House Bill hb1811er

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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



  1

  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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    ENROLLED

    2001 Legislature                     HB 1811, Second 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; providing that the Technology Review

10         Workgroup and the State Technology Office shall

11         independently review specified long-range

12         program plans and make recommendations with

13         respect thereto; providing reporting

14         requirements; revising powers and duties of the

15         Technology Review Workgroup; amending s.

16         216.181, F.S.; relating to approved budgets for

17         operations and fixed capital outlay; providing

18         requirements with respect to an amendment to

19         the original operating budget for specified

20         information technology projects or initiatives;

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

22         specified responsibilities with respect to the

23         Innovation Investment Program Act from the

24         Department of Management Services to the Office

25         of Tourism, Trade, and Economic Development

26         within the Executive Office of the Governor;

27         revising the membership of the State Innovation

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

29         authorizing state agencies to transfer

30         positions and appropriations for fiscal year

31         2001-2002 for the purpose of consolidating


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



  1         information technology resources to the State

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

  3         revising legislative findings and intent with

  4         respect to the Information Resources Management

  5         Act of 1997; providing that the State

  6         Technology Office has primary responsibility

  7         and accountability for information technology

  8         matters within the state; providing that the

  9         office shall take no action with respect to

10         specified information technology and

11         information technology personnel deemed

12         necessary by cabinet officers; amending and

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

14         definitions; defining "information technology";

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

16         duties of the State Technology Office;

17         providing that the office shall be a separate

18         budget entity within the Department of

19         Management Services; providing that the Chief

20         Information Officer shall be considered an

21         agency head; providing for administrative

22         support and service from Department of

23         Management Services; authorizing the office to

24         perform, in consultation with a state agency,

25         the enterprise resource planning and management

26         for the agency; authorizing the office to apply

27         for, receive, and hold specified patents,

28         copyrights, trademarks, and service marks;

29         authorizing the office to purchase, lease,

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

31         specified real, personal, and intellectual


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



  1         property; providing for deposit of specified

  2         fees in the Law Enforcement Radio Operating

  3         Trust Fund; providing for a State Chief Privacy

  4         Officer; amending s. 282.103, F.S., to conform;

  5         authorizing the State Technology Office to

  6         grant an agency exemption from required use of

  7         specified SUNCOM Network services; amending s.

  8         282.104, F.S., to conform; amending s. 282.105,

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

10         conform; amending s. 282.1095, F.S., relating

11         to the state agency law enforcement radio

12         system; providing conforming amendments;

13         renaming the State Agency Law Enforcement Radio

14         System Trust Fund as the Law Enforcement Radio

15         Operating Trust Fund; requiring the office to

16         establish policies, procedures, and standards

17         for a comprehensive plan for a statewide radio

18         communications system; eliminating provisions

19         relating to establishment and funding of

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

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

22         to the Technology Resource Center; providing

23         conforming amendments; removing provisions

24         relating to the acceptance of new customers by

25         the center; authorizing the center to spend

26         funds in the reserve account of the Technology

27         Enterprise Operating Trust Fund; amending s.

28         282.21, F.S., to conform; amending s. 282.22,

29         F.S.; revising terminology; removing specified

30         restrictions on the office's authority to sell

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


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



  1         the State Technology Office, in consultation

  2         with the Department of Management Services, to

  3         establish a State Strategic Information

  4         Technology Alliance; providing purposes of the

  5         alliance; providing for the establishment of

  6         policies and procedures; repealing s. 282.3041,

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

  8         state agency is responsible and accountable for

  9         enterprise resource planning and management

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

11         authorizing the Chief Information Officer to

12         appoint or contract for Agency Chief

13         Information Officers to assist in carrying out

14         enterprise resource planning and management

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

16         requiring Agency Chief Information Officers to

17         prepare and submit an Agency Annual Enterprise

18         Resource Planning and Management Report;

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

20         Information Officers Council as the Agency

21         Chief Information Officers Council; revising

22         the voting membership of the council; amending

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

24         s. 282.322, F.S.; requiring the Enterprise

25         Project Management Office of the State

26         Technology Office to report on, monitor, and

27         assess risk levels of specified high-risk

28         technology projects; amending s. 216.163, F.S.;

29         providing that the Governor's recommended

30         budget shall include recommendations for

31         specified high-risk information technology


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



  1         projects; amending s. 119.07, F.S.; defining

  2         "information technology resources" and "data

  3         processing software"; amending ss. 119.083,

  4         F.S.; correcting cross references; requiring

  5         certain state agencies to transfer described

  6         positions and administrative support personnel

  7         to the State Technology Office by specified

  8         dates; providing limits on the number of

  9         positions and administrative support personnel

10         transferred; providing that the State

11         Technology Office and the relevant agencies are

12         authorized to request subsequent transfers of

13         positions, subject to approval by the

14         Legislative Budget Commission; providing

15         requirements with respect to transferred

16         resources which were dedicated to a federally

17         funded system; providing appropriations;

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

19         Florida Geographic Information Board within the

20         State Technology Office; amending s. 11.90,

21         F.S.; requiring the Legislative Budgeting

22         Commission to review specified information

23         resources management needs, State Technology

24         Office policies, and specified budget

25         amendments; providing an effective date.

26

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

28

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

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

31  to read:


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



  1         20.22  Department of Management Services.--There is

  2  created a Department of Management Services.

  3         (2)  The following divisions and programs within the

  4  Department of Management Services are established:

  5         (b)  State Technology Office Information Technology

  6  Program.

  7         (3)  The State Technology Office Information Technology

  8  Program shall operate and manage the Technology Resource

  9  Center.

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

11  Statutes, is amended to read:

12         110.205  Career service; exemptions.--

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

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

15  no position, except for positions established for a limited

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

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

18  service:

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

20  popular vote and persons appointed to fill vacancies in such

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

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

23  department shall be set by the department in accordance with

24  the rules of the Senior Management Service.

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

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

27  employees of the Florida Public Service Commission.

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

29  judicial branch.

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

31  System and the Correctional Education Program within the


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



  1  Department of Corrections, and the academic personnel and

  2  academic administrative personnel of the Florida School for

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

  4  chapter 242, the salaries for academic personnel and academic

  5  administrative personnel of the Florida School for the Deaf

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

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

  8  Education. The salaries for all instructional personnel and

  9  all administrative and noninstructional personnel of the

10  Correctional Education Program shall be set by the Department

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

12  Management Services.

13         (e)  The Chief Information Officer, deputy chief

14  information officers, chief technology officers, and deputy

15  chief technology officers in the State Technology Office.

16  Unless otherwise fixed by law, the State Technology Office

17  shall set the salary and benefits of these positions in

18  accordance with the rules of the Senior Management Service.

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

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

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

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

23  the Senior Management Service.

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

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

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

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

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

29  other-personal-services appropriation.  Unless otherwise fixed

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

31  set in accordance with rules established by the employing


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



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

  2  110.131.

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

  4  secretaries, deputy secretaries, and deputy assistant

  5  secretaries of all departments; the executive directors,

  6  assistant executive directors, deputy executive directors, and

  7  deputy assistant executive directors of all departments; and

  8  the directors of all divisions and those positions determined

  9  by the department to have managerial responsibilities

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

11  not limited to, program directors, assistant program

12  directors, district administrators, deputy district

13  administrators, the Director of Central Operations Services of

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

15  Transportation Planner, State Highway Engineer, State Public

16  Transportation Administrator, district secretaries, district

17  directors of planning and programming, production, and

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

19  20.23(3)(d)2., of the Department of Transportation.  Unless

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

21  and benefits of these positions in accordance with the rules

22  of the Senior Management Service.

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

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

25  and to each appointed secretary, assistant secretary, deputy

26  secretary, executive director, assistant executive director,

27  and deputy executive director of each department under

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

29  shall set the salary and benefits of these positions in

30  accordance with the rules of the Selected Exempt Service.

31


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



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

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

  3  and employees within each separate budget entity, as defined

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

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

  6  be set by the department as follows:

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

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

  9  chief inspector general, Director of Cabinet Affairs, Director

10  of Press Relations, Director of Planning and Budgeting,

11  director of administration, director of state-federal

12  relations, Director of Appointments, Director of External

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

14  Community Development, Chief of Staff for the Lieutenant

15  Governor, Deputy Director of Planning and Budgeting, policy

16  coordinators, and the director of each separate budget entity

17  shall have their salaries and benefits established by the

18  department in accordance with the rules of the Senior

19  Management Service.

20         2.  The salaries and benefits of positions not

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

22  employing agency. Salaries and benefits of employees whose

23  professional training is comparable to that of licensed

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

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

26  the Selected Exempt Service. The department shall make the

27  comparability determinations. Other employees shall have

28  benefits set comparable to legislative staff, except leave

29  shall be comparable to career service as if career service

30  employees.

31


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



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

  2  division director, and bureau chief positions in any

  3  department, and those positions determined by the department

  4  to have managerial responsibilities comparable to such

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

  6  positions in the Department of Health, the Department of

  7  Children and Family Services, and the Department of

  8  Corrections that are assigned primary duties of serving as the

  9  superintendent or assistant superintendent, or warden or

10  assistant warden, of an institution; positions in the

11  Department of Corrections that are assigned primary duties of

12  serving as the circuit administrator or deputy circuit

13  administrator; positions in the Department of Transportation

14  that are assigned primary duties of serving as regional toll

15  managers and managers of offices as defined in s.

16  20.23(3)(d)3. and (4)(d); positions in the Department of

17  Environmental Protection that are assigned the duty of an

18  Environmental Administrator or program administrator; those

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

20  Management Service; and positions in the Department of Health

21  that are assigned the duties of Environmental Administrator,

22  Assistant County Health Department Director, and County Health

23  Department Financial Administrator. Unless otherwise fixed by

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

25  positions in accordance with the rules established for the

26  Selected Exempt Service.

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

28  other paragraphs of this subsection, each department head may

29  designate a maximum of 20 policymaking or managerial

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

31  Administration Commission, as being exempt from the Career


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



  1  Service System. Career service employees who occupy a position

  2  designated as a position in the Selected Exempt Service under

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

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

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

  6  department shall set the salary and benefits of these

  7  positions in accordance with the rules of the Selected Exempt

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

  9  that the general counsel, chief Cabinet aide, public

10  information administrator or comparable position for a Cabinet

11  officer, inspector general, or legislative affairs director

12  has both policymaking and managerial responsibilities and if

13  the department determines that any such position has both

14  policymaking and managerial responsibilities, the salary and

15  benefits for each such position shall be established by the

16  department in accordance with the rules of the Senior

17  Management Service.

18         b.  In addition, each department may designate one

19  additional position in the Senior Management Service if that

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

21  in the Senior Management Service and if any additional costs

22  are absorbed from the existing budget of that department.

23         2.  If otherwise exempt, employees of the Public

24  Employees Relations Commission, the Commission on Human

25  Relations, and the Unemployment Appeals Commission, upon the

26  certification of their respective commission heads, may be

27  provided for under this paragraph as members of the Senior

28  Management Service, if otherwise qualified.  However, the

29  deputy general counsels of the Public Employees Relations

30  Commission shall be compensated as members of the Selected

31  Exempt Service.


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



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

  2  director, general counsel, official reporters, and division

  3  directors within the Public Service Commission and the

  4  personal secretary and personal assistant to each member of

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

  6  the salary and benefits of the executive director, deputy

  7  executive directors, general counsel, Director of

  8  Administration, Director of Appeals, Director of Auditing and

  9  Financial Analysis, Director of Communications, Director of

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

11  Information Processing, Director of Legal Services, Director

12  of Records and Reporting, Director of Research, and Director

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

14  accordance with the rules of the Senior Management Service.

15  The salary and benefits of the personal secretary and the

16  personal assistant of each member of the commission and the

17  official reporters shall be set by the department in

18  accordance with the rules of the Selected Exempt Service,

19  notwithstanding any salary limitations imposed by law for the

20  official reporters.

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

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

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

24  Department of Military Affairs in accordance with the

25  appropriate military pay schedule.

26         2.  The military police chiefs, military police

27  officers, firefighter trainers, firefighter-rescuers, and

28  electronic security system technicians shall have salary and

29  benefits the same as career service employees.

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

31  district program managers, district program coordinators,


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



  1  district subdistrict administrators, district administrative

  2  services directors, district attorneys, and the Deputy

  3  Director of Central Operations Services of the Department of

  4  Children and Family Services and the county health department

  5  directors and county health department administrators of the

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

  7  department shall establish the salary range and benefits for

  8  these positions in accordance with the rules of the Selected

  9  Exempt Service.

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

11  subsection which require as a prerequisite to employment:

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

13  an osteopathic physician pursuant to chapter 459, licensure as

14  a chiropractic physician pursuant to chapter 460, including

15  those positions which are occupied by employees who are

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

17  an engineer pursuant to chapter 471, which are supervisory

18  positions except for such positions in the Department of

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

20  prerequisite to employment that the employee have received the

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

22  accredited by the American Bar Association and thereafter

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

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

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

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

27  and benefits for these positions in accordance with the rules

28  established for the Selected Exempt Service.

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

30  Office of Statewide Prosecution of the Department of Legal

31


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



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

  2  Legal Affairs shall set the salary of these positions.

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

  4  commission established within the Department of Business and

  5  Professional Regulation or the Department of Health. Unless

  6  otherwise fixed by law, the department shall establish the

  7  salary and benefits for these positions in accordance with the

  8  rules established for the Selected Exempt Service.

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

10  of Administration. The State Board of Administration shall set

11  the salaries and benefits of these positions.

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

13  employee lease agreement expressly authorized by the

14  Legislature pursuant to s. 110.191.

15         (w)  All managers, supervisors, and confidential

16  employees of the State Technology Office. The State Technology

17  Office shall set the salaries and benefits of these positions

18  in accordance with the rules established for the Selected

19  Exempt Service.

20         Section 3.  Section 186.022, Florida Statutes, is

21  amended to read:

22         186.022  Information technology resource strategic

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

24  Board, the Financial Management Information Board, the

25  Criminal and Juvenile Justice Information Systems Council, and

26  the Health Information Systems Council shall each develop and

27  submit to the State Technology Office an information

28  technology resource strategic plan to the Executive Office of

29  the Governor in a form and manner prescribed in written

30  instructions from prepared by the State Technology Office

31  Executive Office of the Governor in consultation with the


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



  1  Executive Office of the Governor and the legislative

  2  appropriations committees. The State Technology Office

  3  Executive Office of the Governor shall review each such the

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

  5  review, the Executive Office of the Governor shall determine

  6  consider all comments and findings of the Technology Review

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

  8  the State Annual Report on Enterprise Resource Planning and

  9  Information Resources Management and statewide policies

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

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

12  a written expression of its findings, conclusions, and

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

14  plan recommended by the State Technology Council. If any

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

16  each affected board boards and council shall revise its

17  strategic plan to the extent necessary to incorporate such

18  required changes councils have 30 days to incorporate those

19  revisions and shall resubmit its strategic return the plan to

20  the State Technology Office for final approval and acceptance

21  Executive Office of the Governor.

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

23  Statutes, is amended to read:

24         216.013  Long-range program plan.--

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

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

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

28  and other requirements as specified in the written

29  instructions and that they provide the framework and context

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

31  Office of the Governor shall consider the findings of the


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



  1  State Technology Office Technology Review Workgroup as to the

  2  consistency of the information technology portion of

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

  4  Enterprise Resource Planning and Information Resources

  5  Management and statewide policies adopted recommended by the

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

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

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

  9  require an agency to revise the plan.

10         Section 5.  Section 216.0446, Florida Statutes, is

11  amended to read:

12         216.0446  Review of information resources management

13  needs.--

14         (1)  There is created within the Legislature the

15  Technology Review Workgroup. The workgroup and the State

16  Technology Office shall independently review and make

17  recommendations with respect to the portion of agencies'

18  long-range program plans which pertains to information

19  resources management needs and with respect to agencies'

20  legislative budget requests for information technology and

21  related resources management. The Technology Review Workgroup

22  shall report such recommendations, together with the findings

23  and conclusions on which such recommendations are based, be

24  responsible to the Legislative Budget Commission chairs of the

25  legislative appropriations committees.  The State Technology

26  Office shall report such recommendations, together with the

27  findings and conclusions on which such recommendations are

28  based, to the Executive Office of the Governor and to the

29  chairs of the legislative appropriations committees.

30         (2)  In addition to its primary duty specified in

31  subsection (1), the Technology Review Workgroup shall have


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    ENROLLED

    2001 Legislature                     HB 1811, Second Engrossed



  1  powers and duties that include, but are not limited to, the

  2  following:

  3         (a)  To evaluate the information resource management

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

  5  consistency with the State Annual Report on Enterprise

  6  Resource Planning and Information Resources Management and

  7  statewide policies recommended by the State Technology Office

  8  Council, and make recommendations to the  Legislative Budget

  9  Commission chairs of the legislative appropriations

10  committees.

11         (b)  To review and make recommendations to the

12  Legislative Budget Commission chairs of the legislative

13  appropriations committees on proposed budget amendments and

14  agency transfers associated with information technology

15  resources management initiatives or projects that involve more

16  than one agency, that have an outcome that impacts another

17  agency, or that exceed $500,000 in total cost over a 1-year

18  period, or that are requested by the Legislative Budget

19  Commission to be reviewed.

20         Section 6.  Subsection (5)of section 216.181, Florida

21  Statutes, is amended to read:

22         216.181  Approved budgets for operations and fixed

23  capital outlay.--

24         (5)  An amendment to the original operating budget for

25  an information technology resources management project or

26  initiative that involves more than one agency, has an outcome

27  that impacts another agency, or exceeds $500,000 in total cost

28  over a 1-year period, except for those projects that are a

29  continuation of hardware or software maintenance or software

30  licensing agreements, or that are for desktop replacement that

31  is similar to the technology currently in use must be reviewed


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  1  by the Technology Review Workgroup pursuant to s. 216.0466 and

  2  approved by the Executive Office of the Governor for the

  3  executive branch or by the Chief Justice for the judicial

  4  branch, and shall be subject to the notice and review

  5  procedures set forth in s. 216.177.

  6         Section 7.  Section 216.235, Florida Statutes, is

  7  amended to read:

  8         216.235  Innovation Investment Program; intent;

  9  definitions; composition and responsibilities of State

10  Innovation Committee; responsibilities of the Office of

11  Tourism, Trade, and Economic Development Department of

12  Management Services, the Information Resource Commission, and

13  the review board; procedures for innovative project

14  submission, review, evaluation, and approval; criteria to be

15  considered.--

16         (1)  This section shall be cited as the "Innovation

17  Investment Program Act."

18         (2)  The Legislature finds that each state agency

19  should be encouraged to pursue innovative investment projects

20  which demonstrate a novel, creative, and entrepreneurial

21  approach to conducting the agency's normal business processes;

22  effectuate a significant change in the accomplishment of the

23  agency's activities; address an important problem of public

24  concern; and have the potential of being replicated by other

25  state agencies. The Legislature further finds that investment

26  in innovation can produce longer-term savings and that funds

27  for such investment should be available to assist agencies in

28  investing in innovations that produce a cost savings to the

29  state or improve the quality of services delivered. The

30  Legislature also finds that any eligible savings realized as a

31


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    2001 Legislature                     HB 1811, Second Engrossed



  1  result of investment in innovation should be available for

  2  future investment in innovation.

  3         (3)  For purposes of this section:

  4         (a)  "Agency" means an official, officer, commission,

  5  authority, council, committee, department, division, bureau,

  6  board, section, or other unit or entity of the executive

  7  branch.

  8         (b)  "Commission" means the Information Resource

  9  Commission.

10         (c)  "Committee" means the State Innovation Committee.

11         (d)  "Office" means the Office of Tourism, Trade, and

12  Economic Development within the Executive Office of the

13  Governor. "Department" means the Department of Management

14  Services.

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

16  of private citizens and public employees who evaluate the

17  projects and make funding recommendations to the committee.

18         (4)  There is hereby created the State Innovation

19  Committee, which shall have final approval authority as to

20  which innovative investment projects submitted under this

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

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

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

24         (a)  The Lieutenant Governor.

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

26  and Budgeting.

27         (c)  The Chief Information Officer in the State

28  Technology Office.

29         (d)(c)  The Comptroller.

30

31


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  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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  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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  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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  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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  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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  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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  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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  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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  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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    ENROLLED

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  1  supplies, personnel, facility resources, maintenance, and

  2  training.

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

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

  5  agencies' information resources management planning and

  6  budgeting proposals.

  7         Section 11.  Section 282.102, Florida Statutes, is

  8  amended to read:

  9         282.102  Creation of the State Technology Office;

10  powers and duties of the State Technology Office of the

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

12  Technology Office, administratively placed within the

13  Department of Management Services. The office shall be a

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

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

16  the Senior Management Service. The Chief Information Officer

17  shall be an agency head for all purposes.  The Department of

18  Management Services shall provide administrative support and

19  service to the office to the extent requested by the Chief

20  Information Officer.  The office may adopt policies and

21  procedures regarding personnel, procurement, and transactions

22  for State Technology Office personnel.  The office shall have

23  the following powers, duties, and functions:

24         (1)  To publish electronically the portfolio of

25  services available from the office, including pricing

26  information; the policies and procedures of the office

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

28  priorities and initiatives for the state communications system

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

30  of its portfolio of services upon request.

31


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  1         (2)  To adopt rules implementing policies and

  2  procedures providing best practices to be followed by agencies

  3  in acquiring, using, upgrading, modifying, replacing, or

  4  disposing of information technology. To coordinate the

  5  purchase, lease, and use of all information technology

  6  services for state agencies, including communications services

  7  provided as part of any other total system to be used by the

  8  state or any of its agencies.

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

10  enterprise resource planning and management for the agency.

11         (4)(3)  To advise and render aid to state agencies and

12  political subdivisions of the state as to systems or methods

13  to be used for organizing and meeting information technology

14  requirements efficiently and effectively.

15         (5)(4)  To integrate the information technology systems

16  and services of state agencies.

17         (6)(5)  To adopt technical standards for the state

18  information technology system which will assure the

19  interconnection of computer networks and information systems

20  of state agencies.

21         (7)(6)  To assume management responsibility for any

22  integrated information technology system or service when

23  determined by the office to be economically efficient or

24  performance-effective.

25         (8)(7)  To enter into agreements related to for the

26  support and use of the information technology with services of

27  state agencies and of political subdivisions of the state.

28         (9)(8)  To use and or acquire, with agency concurrence,

29  information technology facilities now owned or operated by any

30  state agency.

31


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

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

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

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

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

  6  agency by any telecommunications company.

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

  8  120.54 relating to information technology and to administer

  9  the provisions of this part.

10         (17)  To provide a means whereby political subdivisions

11  of the state may use the state information technology systems

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

13  may establish.

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

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

16  and donations from individuals, foundations, and private

17  organizations.

18         (19)  To monitor issues relating to communications

19  facilities and services before the Florida Public Service

20  Commission and, when necessary, prepare position papers,

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

22  on behalf of state agencies in proceedings before the

23  commission.

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

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

26  or interpret, communications within the SUNCOM Network by:

27         (a)  Establishing technical standards to physically

28  interface with the SUNCOM Network.

29         (b)  Specifying how communications are transmitted

30  within the SUNCOM Network.

31


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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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.  Section 282.322, Florida Statutes, is

20  amended to read:

21         282.322  Special monitoring process for designated

22  information resources management projects.

23         (1)For each information resources management project

24  which is designated for special monitoring in the General

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

26  project monitor, the Technology Review Workgroup established

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

28  agency, shall be responsible for contracting with the project

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

30  amount shall be transferred to the Technology Review Workgroup

31  upon request and subsequent approval of a budget amendment


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    2001 Legislature                     HB 1811, Second Engrossed



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

  2  Legislative Auditing Committee, the office of the Auditor

  3  General shall be the project monitor for other projects

  4  designated for special monitoring. However, nothing in this

  5  section precludes the Auditor General from conducting such

  6  monitoring on any project designated for special monitoring.

  7  In addition to monitoring and reporting on significant

  8  communications between a contracting agency and the

  9  appropriate federal authorities, the project monitoring

10  process shall consist of evaluating each major stage of the

11  designated project to determine whether the deliverables have

12  been satisfied and to assess the level of risks associated

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

14  stages of each designated project shall be determined based on

15  the agency's information systems development methodology.

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

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

18  monitor shall issue a written report, including the findings

19  and recommendations for correcting deficiencies, to the agency

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

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

22  written statement of explanation or rebuttal concerning the

23  findings and recommendations of the project monitor, including

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

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

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

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

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

29  Governor, the appropriations committees of the Legislature,

30  the Joint Legislative Auditing Committee, the Technology

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


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    2001 Legislature                     HB 1811, Second Engrossed



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

  2  Analysis and Government Accountability. The Auditor General

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

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

  5  monitor.

  6         (2)  The Enterprise Project Management Office of the

  7  State Technology Office shall report any information

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

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

10  the Speaker of the House of Representatives, and the chairs of

11  the appropriations committees.  Within the limits of current

12  appropriations, the Enterprise Project Management Office shall

13  monitor and report on such high-risk information technology

14  projects, and assess the levels of risks associated with

15  proceeding to the next stage of the project.

16         Section 28.  Paragraph (f) of subsection (2) of section

17  216.163, Florida Statutes, is amended to read:

18         216.163  Governor's recommended budget; form and

19  content; declaration of collective bargaining impasses.--

20         (2)  The Governor's recommended budget shall also

21  include:

22         (f)  The Governor's recommendations for high-risk

23  critical information technology resource management projects

24  which should be subject to special monitoring under s.

25  282.322. These recommendations shall include proviso language

26  which specifies whether funds are specifically provided to

27  contract for project monitoring, or whether the Auditor

28  General will conduct such project monitoring. When funds are

29  recommended for contracting with a project monitor, such funds

30  may equal 1 percent to 5 percent of the project's estimated

31


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    2001 Legislature                     HB 1811, Second Engrossed



  1  total costs. These funds shall be specifically appropriated

  2  and nonrecurring.

  3         Section 29.  Paragraph (b) of subsection (1) and

  4  paragraph (o) of subsection (3) of section 119.07, Florida

  5  Statutes, are amended to read:

  6         119.07  Inspection, examination, and duplication of

  7  records; exemptions.--

  8         (1)

  9         (b)  If the nature or volume of public records

10  requested to be inspected, examined, or copied pursuant to

11  this subsection is such as to require extensive use of

12  information technology resources or extensive clerical or

13  supervisory assistance by personnel of the agency involved, or

14  both, the agency may charge, in addition to the actual cost of

15  duplication, a special service charge, which shall be

16  reasonable and shall be based on the cost incurred for such

17  extensive use of information technology resources or the labor

18  cost of the personnel providing the service that is actually

19  incurred by the agency or attributable to the agency for the

20  clerical and supervisory assistance required, or both.

21  "Information technology resources" means data processing

22  hardware and software and services, communications, supplies,

23  personnel, facility resources, maintenance, and training shall

24  have the same meaning as in s. 282.303(12).

25         (3)

26         (o)  Data processing software obtained by an agency

27  under a licensing agreement which prohibits its disclosure and

28  which software is a trade secret, as defined in s. 812.081,

29  and agency-produced data processing software which is

30  sensitive are exempt from the provisions of subsection (1) and

31  s. 24(a), Art. I of the State Constitution.  The designation


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    2001 Legislature                     HB 1811, Second Engrossed



  1  of agency-produced software as sensitive shall not prohibit an

  2  agency head from sharing or exchanging such software with

  3  another public agency.  As used in this paragraph:

  4         1.  "Data processing software" means the programs and

  5  routines used to employ and control the capabilities of data

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

  7  systems, compilers, assemblers, utilities, library routines,

  8  maintenance routines, applications, and computer networking

  9  programs has the same meaning as in s. 282.303(7).

10         2.  "Sensitive" means only those portions of data

11  processing software, including the specifications and

12  documentation, used to:

13         a.  Collect, process, store, and retrieve information

14  which is exempt from the provisions of subsection (1);

15         b.  Collect, process, store, and retrieve financial

16  management information of the agency, such as payroll and

17  accounting records; or

18         c.  Control and direct access authorizations and

19  security measures for automated systems.

20         Section 30.  Paragraph (b) of subsection (1) of section

21  119.083, Florida Statutes, is amended to read:

22         119.083  Definitions; copyright of data processing

23  software created by governmental agencies; fees; prohibited

24  contracts.--

25         (1)  As used in this section:

26         (b)  "Data processing software" has the same meaning as

27  in s. 119.07(3)(o) 282.303.

28         Section 31.  (1)  Each state agency that entered into a

29  memorandum of agreement with the State Technology Office by

30  March 15, 2001, regarding consolidation of information

31  technology resources and staff, shall transfer the positions


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    2001 Legislature                     HB 1811, Second Engrossed



  1  identified in the memoranda and the associated rate and the

  2  amount of approved budget to the State Technology Office on

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

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

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

  6  Legislative Budget Commission pursuant to chapter 216, Florida

  7  Statutes.

  8         (2)  Each state agency required to transfer positions

  9  pursuant to subsection (1) shall also transfer administrative

10  support personnel and associated rate and the amount of

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

12  administrative support positions transferred by each agency

13  shall not exceed 5 percent of the number of positions

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

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

16  approval by the Legislative Budget Commission pursuant to

17  chapter 216, Florida Statutes.

18         (3)  The State Technology Office and the individual

19  agencies may request subsequent transfers of full-time

20  positions and associated rate and funds during the fiscal year

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

22  Technology Office and the agencies.  Such transfers shall be

23  subject to approval by the Legislative Budget Commission

24  pursuant to chapter 216, Florida Statutes.

25         (4)  The State Technology Office is authorized to

26  charge back to each participating agency an amount equal to

27  the total of all direct and indirect costs of administering

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

29  indirect costs of rendering the performances required of the

30  State Technology Office under such agreements.

31


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    2001 Legislature                     HB 1811, Second Engrossed



  1         (5)  Any resources transferred to the State Technology

  2  Office which were dedicated to a federally funded system shall

  3  remain allocated to that system until the appropriate federal

  4  agency or authority confirms in writing that another plan for

  5  supporting the system will not result in federal sanctions.

  6         (6)  The corresponding amounts necessary to execute

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

  8  transfer to the State Technology Office.  Such amounts and

  9  specific funds shall be equivalent to the amount of approved

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

11  subject to approval by the Legislative Budget Commission.

12         Section 32.  Section 282.404, Florida Statutes, is

13  repealed.

14         Section 33.  Subsection (6) is added to section 11.90,

15  Florida Statutes, to read:

16         (6)  The Commission shall review information resources

17  management needs identified in agency long-range program plans

18  for consistency with the State Annual Report on Enterprise

19  Resource Planning and Management and statewide policies

20  adopted by the State Technology Office.  The Commission shall

21  also review proposed budget amendments associated with

22  information technology that involve more than one agency, that

23  have an outcome that impacts another agency, or that exceed

24  $500,000 in total cost over 1-year period.

25         Section 34.  This act shall take effect July 1, 2001.

26

27

28

29

30

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