House Bill hb1811er
CODING: Words stricken are deletions; words underlined are additions.
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;
1
CODING: Words stricken are deletions; words underlined are additions.
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
2
CODING: Words stricken are deletions; words underlined are additions.
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
3
CODING: Words stricken are deletions; words underlined are additions.
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
4
CODING: Words stricken are deletions; words underlined are additions.
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
5
CODING: Words stricken are deletions; words underlined are additions.
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:
6
CODING: Words stricken are deletions; words underlined are additions.
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
7
CODING: Words stricken are deletions; words underlined are additions.
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
8
CODING: Words stricken are deletions; words underlined are additions.
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
9
CODING: Words stricken are deletions; words underlined are additions.
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
10
CODING: Words stricken are deletions; words underlined are additions.
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
11
CODING: Words stricken are deletions; words underlined are additions.
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.
12
CODING: Words stricken are deletions; words underlined are additions.
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,
13
CODING: Words stricken are deletions; words underlined are additions.
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
14
CODING: Words stricken are deletions; words underlined are additions.
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
15
CODING: Words stricken are deletions; words underlined are additions.
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
16
CODING: Words stricken are deletions; words underlined are additions.
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
17
CODING: Words stricken are deletions; words underlined are additions.
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
18
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
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
19
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
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
20
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 (e)(d) One representative of the private sector
2 appointed by the Commission on Government Accountability to
3 the People.
4 (f)(e) The director of the Office of Tourism, Trade,
5 and Economic Development. One representative appointed by
6 Enterprise Florida, Inc.
7 (g) The Chair of IT Florida.com, Inc.
8
9 The Secretary of Management Services shall serve as an
10 alternate in the event a member is unable to attend the
11 committee meeting.
12 (5) Agencies shall submit proposed innovative
13 investment projects to the Office of Tourism, Trade, and
14 Economic Development department by a date established and in
15 the format prescribed by the office department. Such
16 innovative investment project proposals shall include, but not
17 be limited to:
18 (a) The identification of a specific innovative
19 investment project.
20 (b) The name of the agency's innovative investment
21 project administrator.
22 (c) A cost/benefit analysis which is a financial
23 summary of how the innovative investment project will produce
24 a cost savings for the agency or improve the quality of the
25 public services delivered by the agency. The analysis shall
26 include a breakdown of each project cost category, including,
27 but not limited to: the costs associated with hiring of
28 other-personal-services staff, re-engineering efforts,
29 purchase of equipment, maintenance agreements, training,
30 consulting services, travel, acquisition of information
31 technology resources; any monetary or in-kind contributions
21
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 made by the agency, another public entity, or the private
2 sector; and available baseline data, performance measures, and
3 outcomes as defined in s. 216.011(1).
4 (d) The approval of the agency head, the agency's
5 budget director, the agency's inspector general or internal
6 auditor, and, if the innovative investment project involves
7 information technology resources, the information resource
8 manager.
9 (6) Any agency developing an innovative investment
10 project proposal that involves information technology
11 resources may consult with and seek technical assistance from
12 the commission. The office department shall consult with the
13 commission for any project proposal that involves information
14 resource technology. The commission is responsible for
15 evaluating these projects and for advising the committee and
16 review board of the technical feasibility and any transferable
17 benefits of the proposed technology. In addition to the
18 requirements of subsection (5), the agencies shall provide to
19 the commission any information requested by the commission to
20 aid in determining that the proposed technology is appropriate
21 for the project's success.
22 (7) The office department shall select a review board
23 composed of private and public members. Terms of review board
24 members shall be for 1 year beginning on a date established by
25 the office department. Review board members may serve more
26 than one term. The board shall evaluate innovative investment
27 projects and shall make recommendations to the committee as to
28 which innovative projects should be considered for funding.
29 (8) When evaluating projects, the committee and the
30 review board shall consider whether the innovative investment
31 project meets the following criteria:
22
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 (a) Increases the quality of public services by the
2 agency.
3 (b) Reduces costs for the agency.
4 (c) Involves a cooperative effort with another public
5 entity or the private sector.
6 (d) Reduces the need for hiring additional employees
7 or avoids other operating costs incurred by the agency in the
8 future.
9 (9) The committee shall allocate funds based on a
10 competitive evaluation process and award funds to agencies for
11 innovative investment projects demonstrating quantifiable
12 savings to the state, or improved customer service delivery.
13 (10) The awarded agency shall monitor and evaluate the
14 projects to determine if the anticipated results were
15 achieved.
16 (11) Funds appropriated for the Innovation Investment
17 Program shall be distributed by the Executive Office of the
18 Governor subject to notice, review, and objection procedures
19 set forth in s. 216.177. The office department may transfer
20 funds from the annual appropriation as necessary to administer
21 the program.
22 Section 8. Paragraph (c) is added to subsection (1) of
23 section 216.292, Florida Statutes, to read:
24 216.292 Appropriations nontransferable; exceptions.--
25 (1)
26 (c) Notwithstanding any other provision of this
27 section or the provisions of s. 216.351, for fiscal year
28 2001-2002, state agencies may transfer positions and
29 appropriations as necessary to comply with any provision of
30 the General Appropriations Act, or any other provision of law,
31 that requires or specifically authorizes the transfer of
23
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 positions and appropriations in the consolidation of
2 information technology resources to the State Technology
3 Office.
4 Section 9. Section 282.005, Florida Statutes, is
5 amended to read:
6 282.005 Legislative findings and intent.--The
7 Legislature finds that:
8 (1) Information is a strategic asset of the state,
9 and, as such, it should be managed as a valuable state
10 resource.
11 (2) The state makes significant investments in
12 information technology resources in order to manage
13 information and to provide services to its citizens.
14 (3) An office must be created to provide support and
15 guidance to enhance the state's use and management of
16 information technology resources and to design, procure, and
17 deploy, on behalf of the state, information technology
18 resources.
19 (4) The cost-effective deployment of information
20 technology and information resources by state agencies can
21 best be managed by a Chief Information Officer.
22 (5) The head of each state agency, in consultation
23 with The State Technology Office, has primary responsibility
24 and accountability for the planning, budgeting, acquisition,
25 development, implementation, use, and management of
26 information technology resources within the state agency. The
27 State Technology Office shall use the state's information
28 technology in the best interest of the state as a whole and
29 shall contribute to and make use of shared data and related
30 resources whenever appropriate. Each agency head has primary
31 responsibility and accountability for setting agency
24
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 priorities, identifying business needs, and determining agency
2 services and programs to be developed as provided by law. The
3 State Technology Office, through service level agreements with
4 each agency, shall provide the information technology needed
5 for the agency to accomplish its mission.
6 (6) The expanding need for, use of, and dependence on
7 information technology resources requires focused management
8 attention and managerial accountability by state agencies and
9 the state as a whole.
10 (7) The agency head, in consultation with the State
11 Technology Office, has primary responsibility for the agency's
12 information technology resources and for their use in
13 accomplishing the agency's mission. However, each agency
14 shall also use its information technology resources in the
15 best interests of the state as a whole and thus contribute to
16 and make use of shared data and related resources whenever
17 appropriate.
18 (7)(8) The state, through the State Technology Office,
19 shall provide, by whatever means is most cost-effective and
20 efficient, the information technology, enterprise resource
21 planning and management, and enterprise resource management
22 infrastructure the information resources management
23 infrastructure needed to collect, store, and process the
24 state's data and information, provide connectivity, and
25 facilitate the exchange of data and information among both
26 public and private parties.
27 (8)(9) A necessary part of the state's information
28 technology resources management infrastructure is a statewide
29 communications system for all types of signals, including, but
30 not limited to, voice, data, video, radio, telephone,
31 wireless, and image.
25
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 (9)(10) To ensure the best management of the state's
2 information technology resources, and notwithstanding other
3 provisions of law to the contrary, the functions of
4 information technology resources management are hereby
5 assigned to the Board of Regents as the agency responsible for
6 the development and implementation of policy, planning,
7 management, rulemaking, standards, and guidelines for the
8 State University System; to the State Board of Community
9 Colleges as the agency responsible for establishing and
10 developing rules and policies for the Florida Community
11 College System; to the Supreme Court, for the judicial branch;
12 to each state attorney and public defender; and to the State
13 Technology Office for the executive branch of state
14 government.
15 (10) The State Technology Office shall take no action
16 affecting the supervision, control, management or coordination
17 of information technology and information technology
18 personnel, that any cabinet officer listed in s. 4 Art. IV of
19 the State Constitution deems necessary for the exercise of his
20 or her statutory or constitutional duties.
21 (11) Notwithstanding anything to the contrary
22 contained in this act, the State Technology Office shall take
23 no action affecting the supervision or control of the
24 personnel or data processing equipment that the Comptroller
25 deems necessary for the exercise of his or her official
26 constitutional duties as set forth in s. 4(d) and (e), Art. IV
27 of the State Constitution.
28 (12) Notwithstanding anything to the contrary
29 contained in this act, the State Technology Office shall take
30 no action affecting the supervision and control of the
31 personnel or data processing equipment which the Attorney
26
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 General deems necessary for the exercise of his or her
2 official constitutional duties as set forth in s. 4(c), Art.
3 IV of the State Constitution.
4 Section 10. Section 282.303, Florida Statutes, is
5 renumbered as section 282.0041, Florida Statutes, and amended
6 to read:
7 282.0041 282.303 Definitions.--For the purposes of
8 this part ss. 282.303-282.322, the term:
9 (1) "Agency" means those entities described in s.
10 216.011(1)(qq)(mm).
11 (2)(8) "Agency Annual Enterprise Resource Planning and
12 Management Report" means the report prepared by each Agency
13 the Chief Information Officer of each agency as required by s.
14 282.3063.
15 (3)(2) "Agency Chief Information Officer" means the
16 person appointed by the agency head, in consultation with the
17 State Technology Office, to coordinate and manage the
18 information technology resources management policies and
19 activities applicable to within that agency.
20 (4)(3) "Agency Chief Information Officers Council"
21 means the council created in s. 282.315 to facilitate the
22 sharing and coordination of information technology resources
23 management issues and initiatives among the agencies.
24 (5)(13) "Enterprise resources management
25 infrastructure" means the hardware, software, networks, data,
26 human resources, policies, standards, and facilities,
27 maintenance, and related materials and services that are
28 required to support the business processes of an agency or
29 state enterprise.
30 (5) "Information technology hardware" means equipment
31 designed for the automated storage, manipulation, and
27
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 retrieval of data, voice or video, by electronic or mechanical
2 means, or both, and includes, but is not limited to, central
3 processing units, front-end processing units, including
4 miniprocessors and microprocessors, and related peripheral
5 equipment such as data storage devices, document scanners,
6 data entry, terminal controllers and data terminal equipment,
7 word processing systems, equipment and systems for computer
8 networks, personal communication devices, and wireless
9 equipment.
10 (6)(11) "Enterprise resource planning and management"
11 means the planning, budgeting, acquiring, developing,
12 organizing, directing, training, and control, and related
13 services associated with government information technology
14 resources. The term encompasses information and related
15 resources, as well as the controls associated with their
16 acquisition, development, dissemination, and use.
17 (7) "Information technology" means equipment,
18 hardware, software, firmware, programs, systems, networks,
19 infrastructure, media, and related material used to
20 automatically, electronically, and wirelessly collect,
21 receive, access, transmit, display, store, record, retrieve,
22 analyze, evaluate, process, classify, manipulate, manage,
23 assimilate, control, communicate, exchange, convert, converge,
24 interface, switch, or disseminate information of any kind or
25 form.
26 (6) "Information technology services" means all
27 services that include, but are not limited to, feasibility
28 studies, systems design, software development, enterprise
29 resource planning, application service provision, consulting,
30 or time-sharing services.
31
28
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 (7) "Data processing software" means the programs and
2 routines used to employ and control the capabilities of data
3 processing hardware, including, but not limited to, operating
4 systems, compilers, assemblers, utilities, library routines,
5 maintenance routines, applications, and computer networking
6 programs.
7 (8)(10) "Project" means an undertaking directed at the
8 accomplishment of a strategic objective relating to enterprise
9 resources management or a specific appropriated program.
10 (9) "State Annual Report on Enterprise Resource
11 Planning and Management" means the report prepared by the
12 State Technology Office as defined in s. 282.3093.
13 (10)(16) "Standards" means the use of current, open,
14 nonproprietary, or non-vendor-specific technologies.
15 (11)(4) "State Technology Office" or "office" means
16 the office created in s. 282.102 to support and coordinate
17 cost-effective deployment of technology and information
18 resources and services across state government.
19 (12)(15) "Total cost" means all costs associated with
20 information technology resources management projects or
21 initiatives, including, but not limited to, value of hardware,
22 software, service, maintenance, incremental personnel, and
23 facilities. Total cost of a loan or gift of information
24 technology resources to an agency includes the fair market
25 value of the resources, except that the total cost of loans or
26 gifts of information technology resources to state
27 universities to be used in instruction or research does not
28 include fair market value.
29 (12) "Information technology resources" means data
30 processing hardware and software and services, communications,
31
29
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 supplies, personnel, facility resources, maintenance, and
2 training.
3 (14) "Technology Review Workgroup" means the workgroup
4 created in s. 216.0446 to review and make recommendations on
5 agencies' information resources management planning and
6 budgeting proposals.
7 Section 11. Section 282.102, Florida Statutes, is
8 amended to read:
9 282.102 Creation of the State Technology Office;
10 powers and duties of the State Technology Office of the
11 Department of Management Services.--There is created a State
12 Technology Office, administratively placed within the
13 Department of Management Services. The office shall be a
14 separate budget entity, and which shall be headed by a Chief
15 Information Officer who is appointed by the Governor and is in
16 the Senior Management Service. The Chief Information Officer
17 shall be an agency head for all purposes. The Department of
18 Management Services shall provide administrative support and
19 service to the office to the extent requested by the Chief
20 Information Officer. The office may adopt policies and
21 procedures regarding personnel, procurement, and transactions
22 for State Technology Office personnel. The office shall have
23 the following powers, duties, and functions:
24 (1) To publish electronically the portfolio of
25 services available from the office, including pricing
26 information; the policies and procedures of the office
27 governing usage of available services; and a forecast of the
28 priorities and initiatives for the state communications system
29 for the ensuing 2 years. The office shall provide a hard copy
30 of its portfolio of services upon request.
31
30
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 (2) To adopt rules implementing policies and
2 procedures providing best practices to be followed by agencies
3 in acquiring, using, upgrading, modifying, replacing, or
4 disposing of information technology. To coordinate the
5 purchase, lease, and use of all information technology
6 services for state agencies, including communications services
7 provided as part of any other total system to be used by the
8 state or any of its agencies.
9 (3) To perform, in consultation with an agency, the
10 enterprise resource planning and management for the agency.
11 (4)(3) To advise and render aid to state agencies and
12 political subdivisions of the state as to systems or methods
13 to be used for organizing and meeting information technology
14 requirements efficiently and effectively.
15 (5)(4) To integrate the information technology systems
16 and services of state agencies.
17 (6)(5) To adopt technical standards for the state
18 information technology system which will assure the
19 interconnection of computer networks and information systems
20 of state agencies.
21 (7)(6) To assume management responsibility for any
22 integrated information technology system or service when
23 determined by the office to be economically efficient or
24 performance-effective.
25 (8)(7) To enter into agreements related to for the
26 support and use of the information technology with services of
27 state agencies and of political subdivisions of the state.
28 (9)(8) To use and or acquire, with agency concurrence,
29 information technology facilities now owned or operated by any
30 state agency.
31
31
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 (9) To standardize policies and procedures for the use
2 of such services.
3 (10) To purchase from or contract with information
4 technology providers for information technology facilities or
5 services, including private line services.
6 (11) To apply for, receive, and hold, and to or assist
7 agencies in applying for, receiving, or holding, such
8 authorizations, patents, copyrights, trademarks, service
9 marks, licenses, and allocations or channels and frequencies
10 to carry out the purposes of this part ss. 282.101-282.109.
11 (12) To purchase, lease, or otherwise acquire and to
12 hold, sell, transfer, license, or otherwise dispose of real,
13 personal estate, equipment, and intellectual other property,
14 including, but not limited to, patents, trademarks,
15 copyrights, and service marks.
16 (13) To cooperate with any federal, state, or local
17 emergency management agency in providing for emergency
18 communications services.
19 (14) To delegate, as necessary, to state agencies the
20 authority to purchase, lease, or otherwise acquire and to use
21 powers of acquisition and utilization of information
22 technology equipment, facilities, and services or, as
23 necessary, to control and approve the purchase, lease, or
24 acquisition and the use of all information technology
25 equipment, services, and facilities, including, but not
26 limited to, communications services provided as part of any
27 other total system to be used by the state or any of its
28 agencies.
29 (15) To acquire take ownership, possession, custody,
30 and control of existing communications equipment and
31 facilities, with agency concurrence, including all right,
32
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 title, interest, and equity therein, as necessary, to carry
2 out the purposes of this part ss. 282.101-282.109. However,
3 the provisions of this subsection shall in no way affect the
4 rights, title, interest, or equity in any such equipment or
5 facilities owned by, or leased to, the state or any state
6 agency by any telecommunications company.
7 (16) To adopt rules pursuant to ss. 120.536(1) and
8 120.54 relating to information technology and to administer
9 the provisions of this part.
10 (17) To provide a means whereby political subdivisions
11 of the state may use the state information technology systems
12 system upon such terms and under such conditions as the office
13 may establish.
14 (18) To apply for and accept federal funds for any of
15 the purposes of this part ss. 282.101-282.109 as well as gifts
16 and donations from individuals, foundations, and private
17 organizations.
18 (19) To monitor issues relating to communications
19 facilities and services before the Florida Public Service
20 Commission and, when necessary, prepare position papers,
21 prepare testimony, appear as a witness, and retain witnesses
22 on behalf of state agencies in proceedings before the
23 commission.
24 (20) Unless delegated to the agencies by the Chief
25 Information Officer, to manage and control, but not intercept
26 or interpret, communications within the SUNCOM Network by:
27 (a) Establishing technical standards to physically
28 interface with the SUNCOM Network.
29 (b) Specifying how communications are transmitted
30 within the SUNCOM Network.
31
33
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 (c) Controlling the routing of communications within
2 the SUNCOM Network.
3 (d) Establishing standards, policies, and procedures
4 for access to the SUNCOM Network.
5 (e) Ensuring orderly and reliable communications
6 services in accordance with the standards and policies of all
7 state agencies and the service level agreements executed with
8 state agencies.
9 (21) To plan, design, and conduct experiments for
10 information technology services, equipment, and technologies,
11 and to implement enhancements in the state information
12 technology system when in the public interest and
13 cost-effective. Funding for such experiments shall be derived
14 from SUNCOM Network service revenues and shall not exceed 2
15 percent of the annual budget for the SUNCOM Network for any
16 fiscal year or as provided in the General Appropriations Act
17 for fiscal year 2000-2001. New services offered as a result
18 of this subsection shall not affect existing rates for
19 facilities or services.
20 (22) To enter into contracts or agreements, with or
21 without competitive bidding or procurement, to make available,
22 on a fair, reasonable, and nondiscriminatory basis, property
23 and other structures under office control for the placement of
24 new facilities by any wireless provider of mobile service as
25 defined in 47 U.S.C. s. 153(n) or s. 332(d) and any
26 telecommunications company as defined in s. 364.02 when it is
27 determined to be practical and feasible to make such property
28 or other structures available. The office may, without
29 adopting a rule, charge a just, reasonable, and
30 nondiscriminatory fee for the placement of the facilities,
31 payable annually, based on the fair market value of space used
34
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 by comparable communications facilities in the state. The
2 office and a wireless provider or telecommunications company
3 may negotiate the reduction or elimination of a fee in
4 consideration of services provided to the office by the
5 wireless provider or telecommunications company. All such fees
6 collected by the office shall be deposited directly into the
7 State Agency Law Enforcement Radio Operating System Trust
8 Fund, and may be used by the office to construct, maintain, or
9 support the system.
10 (23) To provide an integrated electronic system for
11 deploying government products, services, and information to
12 individuals and businesses.
13 (a) The integrated electronic system shall reflect
14 cost-effective deployment strategies in keeping with industry
15 standards and practices, including protections and of security
16 of private information as well as maintenance of public
17 records.
18 (b) The office shall provide a method for assessing
19 fiscal accountability for the integrated electronic system and
20 shall establish the organizational structure required to
21 implement this system.
22 (24) To provide administrative support to the Agency
23 Chief Information Officers Council and other workgroups
24 created by the Chief Information Officer.
25 (25) To facilitate state information technology
26 education and training for senior management and other agency
27 staff.
28 (26) To prepare, on behalf of the Executive Office of
29 the Governor, memoranda on recommended guidelines and best
30 practices for information resources management, when
31 requested.
35
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 (27) To prepare, publish, and disseminate the State
2 Annual Report on Enterprise Resource Planning and Management
3 under s. 282.310.
4 (28) To study and make a recommendation to the
5 Governor and Legislature on the feasibility of implementing
6 online voting in this state.
7 (29) To facilitate the development of a network access
8 point in this state, as needed.
9 (30) To designate a State Chief Privacy Officer who
10 shall be responsible for the continual review of policies,
11 laws, rules, and practices of state agencies which may affect
12 the privacy concerns of state residents.
13 Section 12. Section 282.103, Florida Statutes, is
14 amended to read:
15 282.103 SUNCOM Network; exemptions from the required
16 use.--
17 (1) There is created within the State Technology
18 Office of the Department of Management Services the SUNCOM
19 Network which shall be developed to serve as the state
20 communications system for providing local and long-distance
21 communications services to state agencies, political
22 subdivisions of the state, municipalities, and nonprofit
23 corporations pursuant to ss. 282.101-282.111. The SUNCOM
24 Network shall be developed to transmit all types of
25 communications signals, including, but not limited to, voice,
26 data, video, image, and radio. State agencies shall cooperate
27 and assist in the development and joint use of communications
28 systems and services.
29 (2) The State Technology Office of the Department of
30 Management Services shall design, engineer, implement, manage,
31 and operate through state ownership, commercial leasing, or
36
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 some combination thereof, the facilities and equipment
2 providing SUNCOM Network services, and shall develop a system
3 of equitable billings and charges for communication services.
4 (3) All state agencies are required to use the SUNCOM
5 Network for agency communications services as the services
6 become available; however, no agency is relieved of
7 responsibility for maintaining communications services
8 necessary for effective management of its programs and
9 functions. If a SUNCOM Network service does not meet the
10 communications requirements of an agency, the agency shall
11 notify the State Technology Office of the Department of
12 Management Services in writing and detail the requirements for
13 that communications service. If the office is unable to meet
14 an agency's requirements by enhancing SUNCOM Network service,
15 the office may shall grant the agency an exemption from the
16 required use of specified SUNCOM Network services.
17 Section 13. Section 282.104, Florida Statutes, is
18 amended to read:
19 282.104 Use of state SUNCOM Network by
20 municipalities.--Any municipality may request the State
21 Technology Office of the Department of Management Services to
22 provide any or all of the SUNCOM Network's portfolio of
23 communications services upon such terms and under such
24 conditions as the office department may establish. The
25 requesting municipality shall pay its share of installation
26 and recurring costs according to the published rates for
27 SUNCOM Network services and as invoiced by the office. Such
28 municipality shall also pay for any requested modifications to
29 existing SUNCOM Network services, if any charges apply.
30 Section 14. Subsection (1) of section 282.105, Florida
31 Statutes, is amended to read:
37
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 282.105 Use of state SUNCOM Network by nonprofit
2 corporations.--
3 (1) The State Technology Office of the Department of
4 Management Services shall provide a means whereby private
5 nonprofit corporations under contract with state agencies or
6 political subdivisions of the state may use the state SUNCOM
7 Network, subject to the limitations in this section. In order
8 to qualify to use the state SUNCOM Network, a nonprofit
9 corporation shall:
10 (a) Expend the majority of its total direct revenues
11 for the provision of contractual services to the state, a
12 municipality, or a political subdivision of the state; and
13 (b) Receive only a small portion of its total revenues
14 from any source other than a state agency, a municipality, or
15 a political subdivision of the state during the period of time
16 SUNCOM Network services are requested.
17 Section 15. Section 282.106, Florida Statutes, is
18 amended to read:
19 282.106 Use of SUNCOM Network by libraries.--The State
20 Technology Office of the Department of Management Services may
21 provide SUNCOM Network services to any library in the state,
22 including libraries in public schools, community colleges, the
23 State University System, and nonprofit private postsecondary
24 educational institutions, and libraries owned and operated by
25 municipalities and political subdivisions.
26 Section 16. Subsection (1), paragraphs (f) and (g) of
27 subsection (2), and subsections (3), (4), and (5) of section
28 282.1095, Florida Statutes, are amended to read:
29 282.1095 State agency law enforcement radio system.--
30 (1) The State Technology Office of the Department of
31 Management Services may acquire and implement a statewide
38
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 radio communications system to serve law enforcement units of
2 state agencies, and to serve local law enforcement agencies
3 through a mutual aid channel. The Joint Task Force on State
4 Agency Law Enforcement Communications is established in the
5 State Technology Office of the Department of Management
6 Services to advise the office of member-agency needs for the
7 planning, designing, and establishment of the joint system.
8 The State Agency Law Enforcement Radio System Trust Fund is
9 established in the State Technology Office of the Department
10 of Management Services. The trust fund shall be funded from
11 surcharges collected under ss. 320.0802 and 328.72.
12 (2)
13 (f) The State Technology Office of the Department of
14 Management Services is hereby authorized to rent or lease
15 space on any tower under its control. The office may also
16 rent, lease, or sublease ground space as necessary to locate
17 equipment to support antennae on the towers. The costs for
18 use of such space shall be established by the office for each
19 site, when it is determined to be practicable and feasible to
20 make space available. The office may refuse to lease space on
21 any tower at any site. All moneys collected by the office for
22 such rents, leases, and subleases shall be deposited directly
23 into the State Agency Law Enforcement Radio Operating System
24 Trust Fund and may be used by the office to construct,
25 maintain, or support the system.
26 (g) The State Technology Office of the Department of
27 Management Services is hereby authorized to rent, lease, or
28 sublease ground space on lands acquired by the office for the
29 construction of privately owned or publicly owned towers. The
30 office may, as a part of such rental, lease, or sublease
31 agreement, require space on said tower or towers for antennae
39
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 as may be necessary for the construction and operation of the
2 state agency law enforcement radio system or any other state
3 need. The positions necessary for the office to accomplish its
4 duties under this paragraph and paragraph (f) shall be
5 established in the General Appropriations Act and shall be
6 funded by the State Agency Law Enforcement Radio Operating
7 System Trust Fund.
8 (3) Upon appropriation, moneys in the trust fund may
9 be used by the office to acquire by competitive procurement
10 the equipment; software; and engineering, administrative, and
11 maintenance services it needs to construct, operate, and
12 maintain the statewide radio system. Moneys in the trust fund
13 collected as a result of the surcharges set forth in ss.
14 320.0802 and 328.72 shall be used to help fund the costs of
15 the system. Upon completion of the system, moneys in the
16 trust fund may also be used by the office to provide for
17 payment of the recurring maintenance costs of the system.
18 Moneys in the trust fund may be appropriated to maintain and
19 enhance, over and above existing agency budgets, existing
20 radio equipment systems of the state agencies represented by
21 the task force members, in an amount not to exceed 10 percent
22 per year per agency, of the existing radio equipment inventory
23 until the existing radio equipment can be replaced pursuant to
24 implementation of the statewide radio communications system.
25 (4)(a) The office joint task force shall establish
26 policies, procedures, and standards which shall be
27 incorporated into a comprehensive management plan for the use
28 and operation of the statewide radio communications system.
29 (b) The joint task force, in consultation with the
30 office, shall have the authority to permit other state
31
40
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 agencies to use the communications system, under terms and
2 conditions established by the joint task force.
3 (5)(a) The State Technology office of the Department
4 of Management Services shall provide technical support to the
5 joint task force and shall bear the overall responsibility for
6 the design, engineering, acquisition, and implementation of
7 the statewide radio communications system and for ensuring the
8 proper operation and maintenance of all system common
9 equipment.
10 (b) The positions necessary for the office to
11 accomplish its duties under this section shall be established
12 through the budgetary process and shall be funded by the State
13 Agency Law Enforcement Radio System Trust Fund.
14 Section 17. Section 282.111, Florida Statutes, is
15 amended to read:
16 282.111 Statewide system of regional law enforcement
17 communications.--
18 (1) It is the intent and purpose of the Legislature
19 that a statewide system of regional law enforcement
20 communications be developed whereby maximum efficiency in the
21 use of existing radio channels is achieved in order to deal
22 more effectively with the apprehension of criminals and the
23 prevention of crime generally. To this end, all law
24 enforcement agencies within the state are directed to provide
25 the State Technology Office of the Department of Management
26 Services with any information the office requests for the
27 purpose of implementing the provisions of subsection (2).
28 (2) The State Technology Office of the Department of
29 Management Services is hereby authorized and directed to
30 develop and maintain a statewide system of regional law
31 enforcement communications. In formulating such a system, the
41
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 office shall divide the state into appropriate regions and
2 shall develop a program which shall include, but not be
3 limited to, the following provisions:
4 (a) The communications requirements for each county
5 and municipality comprising the region.
6 (b) An interagency communications provision which
7 shall depict the communication interfaces between municipal,
8 county, and state law enforcement entities which operate
9 within the region.
10 (c) Frequency allocation and use provision which shall
11 include, on an entity basis, each assigned and planned radio
12 channel and the type of operation, simplex, duplex, or
13 half-duplex, on each channel.
14 (3) The office shall adopt any necessary rules and
15 regulations for implementing and coordinating the statewide
16 system of regional law enforcement communications.
17 (4) The Chief Information Officer of the State
18 Technology Office or his or her designee is designated as the
19 director of the statewide system of regional law enforcement
20 communications and, for the purpose of carrying out the
21 provisions of this section, is authorized to coordinate the
22 activities of the system with other interested state agencies
23 and local law enforcement agencies.
24 (5) No law enforcement communications system shall be
25 established or present system expanded without the prior
26 approval of the State Technology Office of the Department of
27 Management Services.
28 (6) Within the limits of its capability, the
29 Department of Law Enforcement is encouraged to lend assistance
30 to the State Technology Office of the Department of Management
31 Services in the development of the statewide system of
42
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 regional law enforcement communications proposed by this
2 section.
3 Section 18. Section 282.20, Florida Statutes, is
4 amended to read:
5 282.20 Technology Resource Center.--
6 (1)(a) The State Technology Office of the Department
7 of Management Services shall operate and manage the Technology
8 Resource Center.
9 (b) For the purposes of this section, the term:
10 1. "Office" means the State Technology Office of the
11 Department of Management Services.
12 1.2. "Information-system utility" means a full-service
13 information-processing facility offering hardware, software,
14 operations, integration, networking, and consulting services.
15 2.3. "Customer" means a state agency or other entity
16 which is authorized to utilize the SUNCOM Network pursuant to
17 this part.
18 (2) The Technology Resource Center shall:
19 (a) Serve the office and other customers as an
20 information-system utility.
21 (b) Cooperate with customers to offer, develop, and
22 support a wide range of services and applications needed by
23 users of the Technology Resource Center.
24 (c) Cooperate with the Florida Legal Resource Center
25 of the Department of Legal Affairs and other state agencies to
26 develop and provide access to repositories of legal
27 information throughout the state.
28 (d) Cooperate with the office to facilitate
29 interdepartmental networking and integration of network
30 services for its customers.
31
43
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 (e) Assist customers in testing and evaluating new and
2 emerging technologies that could be used to meet the needs of
3 the state.
4 (3) The office may contract with customers to provide
5 any combination of services necessary for agencies to fulfill
6 their responsibilities and to serve their users.
7 (4) Acceptance of any new customer other than a state
8 agency which is expected to pay during the initial 12 months
9 of use more than 5 percent of the previous year's revenues of
10 the Technology Resource Center shall be contingent upon
11 approval of the Office of Planning and Budgeting in a manner
12 similar to the budget amendment process in s. 216.181.
13 (4)(5) The Technology Resource Center may plan,
14 design, establish pilot projects for, and conduct experiments
15 with information technology resources, and may implement
16 enhancements in services when such implementation is
17 cost-effective. Funding for experiments and pilot projects
18 shall be derived from service revenues and may not exceed 5
19 percent of the service revenues for the Technology Resource
20 Center for any single fiscal year. Any experiment, pilot
21 project, plan, or design must be approved by the Chief
22 Information Officer of the State Technology Office.
23 (5)(6) Notwithstanding the provisions of s. 216.272,
24 the Technology Resource Center may spend the funds in the
25 reserve account of the Technology Enterprise Operating Trust
26 Fund its working capital trust fund for enhancements to center
27 operations or for information technology resources. Any
28 expenditure of reserve account funds must be approved by the
29 Chief Information Officer of the State Technology Office. Any
30 funds remaining in the reserve account at the end of the
31 fiscal year may be carried forward and spent as approved by
44
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 the Chief Information Officer of the State Technology Office,
2 provided that such approval conforms to any applicable
3 provisions of chapter 216.
4 Section 19. Section 282.21, Florida Statutes, is
5 amended to read:
6 282.21 The State Technology Office's Office of the
7 Department of Management Services' electronic access
8 services.--The State Technology Office of the Department of
9 Management Services may collect fees for providing remote
10 electronic access pursuant to s. 119.085. The fees may be
11 imposed on individual transactions or as a fixed subscription
12 for a designated period of time. All fees collected under
13 this section shall be deposited in the appropriate trust fund
14 of the program or activity that made the remote electronic
15 access available.
16 Section 20. Subsections (1) and (2) of section 282.22,
17 Florida Statutes, are amended to read:
18 282.22 The State Technology Office; of the Department
19 of Management Services production, and dissemination, and
20 ownership of materials and products.--
21 (1) It is the intent of the Legislature that when
22 materials, products, information, and services are acquired
23 collected or developed by or under the direction of the State
24 Technology Office of the Department of Management Services,
25 through research and development or other efforts, including
26 those subject to copyright, patent, or trademark, they shall
27 be made available for use by state and local government
28 entities at the earliest practicable date and in the most
29 economical and efficient manner possible and consistent with
30 chapter 119.
31
45
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 (2) To accomplish this objective the office is
2 authorized to publish or partner with private sector entities
3 to produce or have produced materials and products and to make
4 them readily available for appropriate use. The office is
5 authorized to charge an amount or receive value-added services
6 adequate to cover the essential cost of producing and
7 disseminating such materials, information, services, or
8 products and is authorized to sell services, when appropriate,
9 to any entity who is authorized to use the SUNCOM Network
10 pursuant to this part and to the public.
11 Section 21. Section 282.23, Florida Statutes, is
12 created to read:
13 282.23 State Strategic Information Technology
14 Alliance.--
15 (1) The State Technology Office, in consultation with
16 the Department of Management Services, may establish a State
17 Strategic Information Technology Alliance for the acquisition
18 and use of information technology and related material in
19 accordance with competitive procurement provisions of chapter
20 287.
21 (2) The State Technology Office, in consultation with
22 the Department of Management Services, shall adopt rules
23 implementing policies and procedures applicable to
24 establishing the strategic alliances with prequalified
25 contractors or partners to provide the state with efficient,
26 cost-effective, and advanced information technology.
27 Section 22. Section 282.3041, Florida Statutes, is
28 repealed:
29 282.3041 State agency responsibilities.--The head of
30 each state agency, in consultation with the State Technology
31 Office, is responsible and accountable for enterprise resource
46
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 planning and management within the agency in accordance with
2 legislative intent and as defined in this part.
3 Section 23. Section 282.3055, Florida Statutes, is
4 amended to read:
5 282.3055 Agency Chief Information Officer;
6 appointment; duties.--
7 (1)(a) To assist the State Technology Officer agency
8 head in carrying out the enterprise resource planning and
9 management responsibilities, the Chief Information Officer may
10 agency head shall appoint, in consultation with the State
11 Technology Office, or contract for an Agency a Chief
12 Information Officer at a level commensurate with the role and
13 importance of information technology resources in the agency.
14 This position may be full time or part time.
15 (b) The Agency Chief Information Officer must, at a
16 minimum, have knowledge and experience in both management and
17 information technology resources.
18 (2) The duties of the Agency Chief Information Officer
19 include, but are not limited to:
20 (a) Coordinating and facilitating agency enterprise
21 resource planning and management projects and initiatives.
22 (b) Preparing an agency annual report on enterprise
23 resource planning and management pursuant to s. 282.3063.
24 (c) Developing and implementing agency enterprise
25 resource planning and management policies, procedures, and
26 standards, including specific policies and procedures for
27 review and approval of the agency's purchases of information
28 technology resources in accordance with the office's policies
29 and procedures.
30
31
47
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 (d) Advising agency senior management as to the
2 enterprise resource planning and management needs of the
3 agency for inclusion in planning documents required by law.
4 (e) Assisting in the development and prioritization of
5 the enterprise resource planning and management schedule of
6 the agency's legislative budget request.
7 Section 24. Subsection (1) of section 282.3063,
8 Florida Statutes, is amended to read:
9 282.3063 Agency Annual Enterprise Resource Planning
10 and Management Report.--
11 (1) By September 1 of each year, and for the State
12 University System within 90 days after completion of the
13 expenditure analysis developed pursuant to s. 240.271(4), each
14 Agency Chief Information Officer shall prepare and submit to
15 the State Technology Office an Agency Annual Enterprise
16 Resource Planning and Management Report. Following
17 consultation with the State Technology Office and the Agency
18 Chief Information Officers Council, the Executive Office of
19 the Governor and the fiscal committees of the Legislature
20 shall jointly develop and issue instructions for the format
21 and contents of the report.
22 Section 25. Subsections (1) and (2) of section
23 282.315, Florida Statutes, are amended to read:
24 282.315 Agency Chief Information Officers Council;
25 creation.--The Legislature finds that enhancing communication,
26 consensus building, coordination, and facilitation of
27 statewide enterprise resource planning and management issues
28 is essential to improving state management of such resources.
29 (1) There is created an Agency a Chief Information
30 Officers Council to:
31
48
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 (a) Enhance communication among the Agency Chief
2 Information Officers of state agencies by sharing enterprise
3 resource planning and management experiences and exchanging
4 ideas.
5 (b) Facilitate the sharing of best practices that are
6 characteristic of highly successful technology organizations,
7 as well as exemplary information technology applications of
8 state agencies.
9 (c) Identify efficiency opportunities among state
10 agencies.
11 (d) Serve as an educational forum for enterprise
12 resource planning and management issues.
13 (e) Assist the State Technology Office in identifying
14 critical statewide issues and, when appropriate, make
15 recommendations for solving enterprise resource planning and
16 management deficiencies.
17 (2) Members of the council shall include the Agency
18 Chief Information Officers of all state agencies, including
19 the Chief Information Officers of the agencies and
20 governmental entities enumerated in s. 282.3031, except that
21 there shall be one Chief Information Officer selected by the
22 state attorneys and one Chief Information Officer selected by
23 the public defenders. The chairs, or their designees, of the
24 Geographic Information Board, the Florida Financial Management
25 Information System Coordinating Council, the Criminal and
26 Juvenile Justice Information Systems Council, and the Health
27 Information Systems Council shall represent their respective
28 organizations on the Chief Information Officers Council as
29 voting members.
30 Section 26. Subsection (2) of section 282.318, Florida
31 Statutes, is amended to read:
49
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 282.318 Security of data and information technology
2 resources.--
3 (2)(a) Each agency head, in consultation with The
4 State Technology Office, in consultation with each agency
5 head, is responsible and accountable for assuring an adequate
6 level of security for all data and information technology
7 resources of each the agency and, to carry out this
8 responsibility, shall, at a minimum:
9 1. Designate an information security manager who shall
10 administer the security program of each the agency for its
11 data and information technology resources.
12 2. Conduct, and periodically update, a comprehensive
13 risk analysis to determine the security threats to the data
14 and information technology resources of each the agency. The
15 risk analysis information is confidential and exempt from the
16 provisions of s. 119.07(1), except that such information shall
17 be available to the Auditor General in performing his or her
18 postauditing duties.
19 3. Develop, and periodically update, written internal
20 policies and procedures to assure the security of the data and
21 information technology resources of each the agency. The
22 internal policies and procedures which, if disclosed, could
23 facilitate the unauthorized modification, disclosure, or
24 destruction of data or information technology resources are
25 confidential information and exempt from the provisions of s.
26 119.07(1), except that such information shall be available to
27 the Auditor General in performing his or her postauditing
28 duties.
29 4. Implement appropriate cost-effective safeguards to
30 reduce, eliminate, or recover from the identified risks to the
31 data and information technology resources of each the agency.
50
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1811, Second Engrossed
1 5. Ensure that periodic internal audits and
2 evaluations of each the security program for the data and
3 information technology resources of the agency are conducted.
4 The results of such internal audits and evaluations are
5 confidential information and exempt from the provisions of s.
6 119.07(1), except that such information shall be available to
7 the Auditor General in performing his or her postauditing
8 duties.
9 6. Include appropriate security requirements, as
10 determined by the State Technology Office, in consultation
11 with each agency head, in the written specifications for the
12 solicitation of information technology resources.
13 (b) In those instances in which the State Technology
14 Office of the Department of Management Services develops state
15 contracts for use by state agencies, the office department
16 shall include appropriate security requirements in the
17 specifications for the solicitation for state contracts for
18 procuring information technology resources.
19 Section 27. 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
51
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
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
52
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
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
53
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
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
54
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
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
55
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
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
56
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
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
31
57
CODING: Words stricken are deletions; words underlined are additions.