HB 1237 2003
1	A bill to be entitled
2	An act relating to the State Technology Office; amending
3	s. 282.0041, F.S.; defining "enterprise," "enterprise cost
4	recovery," "enterprise program management office,"
5	"enterprise technology services desk," "portal," "service
6	level agreements," and "State Chief Information Officer";
7	amending s. 282.005, F.S.; conforming references; amending
8	s. 282.102, F.S.; revising powers and duties of the State
9	Technology Office; revising title of the head of that
10	office; providing for service level agreements, an
11	enterprise technology services desk, a centralized
12	enterprise portal, and enterprise information technology
13	systems and tools and services; amending s. 282.106, F.S.,
14	relating to use of SUNCOM Network by libraries; requiring
15	library to pay certain costs at specified rates; amending
16	ss. 282.1095 and 282.111, F.S.; conforming references;
17	amending s. 282.20, F.S.; renaming the Technology Resource
18	Center as the Shared Resource Center; providing for
19	oversight and management by said office; amending s.
20	282.3055, F.S.; conforming references; amending s.
21	282.315, F.S.; providing that the Agency Chief Information
22	Officers Council shall be chaired by the State Chief
23	Information Officer; revising duties of agency chief
24	information officers; amending s. 282.322, F.S.;
25	redesignating the Enterprise Project Management Office of
26	the State Technology Office as the Enterprise Program
27	Management Office; revising duties of that office;
28	amending s. 11.45, F.S.; deleting a requirement that the
29	Auditor General conduct annual audits of the Wireless
30	Emergency Telephone System Fund; amending ss. 110.205,
31	216.235, 216.292, and 395.1031, F.S.; conforming
32	references; amending ss. 401.013, 401.015, 401.018,
33	401.021, 401.024, 401.027, and 401.245, F.S., relating to
34	intention and purpose of the Legislature, statewide
35	regional emergency medical telecommunication system,
36	system coordination, system director, system approval,
37	federal assistance, and the Emergency Medical Services
38	Advisory Council; deleting reference to the Department of
39	Management Services; providing reference to the State
40	Technology Office; deleting reference to the secretary of
41	that department; providing reference to the State Chief
42	Information Officer; providing an effective date.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1. Subsections (5), (6), (7), (8), (9), (10),
47	(11), and (12) of section 282.0041, Florida Statutes, are
48	amended to read:
49	282.0041 Definitions.--For the purposes of this part, the
50	term:
51	(5) "Enterprise" means an organization in total, including
52	all subordinate entities, encompassing governmental bodies as
53	well as nonprofit organizations eligible for services as defined
54	in chapter 282.
55	(6) "Enterprise cost recovery" means the practice of
56	recovering the costs associated with providing information
57	technology and telecommunications services.
58	(7) "Enterprise program management office" means the
59	office responsible for management or oversight of major
60	information technology projects.
61	(8)(5)"Enterprise resources management infrastructure"
62	means the hardware, software, networks, data, human resources,
63	policies, standards, facilities, maintenance, and related
64	materials and services that are required to support the business
65	processes of an agency or state enterprise.
66	(9)(6)"Enterprise resource planning and management" means
67	the planning, budgeting, acquiring, developing, organizing,
68	directing, training, control, and related services associated
69	with government information technology. The term encompasses
70	information and related resources, as well as the controls
71	associated with their acquisition, development, dissemination,
72	and use.
73	(10) "Enterprise technology services desk" means a
74	solution that provides information technology services support
75	to all entities within an enterprise, and for facilitating
76	enterprise data security monitoring and alerts, reporting,
77	network and performance monitoring, asset management, change
78	management, and technology systems capacity and configuration
79	management resulting in effective sharing of resources and
80	information across the enterprise.
81	(11)(7)"Information technology" means equipment,
82	hardware, software, firmware, programs, systems, networks,
83	infrastructure, media, and related material used to
84	automatically, electronically, and wirelessly collect, receive,
85	access, transmit, display, store, record, retrieve, analyze,
86	evaluate, process, classify, manipulate, manage, assimilate,
87	control, communicate, exchange, convert, converge, interface,
88	switch, or disseminate information of any kind or form.
89	(12) "Portal" means a single point of entry to state
90	information and services on the Internet.
91	(13)(8)"Project" means an undertaking directed at the
92	accomplishment of a strategic objective relating to enterprise
93	resources management or a specific appropriated program.
94	(14) "Service level agreements" means a baseline of
95	expectations and the roles and responsibilities for information
96	technology services in accordance with s. 282.005(5). This
97	agreement sets service provider and recipient expectations,
98	describes the products or services to be delivered, identifies
99	contacts for end-user problems, and specifies the metrics by
100	which the effectiveness of service activities, functions, and
101	processes will be measured, examined, changed, and controlled.
102	(15)(9)"State Annual Report on Enterprise Resource
103	Planning and Management" means the report prepared by the State
104	Technology Office as defined in s. 282.102.
105	(16) "State Chief Information Officer" means the
106	individual identified in s. 282.102 who is appointed by the
107	Governor, is in the Senior Management Service, is an agency head
108	for all purposes, and is responsible for carrying out the
109	powers, duties, and functions as defined in s. 282.102.
110	(17)(10)"Standards" means the use of current, open,
111	nonproprietary, or non-vendor-specific technologies.
112	(18)(11)"State Technology Office" or "office" means the
113	office created in s. 282.102.
114	(19)(12)"Total cost" means all costs associated with
115	information technology projects or initiatives, including, but
116	not limited to, value of hardware, software, service,
117	maintenance, incremental personnel, and facilities. Total cost
118	of a loan or gift of information technology resources to an
119	agency includes the fair market value of the resources, except
120	that the total cost of loans or gifts of information technology
121	to state universities to be used in instruction or research does
122	not include fair market value.
123	Section 2. Subsection (4) of section 282.005, Florida
124	Statutes, is amended to read:
125	282.005 Legislative findings and intent.--The Legislature
126	finds that:
127	(4) The cost-effective deployment of information
128	technology by state agencies can best be managed by a State
129	Chief Information Officer.
130	Section 3. Section 282.102, Florida Statutes, is amended
131	to read:
132	282.102 Creation of the State Technology Office; powers
133	and duties.--There is created a State Technology Office within
134	the Department of Management Services. The office shall be a
135	separate budget entity, and shall be headed by a StateChief
136	Information Officer who is appointed by the Governor and is in
137	the Senior Management Service. The StateChief Information
138	Officer shall be an agency head for all purposes. The Department
139	of Management Services shall provide administrative support and
140	service to the office to the extent requested by the StateChief
141	Information Officer. The office may adopt policies and
142	procedures regarding personnel, procurement, and transactions
143	for State Technology Office personnel. The office shall have the
144	following powers, duties, and functions:
145	(1) To publish electronically the portfolio of services
146	available from the office, including pricing information; the
147	policies and procedures of the office governing usage of
148	available services; and a forecast of the priorities and
149	initiatives for the state communications system for the ensuing
150	2 years.
151	(2) To adopt rules implementing policies and procedures
152	providing best practices to be followed by agencies in
153	acquiring, using, upgrading, modifying, replacing, or disposing
154	of information technology.
155	(3) To perform, in consultation with an agency, the
156	enterprise resource planning and management for the agency.
157	(4) To advise and render aid tostate agencies and
158	political subdivisions of the state as to systems or methods to
159	be used for organizing and meeting information technology
160	requirements efficiently and effectively.
161	(5) To integrate the information technology systems and
162	services of state agencies.
163	(6) To adopt technical standards for the state information
164	technology system which will assure the interconnection of
165	computer networks and information systems of agencies.
166	(7) To assume management responsibility for any integrated
167	information technology system or service when determined by the
168	office to be economically efficient or performance-effective.
169	(8) To enter into service levelagreements related to
170	information technology with state agencies and political
171	subdivisions of the state.
172	(9) To use and acquire, with agency concurrence,
173	information technology now owned or operated by any agency.
174	(10) To purchase from or contract with information
175	technology providers for information technology, including
176	private line services.
177	(11) To apply for, receive, and hold, and to assist
178	agencies in applying for, receiving, or holding, such
179	authorizations, patents, copyrights, trademarks, service marks,
180	licenses, and allocations or channels and frequencies to carry
181	out the purposes of this part.
182	(12) To purchase, lease, or otherwise acquire and to hold,
183	sell, transfer, license, or otherwise dispose of real, personal,
184	and intellectual property, including, but not limited to,
185	patents, trademarks, copyrights, and service marks.
186	(13) To cooperate with any federal, state, or local
187	emergency management agency in providing for emergency
188	communications services.
189	(14) To delegate, as necessary, to state agencies the
190	authority to purchase, lease, or otherwise acquire and to use
191	information technology or, as necessary, to control and approve
192	the purchase, lease, or acquisition and the use of all
193	information technology, including, but not limited to,
194	communications services provided as part of any other total
195	system to be used by the state or any of its agencies.
196	(15) To acquire ownership, possession, custody, and
197	control of existing communications equipment and facilities,
198	including all right, title, interest, and equity therein, as
199	necessary, to carry out the purposes of this part. However, the
200	provisions of this subsection shall in no way affect the rights,
201	title, interest, or equity in any such equipment or facilities
202	owned by, or leased to, the state or any state agency by any
203	telecommunications company.
204	(16) To adopt rules pursuant to ss. 120.536(1) and 120.54
205	relating to information technology and to administer the
206	provisions of this part.
207	(17) To provide a means whereby political subdivisions of
208	the state may use state information technology systems upon such
209	terms and under such conditions as the office may establish.
210	(18) To apply for and accept federal funds for any of the
211	purposes of this part as well as gifts and donations from
212	individuals, foundations, and private organizations.
213	(19) To monitor issues relating to communications
214	facilities and services before the Florida Public Service
215	Commission and, when necessary, prepare position papers, prepare
216	testimony, appear as a witness, and retain witnesses on behalf
217	of state agencies in proceedings before the commission.
218	(20) Unless delegated to the agencies by the StateChief
219	Information Officer, to manage and control, but not intercept or
220	interpret, communications within the SUNCOM Network by:
221	(a) Establishing technical standards to physically
222	interface with the SUNCOM Network.
223	(b) Specifying how communications are transmitted within
224	the SUNCOM Network.
225	(c) Controlling the routing of communications within the
226	SUNCOM Network.
227	(d) Establishing standards, policies, and procedures for
228	access to the SUNCOM Network.
229	(e) Ensuring orderly and reliable communications services
230	in accordance with the service level agreements executed with
231	state agencies.
232	(21) To plan, design, and conduct experiments for
233	information technology services, equipment, and technologies,
234	and to implement enhancements in the state information
235	technology system when in the public interest and cost-
236	effective. Funding for such experiments shall be derived from
237	SUNCOM Network service revenues and shall not exceed 2 percent
238	of the annual budget for the SUNCOM Network for any fiscal year
239	or as provided in the General Appropriations Act. New services
240	offered as a result of this subsection shall not affect existing
241	rates for facilities or services.
242	(22) To enter into contracts or agreements, with or
243	without competitive bidding or procurement, to make available,
244	on a fair, reasonable, and nondiscriminatory basis, property and
245	other structures under office control for the placement of new
246	facilities by any wireless provider of mobile service as defined
247	in 47 U.S.C. s. 153(n) or s. 332(d) and any telecommunications
248	company as defined in s. 364.02 when it is determined to be
249	practical and feasible to make such property or other structures
250	available. The office may, without adopting a rule, charge a
251	just, reasonable, and nondiscriminatory fee for the placement of
252	the facilities, payable annually, based on the fair market value
253	of space used by comparable communications facilities in the
254	state. The office and a wireless provider or telecommunications
255	company may negotiate the reduction or elimination of a fee in
256	consideration of services provided to the office by the wireless
257	provider or telecommunications company. All such fees collected
258	by the office shall be deposited directly into the Law
259	Enforcement Radio Operating Trust Fund, and may be used by the
260	office to construct, maintain, or support the system.
261	(23) To provide an integrated electronic system for
262	deploying government products, services, and information to
263	individuals and businesses.
264	(a) The integrated electronic system shall reflect cost-
265	effective deployment strategies in keeping with industry
266	standards and practices, including protections and security of
267	private information as well as maintenance of public records.
268	(b) The office shall provide a method for assessing fiscal
269	accountability for the integrated electronic system and shall
270	establish the organizational structure required to implement
271	this system.
272	(24) To provide administrative support to the Agency Chief
273	Information Officers Council and other workgroups created by the
274	StateChief Information Officer.
275	(25) To facilitate state information technology education
276	and training for senior management and other agency staff.
277	(26) To prepare, on behalf of the Executive Office of the
278	Governor, memoranda on recommended guidelines and best practices
279	for information resources management, when requested.
280	(27) To prepare, publish, and disseminate the State Annual
281	Report on Enterprise Resource Planning and Management under s.
282	282.310.
283	(28) To deploy an enterprise technology services desk to
284	facilitate management of information technology systems, and
285	provide enterprise-wide reporting, asset management, capacity
286	management, configuration management, monitoring of networks and
287	security, disaster recovery support, and emergency alerts and
288	messagingstudy and make a recommendation to the Governor and
289	Legislature on the feasibility of implementing online voting in
290	this state.
291	(29) To facilitate the development of a network access
292	point in this state, as needed.
293	(30) To designate a State Chief Privacy Officer who shall
294	be responsible for the continual review of policies, laws,
295	rules, and practices of state agencies which may affect the
296	privacy concerns of state residents.
297	(31) To develop and operate a centralized enterprise
298	portal, which will serve as the single point of entry for access
299	to state services, websites, and information. The enterprise
300	portal will promulgate or sponsor enterprise tools and services
301	for use by all agencies to ensure compliance with standards,
302	including content management and site compliance.
303	(32) To establish enterprise information technology
304	systems, tools, and services that meet established standards.
305	(33) To develop and own or sponsor any system, tool, or
306	service to be promulgated at an enterprise level.
307	Section 4. Section 282.106, Florida Statutes, is amended
308	to read:
309	282.106 Use of SUNCOM Network by libraries.--The State
310	Technology Office may provide SUNCOM Network services to any
311	library in the state, including libraries in public schools,
312	community colleges, state universities, and nonprofit private
313	postsecondary educational institutions, and libraries owned and
314	operated by municipalities and political subdivisions. A library
315	shall pay installation costs and recurring costs according to
316	the office's published rates for SUNCOM Network services.
317	Section 5. Paragraph (a) of subsection (2) of section
318	282.1095, Florida Statutes, is amended to read:
319	282.1095 State agency law enforcement radio system.--
320	(2)(a) The Joint Task Force on State Agency Law
321	Enforcement Communications shall consist of eight members, as
322	follows:
323	1. A representative of the Division of Alcoholic Beverages
324	and Tobacco of the Department of Business and Professional
325	Regulation who shall be appointed by the secretary of the
326	department.
327	2. A representative of the Division of Florida Highway
328	Patrol of the Department of Highway Safety and Motor Vehicles
329	who shall be appointed by the executive director of the
330	department.
331	3. A representative of the Department of Law Enforcement
332	who shall be appointed by the executive director of the
333	department.
334	4. A representative of the Fish and Wildlife Conservation
335	Commission who shall be appointed by the executive director of
336	the commission.
337	5. A representative of the Division of Law Enforcement of
338	the Department of Environmental Protection who shall be
339	appointed by the secretary of the department.
340	6. A representative of the Department of Corrections who
341	shall be appointed by the secretary of the department.
342	7. A representative of the Division of State Fire Marshal
343	of the Department of Financial ServicesInsurancewho shall be
344	appointed by the Chief Financial OfficerState Fire Marshal.
345	8. A representative of the Department of Transportation
346	who shall be appointed by the secretary of the department.
347	Section 6. Subsection (4) of section 282.111, Florida
348	Statutes, is amended to read:
349	282.111 Statewide system of regional law enforcement
350	communications.--
351	(4) The State Chief Information Officer of the State
352	Technology Officeor his or her designee is designated as the
353	director of the statewide system of regional law enforcement
354	communications and, for the purpose of carrying out the
355	provisions of this section, is authorized to coordinate the
356	activities of the system with other interested state agencies
357	and local law enforcement agencies.
358	Section 7. Section 282.20, Florida Statutes, is amended to
359	read:
360	282.20 SharedTechnologyResource Center.--
361	(1)(a) The State Technology Office shall oversee operation
362	and management ofoperate and manage the SharedTechnology
363	Resource Center.
364	(b) For the purposes of this section, the term:
365	1. "Information-system utility" means a full-service
366	information-processing facility offering hardware, software,
367	operations, integration, networking, and consulting services.
368	2. "Customer" means a state agency or other entity which
369	is authorized to utilize the SUNCOM Network pursuant to this
370	part.
371	(2) The SharedTechnologyResource Center shall:
372	(a) Serve the office and other customers as an
373	information-system utility.
374	(b) Cooperate with customers to offer, develop, and
375	support a wide range of services and applications needed by
376	users of the SharedTechnologyResource Center.
377	(c) Cooperate with the Florida Legal Resource Center of
378	the Department of Legal Affairs and other state agencies to
379	develop and provide access to repositories of legal information
380	throughout the state.
381	(d) Cooperate with the office to facilitate
382	interdepartmental networking and integration of network services
383	for its customers.
384	(e) Assist customers in testing and evaluating new and
385	emerging technologies that could be used to meet the needs of
386	the state.
387	(3) The office may contract with customers to provide any
388	combination of services necessary for agencies to fulfill their
389	responsibilities and to serve their users.
390	(4) The SharedTechnologyResource Center may plan,
391	design, establish pilot projects for, and conduct experiments
392	with information technology resources, and may implement
393	enhancements in services when such implementation is cost-
394	effective. Funding for experiments and pilot projects shall be
395	derived from service revenues and may not exceed 5 percent of
396	the service revenues for the SharedTechnologyResource Center
397	for any single fiscal year. Any experiment, pilot project, plan,
398	or design must be approved by the StateChief Information
399	Officer.
400	(5) Notwithstanding the provisions of s. 216.272, the
401	SharedTechnologyResource Center may spend funds in the reserve
402	account of the Technology Enterprise Operating Trust Fund for
403	enhancements to center operations or for information technology
404	resources. Any expenditure of reserve account funds must be
405	approved by the StateChief Information Officer. Any funds
406	remaining in the reserve account at the end of the fiscal year
407	may be carried forward and spent as approved by the StateChief
408	Information Officer, provided that such approval conforms to any
409	applicable provisions of chapter 216.
410	Section 8. Paragraph (a) of subsection (1) of section
411	282.3055, Florida Statutes, is amended to read:
412	282.3055 Agency Chief Information OfficeOfficer;
413	appointment; duties.--
414	(1)(a) To assist the State Technology Officer in carrying
415	out the enterprise resource planning and management
416	responsibilities, the StateChief Information Officer may
417	appoint or contract for an Agency Chief Information Officer.
418	This position may be full time or part time.
419	Section 9. Paragraph (c) of subsection (1) of section
420	282.315, Florida Statutes, is amended to read:
421	282.315 Agency Chief Information Officers Council;
422	creation.--The Legislature finds that enhancing communication,
423	consensus building, coordination, and facilitation of statewide
424	enterprise resource planning and management issues is essential
425	to improving state management of such resources.
426	(1) There is created an Agency Chief Information Officers
427	Council, chaired by the State Chief Information Officer or a
428	designee,to:
429	(c) Identify efficiency opportunities among state
430	agencies. Each agency chief information officer shall focus on
431	procuring IT resources that can be used across the enterprise.
432	Section 10. Section 282.322, Florida Statutes, is amended
433	to read:
434	282.322 Special monitoring process for designated
435	information resources management projects.--
436	(1) For each information resources management project
437	which is designated for special monitoring in the General
438	Appropriations Act, with a proviso requiring a contract with a
439	project monitor, the Technology Review Workgroup established
440	pursuant to s. 216.0446, in consultation with each affected
441	agency, shall be responsible for contracting with the project
442	monitor. Upon contract award, funds equal to the contract amount
443	shall be transferred to the Technology Review Workgroup upon
444	request and subsequent approval of a budget amendment pursuant
445	to s. 216.292. With the concurrence of the Legislative Auditing
446	Committee, the office of the Auditor General shall be the
447	project monitor for other projects designated for special
448	monitoring. However, nothing in this section precludes the
449	Auditor General from conducting such monitoring on any project
450	designated for special monitoring. In addition to monitoring and
451	reporting on significant communications between a contracting
452	agency and the appropriate federal authorities, the project
453	monitoring process shall consist of evaluating each major stage
454	of the designated project to determine whether the deliverables
455	have been satisfied and to assess the level of risks associated
456	with proceeding to the next stage of the project. The major
457	stages of each designated project shall be determined based on
458	the agency's information systems development methodology. Within
459	20 days after an agency has completed a major stage of its
460	designated project or at least 90 days, the project monitor
461	shall issue a written report, including the findings and
462	recommendations for correcting deficiencies, to the agency head,
463	for review and comment. Within 20 days after receipt of the
464	project monitor's report, the agency head shall submit a written
465	statement of explanation or rebuttal concerning the findings and
466	recommendations of the project monitor, including any corrective
467	action to be taken by the agency. The project monitor shall
468	include the agency's statement in its final report, which shall
469	be forwarded, within 7 days after receipt of the agency's
470	statement, to the agency head, the inspector general's office of
471	the agency, the Executive Office of the Governor, the
472	appropriations committees of the Legislature, the Joint
473	Legislative Auditing Committee, the Technology Review Workgroup,
474	the President of the Senate, the Speaker of the House of
475	Representatives, and the Office of Program Policy Analysis and
476	Government Accountability. The Auditor General shall also
477	receive a copy of the project monitor's report for those
478	projects in which the Auditor General is not the project
479	monitor.
480	(2) The Enterprise ProgramProjectManagement Office of
481	the State Technology Office shall report any information
482	technology projects the office identifies as high-risk to the
483	Executive Office of the Governor, the President of the Senate,
484	the Speaker of the House of Representatives, and the chairs of
485	the appropriations committees. Within the limits of current
486	appropriations, the Enterprise ProgramProjectManagement Office
487	shall monitor and report on such high-risk information
488	technology projects, and assess the levels of risks associated
489	with proceeding to the next stage of the project.
490	(3) The Enterprise Program Management Office shall plan,
491	design, develop, and implement key enterprise projects as
492	determined by the State Chief Information Officer and shall be
493	involved in the planning stages of agency information technology
494	projects to ensure a comprehensive approach to technology
495	solutions. The Enterprise Program Management Office shall
496	develop enterprise integration guidelines and promulgate project
497	management standards.
498	Section 11. Paragraphs (e) through (k) of subsection (2)
499	of section 11.45, Florida Statutes, are amended to read:
500	11.45 Definitions; duties; authorities; reports; rules.--
501	(2) DUTIES.--The Auditor General shall:
502	(e) Annually conduct an audit of the Wireless Emergency
503	Telephone System Fund as described in s. 365.173.
504	(e)(f)At least every 2 years, conduct operational audits
505	of the accounts and records of state agencies and universities.
506	In connection with these audits, the Auditor General shall give
507	appropriate consideration to reports issued by state agencies'
508	inspectors general or universities' inspectors general and the
509	resolution of findings therein.
510	(f)(g)At least every 2 years, conduct a performance audit
511	of the local government financial reporting system, which, for
512	the purpose of this chapter, means any statutory provisions
513	related to local government financial reporting. The purpose of
514	such an audit is to determine the accuracy, efficiency, and
515	effectiveness of the reporting system in achieving its goals and
516	to make recommendations to the local governments, the Governor,
517	and the Legislature as to how the reporting system can be
518	improved and how program costs can be reduced. The local
519	government financial reporting system should provide for the
520	timely, accurate, uniform, and cost-effective accumulation of
521	financial and other information that can be used by the members
522	of the Legislature and other appropriate officials to accomplish
523	the following goals:
524	1. Enhance citizen participation in local government;
525	2. Improve the financial condition of local governments;
526	3. Provide essential government services in an efficient
527	and effective manner; and
528	4. Improve decisionmaking on the part of the Legislature,
529	state agencies, and local government officials on matters
530	relating to local government.
531	(g)(h)Once every 3 years, conduct performance audits of
532	the Department of Revenue's administration of the ad valorem tax
533	laws as described in s. 195.096.
534	(h)(i)Once every 3 years, conduct financial audits of the
535	accounts and records of all district school boards in counties
536	with populations of 125,000 or more, according to the most
537	recent federal decennial statewide census.
538	(i)(j)Once every 3 years, review a sample of each state
539	agency's internal audit reports to determine compliance with
540	current Standards for the Professional Practice of Internal
541	Auditing or, if appropriate, government auditing standards.
542	(j)(k)Conduct audits of local governmental entities when
543	determined to be necessary by the Auditor General, when directed
544	by the Legislative Auditing Committee, or when otherwise
545	required by law. No later than 18 months after the release of
546	the audit report, the Auditor General shall perform such
547	appropriate followup procedures as he or she deems necessary to
548	determine the audited entity's progress in addressing the
549	findings and recommendations contained within the Auditor
550	General's previous report. The Auditor General shall provide a
551	copy of his or her determination to each member of the audited
552	entity's governing body and to the Legislative Auditing
553	Committee.
554
555	The Auditor General shall perform his or her duties
556	independently but under the general policies established by the
557	Legislative Auditing Committee. This subsection does not limit
558	the Auditor General's discretionary authority to conduct other
559	audits or engagements of governmental entities as authorized in
560	subsection (3).
561	Section 12. Paragraph (e) of subsection (2) of section
562	110.205, Florida Statutes, is amended to read:
563	110.205 Career service; exemptions.--
564	(2) EXEMPT POSITIONS.--The exempt positions that are not
565	covered by this part include the following:
566	(e) The StateChief Information Officer, deputy chief
567	information officers, chief technology officers, and deputy
568	chief technology officers in the State Technology Office. Unless
569	otherwise fixed by law, the State Technology Office shall set
570	the salary and benefits of these positions in accordance with
571	the rules of the Senior Management Service.
572	Section 13. Paragraph (c) of subsection (4) of section
573	216.235, Florida Statutes, is amended to read:
574	216.235 Innovation Investment Program.--
575	(4) There is hereby created the State Innovation
576	Committee, which shall have final approval authority as to which
577	innovative investment projects submitted under this section
578	shall be funded. Such committee shall be comprised of seven
579	members. Appointed members shall serve terms of 1 year and may
580	be reappointed. The committee shall include:
581	(c) The StateChief Information Officer in the State
582	Technology Office.
583	Section 14. Subsection (9) of section 216.292, Florida
584	Statutes, is amended to read:
585	216.292 Appropriations nontransferable; exceptions.--
586	(9) Moneys appropriated in the General Appropriations Act
587	for the purpose of paying for services provided by the State
588	Technology Officestate communications system in the Department
589	of Management Servicesshall be paid by the user agencies, or
590	the judicial branch, within 45 days after the billing date.
591	Billed amounts not paid by the user agencies, or by the judicial
592	branch, shall be transferred by the Department of Financial
593	ServicesComptrollerfrom the user agencies to the
594	Communications Working Capital Trust Fund.
595	Section 15. Section 395.1031, Florida Statutes, is amended
596	to read:
597	395.1031 Emergency medical services; communication.--Each
598	licensed hospital with an emergency department must be capable
599	of communicating by two-way radio with all ground-based basic
600	life support service vehicles and advanced life support service
601	vehicles that operate within the hospital's service area under a
602	state permit and with all rotorcraft air ambulances that operate
603	under a state permit. The hospital's radio system must be
604	capable of interfacing with municipal mutual aid channels
605	designated by the State Technology OfficeDepartment of
606	Management Servicesand the Federal Communications Commission.
607	Section 16. Section 401.013, Florida Statutes, is amended
608	to read:
609	401.013 Legislative intent.--It is the intention and
610	purpose of the Legislature that a statewide system of regional
611	emergency medical telecommunications be developed whereby
612	maximum use of existing radio channels is achieved in order to
613	more effectively and rapidly provide emergency medical service
614	to the general population. To this end, all emergency medical
615	service entities within the state are directed to provide the
616	State Technology OfficeDepartment of Management Serviceswith
617	any information that officethe departmentrequests for the
618	purpose of implementing the provisions of s. 401.015, and such
619	entities shall comply with the resultant provisions established
620	pursuant to this part.
621	Section 17. Section 401.015, Florida Statutes, is amended
622	to read:
623	401.015 Statewide regional emergency medical
624	telecommunication system.--The State Technology Office
625	Department of Management Servicesis authorized and directed to
626	develop a statewide system of regional emergency medical
627	telecommunications. For the purpose of this part, the term
628	"telecommunications" means those voice, data, and signaling
629	transmissions and receptions between emergency medical service
630	components, including, but not limited to: ambulances; rescue
631	vehicles; hospitals or other related emergency receiving
632	facilities; emergency communications centers; physicians and
633	emergency medical personnel; paging facilities; law enforcement
634	and fire protection agencies; and poison control, suicide, and
635	emergency management agencies. In formulating such a system, the
636	department shall divide the state into appropriate regions and
637	shall develop a program which includes, but is not limited to,
638	the following provisions:
639	(1) A requirements provision, which shall state the
640	telecommunications requirements for each emergency medical
641	entity comprising the region.
642	(2) An interfacility communications provision, which shall
643	depict the telecommunications interfaces between the various
644	medical service entities which operate within the region and
645	state.
646	(3) An organizational layout provision, which shall
647	include each emergency medical entity and the number of radio
648	operating units (base, mobile, handheld, etc.) per entity.
649	(4) A frequency allocation and use provision, which shall
650	include on an entity basis each assigned and planned radio
651	channel and the type of operation (simplex, duplex, half duplex,
652	etc.) on each channel.
653	(5) An operational provision, which shall include
654	dispatching, logging, and operating procedures pertaining to
655	telecommunications on an entity basis and regional basis.
656	(6) An emergency medical service telephone provision,
657	which shall include the telephone and the numbering plan
658	throughout the region for both the public and interface
659	requirements.
660	Section 18. Section 401.018, Florida Statutes, is amended
661	to read:
662	401.018 System coordination.--
663	(1) The statewide system of regional emergency medical
664	telecommunications shall be developed by the State Technology
665	OfficeDepartment of Management Services, which office
666	departmentshall be responsible for the implementation and
667	coordination of such system into the state telecommunications
668	plan. The officedepartmentshall adopt any necessary rules and
669	regulations for implementing and coordinating such a system.
670	(2) The State Technology OfficeDepartment of Management
671	Servicesshall be designated as the state frequency coordinator
672	for the special emergency radio service.
673	Section 19. Section 401.021, Florida Statutes, is amended
674	to read:
675	401.021 System director.--The State Chief Information
676	OfficerSecretary of Management Servicesor his or her designee
677	is designated as the director of the statewide
678	telecommunications system of the regional emergency medical
679	service and, for the purpose of carrying out the provisions of
680	this part, is authorized to coordinate the activities of the
681	telecommunications system with other interested state, county,
682	local, and private agencies.
683	Section 20. Section 401.024, Florida Statutes, is amended
684	to read:
685	401.024 System approval.--From July 1, 1973, no emergency
686	medical telecommunications system shall be established or
687	present systems expanded without prior approval of the State
688	Technology OfficeDepartment of Management Services.
689	Section 21. Section 401.027, Florida Statutes, is amended
690	to read:
691	401.027 Federal assistance.--The State Chief Information
692	OfficerSecretary of Management Servicesor his or her designee
693	is authorized to apply for and accept federal funding assistance
694	in the development and implementation of a statewide emergency
695	medical telecommunications system.
696	Section 22. Paragraph (b) of subsection (2) of section
697	401.245, Florida Statutes, is amended to read:
698	401.245 Emergency Medical Services Advisory Council.--
699	(2)
700	(b) Representation on the Emergency Medical Services
701	Advisory Council shall include: two licensed physicians who are
702	"medical directors" as defined in s. 401.23(15) or whose medical
703	practice is closely related to emergency medical services; two
704	emergency medical service administrators, one of whom is
705	employed by a fire service; two certified paramedics, one of
706	whom is employed by a fire service; two certified emergency
707	medical technicians, one of whom is employed by a fire service;
708	one emergency medical services educator; one emergency nurse;
709	one hospital administrator; one representative of air ambulance
710	services; one representative of a commercial ambulance operator;
711	and two laypersons who are in no way connected with emergency
712	medical services, one of whom is a representative of the
713	elderly. Ex officio members of the advisory council from state
714	agencies shall include, but shall not be limited to,
715	representatives from the Department of Education, the State
716	Technology OfficeDepartment of Management Services, the
717	Department of Insurance, the Department of Highway Safety and
718	Motor Vehicles, the Department of Transportation, and the
719	Department of Community Affairs.
720	Section 23. This act shall take effect July 1, 2003.