House Bill hb1811e1

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                                          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;


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                                          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


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                                          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,


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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.


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                                          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


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                                          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


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                                          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


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                                          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.


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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:


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                                          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


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                                          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


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                                          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.


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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.

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                                          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.

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                                          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,


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                                          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.

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                                          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


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                                          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.


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                                          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


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                                          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:


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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:


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                                          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.


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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

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