferred to the Technology Review Workgroup
29  upon request and subsequent approval of a budget amendment
30  pursuant to s. 216.292. With the concurrence of the
31  Legislative Auditing Committee, the office of the Auditor
                                  51
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  General shall be the project monitor for other projects
  2  designated for special monitoring. However, nothing in this
  3  section precludes the Auditor General from conducting such
  4  monitoring on any project designated for special monitoring.
  5  In addition to monitoring and reporting on significant
  6  communications between a contracting agency and the
  7  appropriate federal authorities, the project monitoring
  8  process shall consist of evaluating each major stage of the
  9  designated project to determine whether the deliverables have
10  been satisfied and to assess the level of risks associated
11  with proceeding to the next stage of the project. The major
12  stages of each designated project shall be determined based on
13  the agency's information systems development methodology.
14  Within 20 days after an agency has completed a major stage of
15  its designated project or at least 90 days, the project
16  monitor shall issue a written report, including the findings
17  and recommendations for correcting deficiencies, to the agency
18  head, for review and comment. Within 20 days after receipt of
19  the project monitor's report, the agency head shall submit a
20  written statement of explanation or rebuttal concerning the
21  findings and recommendations of the project monitor, including
22  any corrective action to be taken by the agency. The project
23  monitor shall include the agency's statement in its final
24  report, which shall be forwarded, within 7 days after receipt
25  of the agency's statement, to the agency head, the inspector
26  general's office of the agency, the Executive Office of the
27  Governor, the appropriations committees of the Legislature,
28  the Joint Legislative Auditing Committee, the Technology
29  Review Workgroup, the President of the Senate, the Speaker of
30  the House of Representatives, and the Office of Program Policy
31  Analysis and Government Accountability. The Auditor General
                                  52
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  shall also receive a copy of the project monitor's report for
  2  those projects in which the Auditor General is not the project
  3  monitor.
  4         (2)  The Enterprise Project Management Office of the
  5  State Technology Office shall report any information
  6  technology projects the office identifies as high-risk to the
  7  Executive Office of the Governor, the President of the Senate,
  8  the Speaker of the House of Representatives, and the chairs of
  9  the appropriations committees.  Within the limits of current
10  appropriations, the Enterprise Project Management Office shall
11  monitor and report on such high-risk information technology
12  projects, and assess the levels of risks associated with
13  proceeding to the next stage of the project.
14         Section 28.  Paragraph (f) of subsection (2) of section
15  216.163, Florida Statutes, is amended to read:
16         216.163  Governor's recommended budget; form and
17  content; declaration of collective bargaining impasses.--
18         (2)  The Governor's recommended budget shall also
19  include:
20         (f)  The Governor's recommendations for high-risk
21  critical information technology resource management projects
22  which should be subject to special monitoring under s.
23  282.322. These recommendations shall include proviso language
24  which specifies whether funds are specifically provided to
25  contract for project monitoring, or whether the Auditor
26  General will conduct such project monitoring. When funds are
27  recommended for contracting with a project monitor, such funds
28  may equal 1 percent to 5 percent of the project's estimated
29  total costs. These funds shall be specifically appropriated
30  and nonrecurring.
31
                                  53
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1         Section 29.  Paragraph (b) of subsection (1) and
  2  paragraph (o) of subsection (3) of section 119.07, Florida
  3  Statutes, are amended to read:
  4         119.07  Inspection, examination, and duplication of
  5  records; exemptions.--
  6         (1)
  7         (b)  If the nature or volume of public records
  8  requested to be inspected, examined, or copied pursuant to
  9  this subsection is such as to require extensive use of
10  information technology resources or extensive clerical or
11  supervisory assistance by personnel of the agency involved, or
12  both, the agency may charge, in addition to the actual cost of
13  duplication, a special service charge, which shall be
14  reasonable and shall be based on the cost incurred for such
15  extensive use of information technology resources or the labor
16  cost of the personnel providing the service that is actually
17  incurred by the agency or attributable to the agency for the
18  clerical and supervisory assistance required, or both.
19  "Information technology resources" means data processing
20  hardware and software and services, communications, supplies,
21  personnel, facility resources, maintenance, and training shall
22  have the same meaning as in s. 282.303(12).
23         (3)
24         (o)  Data processing software obtained by an agency
25  under a licensing agreement which prohibits its disclosure and
26  which software is a trade secret, as defined in s. 812.081,
27  and agency-produced data processing software which is
28  sensitive are exempt from the provisions of subsection (1) and
29  s. 24(a), Art. I of the State Constitution.  The designation
30  of agency-produced software as sensitive shall not prohibit an
31
                                  54
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  agency head from sharing or exchanging such software with
  2  another public agency.  As used in this paragraph:
  3         1.  "Data processing software" means the programs and
  4  routines used to employ and control the capabilities of data
  5  processing hardware, including, but not limited to, operating
  6  systems, compilers, assemblers, utilities, library routines,
  7  maintenance routines, applications, and computer networking
  8  programs has the same meaning as in s. 282.303(7).
  9         2.  "Sensitive" means only those portions of data
10  processing software, including the specifications and
11  documentation, used to:
12         a.  Collect, process, store, and retrieve information
13  which is exempt from the provisions of subsection (1);
14         b.  Collect, process, store, and retrieve financial
15  management information of the agency, such as payroll and
16  accounting records; or
17         c.  Control and direct access authorizations and
18  security measures for automated systems.
19         Section 30.  Paragraph (b) of subsection (1) of section
20  119.083, Florida Statutes, is amended to read:
21         119.083  Definitions; copyright of data processing
22  software created by governmental agencies; fees; prohibited
23  contracts.--
24         (1)  As used in this section:
25         (b)  "Data processing software" has the same meaning as
26  in s. 119.07(3)(o) 282.303.
27         Section 31.  (1)  Each state agency that entered into a
28  memorandum of agreement with the State Technology Office by
29  March 15, 2001, regarding consolidation of information
30  technology resources and staff, shall transfer the positions
31  identified in the memoranda and the associated rate and the
                                  55
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  amount of approved budget to the State Technology Office on
  2  October 1, 2001.  The total number of positions transferred to
  3  the State Technology Office shall not exceed 1,760 full-time
  4  positions. Such transfers shall be subject to approval by the
  5  Legislative Budget Commission pursuant to chapter 216, Florida
  6  Statutes.
  7         (2)  Each state agency required to transfer positions
  8  pursuant to subsection (1) shall also transfer administrative
  9  support personnel and associated rate and the amount of
10  approved budget to the State Technology Office. The number of
11  administrative support positions transferred by each agency
12  shall not exceed 5 percent of the number of positions
13  transferred pursuant to subsection (1).  Such transfers shall
14  take effect July 15, 2001.  Such transfers shall be subject to
15  approval by the Legislative Budget Commission pursuant to
16  chapter 216, Florida Statutes.
17         (3)  The State Technology Office and the individual
18  agencies may request subsequent transfers of full-time
19  positions and associated rate and funds during the fiscal year
20  to meet the levels of service agreed to between the State
21  Technology Office and the agencies.  Such transfers shall be
22  subject to approval by the Legislative Budget Commission
23  pursuant to chapter 216, Florida Statutes.
24         (4)  The State Technology Office is authorized to
25  charge back to each participating agency an amount equal to
26  the total of all direct and indirect costs of administering
27  the agreement with the agency and the total of all direct and
28  indirect costs of rendering the performances required of the
29  State Technology Office under such agreements.
30         (5)  Any resources transferred to the State Technology
31  Office which were dedicated to a federally funded system shall
                                  56
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 1811, First Engrossed
  1  remain allocated to that system until the appropriate federal
  2  agency or authority confirms in writing that another plan for
  3  supporting the system will not result in federal sanctions.
  4         (6)  The corresponding amounts necessary to execute
  5  subsections (1)-(3) are appropriated to the state agencies for
  6  transfer to the State Technology Office.  Such amounts and
  7  specific funds shall be equivalent to the amount of approved
  8  budget reduced from state agencies in subsections (1)-(3),
  9  subject to approval by the Legislative Budget Commission.
10         Section 32.  Section 282.404, Florida Statutes, is
11  repealed.
12         Section 33.  Subsection (6) of Section 11.90, Florida
13  Statutes, is created to read:
14         (6)  The Commission shall review information resources
15  management needs identified in agency long-range program plans
16  for consistency with the State Annual Report on Enterprise
17  Resource Planning and Management and statewide policies
18  adopted by the State Technology Office.  The Commission shall
19  also review proposed budget amendments associated with
20  information technology that involve more than one agency, that
21  have an outcome that impacts another agency, or that exceed
22  $500,000 in total cost over 1-year period.
23         Section 34.  This act shall take effect July 1, 2001.
24
25
26
27
28
29
30
31
                                  57
CODING: Words stricken are deletions; words underlined are additions.