HB 1237 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to the State Technology Office; amending
12	s. 20.22, F.S.; conforming terminology; amending s.
13	282.0041, F.S.; defining "enterprise," "enterprise cost
14	recovery," "enterprise program management office,"
15	"enterprise technology services desk," "portal," "service
16	level agreement," and "State Chief Information Officer";
17	amending s. 282.005, F.S.; conforming terminology;
18	amending s. 282.102, F.S.; changing title of the head of
19	the State Technology Office; revising powers, duties, and
20	functions of said office; providing for the office to
21	establish open architecture standards, adopt security
22	standards, provide disaster preparedness services, develop
23	policies and procedures for agency information technology
24	legislative budget requests, establish an information
25	technology advisory team to review agency budget requests
26	and make recommendations to the Governor and Legislature,
27	develop enterprise systems and tools and services, deploy
28	an enterprise technology services desk, facilitate
29	development of a network access point, develop and operate
30	an enterprise portal, and provide tools and services to
31	agencies for use of such portal; authorizing said office
32	to participate in planning of agency information
33	technology projects and to provide agency project
34	assistance, oversight, or management; authorizing the
35	office to adopt rules and standards; amending s. 282.106,
36	F.S.; requiring library to pay certain costs for use of
37	SUNCOM Network; amending ss. 282.1095 and 282.111, F.S.;
38	correcting terminology; amending s. 282.20, F.S.; renaming
39	the Technology Resource Center as the Shared Resource
40	Center; providing for oversight of operation and
41	management by said office; amending s. 282.3055, F.S.;
42	conforming terminology; amending s. 282.315, F.S.;
43	providing that the Agency Chief Information Officers
44	Council shall be chaired by the State Chief Information
45	Officer; revising duties of Agency Chief Information
46	Officers; amending s. 282.322, F.S.; redesignating the
47	Enterprise Project Management Office of the State
48	Technology Office as the Enterprise Program Management
49	Office; revising duties of that office; creating s.
50	282.323, F.S.; requiring agencies to submit disaster
51	preparedness plans to the State Technology Office;
52	requiring the State Technology Office to create an
53	enterprise business continuity and disaster preparedness
54	plan; requiring designation of an Enterprise Business
55	Continuity Officer to administer plan and training
56	exercises; amending s. 11.45, F.S., and repealing s.
57	365.173(3), F.S.; deleting requirements that the Auditor
58	General annually audit the Wireless Emergency Telephone
59	System Fund; amending ss. 110.205, 216.235, 216.292, and
60	395.1031, F.S.; conforming terminology; amending ss.
61	401.013, 401.015, 401.018, 401.021, 401.024, 401.027, and
62	401.245, F.S., relating to legislative intent, the
63	statewide regional emergency medical telecommunication
64	system, system coordination, system director, system
65	approval, federal assistance, and the Emergency Medical
66	Services Advisory Council; deleting reference to the
67	Department of Management Services; providing reference to
68	the State Technology Office; deleting reference to the
69	Secretary of Management Services; providing reference to
70	the State Chief Information Officer; providing an
71	effective date.
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73	Be It Enacted by the Legislature of the State of Florida:
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75	Section 1. Subsection (3) of section 20.22, Florida
76	Statutes, is amended to read:
77	20.22 Department of Management Services.--There is created
78	a Department of Management Services.
79	(3) The State Technology Office shall operate and manage
80	the SharedTechnologyResource Center.
81	Section 2. Present subsections (5), (6), (7), (8), (9),
82	(10), (11), and (12) of section 282.0041, Florida Statutes, are
83	renumbered as subsections (8), (9), (11), (13), (15), (16),
84	(18), and (19), respectively, and new subsections (5), (6), (7),
85	(10), (12), (14), and (17) are added to said section, to read:
86	282.0041 Definitions.--For the purposes of this part, the
87	term:
88	(5) "Enterprise" means all agencies in total, as well as
89	nonprofit organizations eligible for services as defined in this
90	chapter.
91	(6) "Enterprise cost recovery" means the practice of
92	recovering the costs associated with providing information
93	technology and telecommunications services.
94	(7) "Enterprise program management office" means the
95	office within the State Technology Office responsible for
96	management or oversight of major information technology
97	projects.
98	(8)(5)"Enterprise resources management infrastructure"
99	means the hardware, software, networks, data, human resources,
100	policies, standards, facilities, maintenance, and related
101	materials and services that are required to support the business
102	processes of an agency or state enterprise.
103	(9)(6)"Enterprise resource planning and management" means
104	the planning, budgeting, acquiring, developing, organizing,
105	directing, training, control, and related services associated
106	with government information technology. The term encompasses
107	information and related resources, as well as the controls
108	associated with their acquisition, development, dissemination,
109	and use.
110	(10) "Enterprise technology services desk" means a
111	solution that provides information technology services support
112	to all entities within an enterprise and that facilitates
113	enterprise data security monitoring and alerts, reporting,
114	network and performance monitoring, asset management, change
115	management, and technology systems capacity and configuration
116	management for the purpose of effectively sharing resources and
117	information across the enterprise.
118	(11)(7)"Information technology" means equipment,
119	hardware, software, firmware, programs, systems, networks,
120	infrastructure, media, and related material used to
121	automatically, electronically, and wirelessly collect, receive,
122	access, transmit, display, store, record, retrieve, analyze,
123	evaluate, process, classify, manipulate, manage, assimilate,
124	control, communicate, exchange, convert, converge, interface,
125	switch, or disseminate information of any kind or form.
126	(12) "Portal" means a single point of entry to state
127	information, services, and websites on the Internet.
128	(13)(8)"Project" means an undertaking directed at the
129	accomplishment of a strategic objective relating to enterprise
130	resources management or a specific appropriated program.
131	(14) "Service level agreement" means a baseline of
132	expectations and the roles and responsibilities for information
133	technology services in accordance with s. 282.005(5). This
134	agreement sets service provider and recipient expectations,
135	describes the products or services to be delivered, identifies
136	contacts for end-user problems, and specifies the metrics by
137	which the effectiveness of service activities, functions, and
138	processes will be measured, examined, changed, and controlled.
139	(15)(9)"State Annual Report on Enterprise Resource
140	Planning and Management" means the report prepared by the State
141	Technology Office as defined in s. 282.102.
142	(16)(10)"Standards" means the use of current, open,
143	nonproprietary, or non-vendor-specific technologies.
144	(17) "State Chief Information Officer" means the
145	individual identified in s. 282.102 who is appointed by the
146	Governor, is in the Senior Management Service, is an agency head
147	for all purposes, and is responsible for carrying out the
148	powers, duties, and functions defined in s. 282.102.
149	(18)(11)"State Technology Office" or "office" means the
150	office created in s. 282.102.
151	(19)(12)"Total cost" means all costs associated with
152	information technology projects or initiatives, including, but
153	not limited to, value of hardware, software, service,
154	maintenance, incremental personnel, and facilities. Total cost
155	of a loan or gift of information technology resources to an
156	agency includes the fair market value of the resources, except
157	that the total cost of loans or gifts of information technology
158	to state universities to be used in instruction or research does
159	not include fair market value.
160	Section 3. Subsection (4) of section 282.005, Florida
161	Statutes, is amended to read:
162	282.005 Legislative findings and intent.--The Legislature
163	finds that:
164	(4) The cost-effective deployment of information
165	technology by state agencies can best be managed by a State
166	Chief Information Officer.
167	Section 4. Section 282.102, Florida Statutes, is amended
168	to read:
169	282.102 Creation of the State Technology Office; powers
170	and duties.--There is created a State Technology Office within
171	the Department of Management Services. The office shall be a
172	separate budget entity, and shall be headed by a StateChief
173	Information Officer who is appointed by the Governor and is in
174	the Senior Management Service. The StateChief Information
175	Officer shall be an agency head for all purposes. The Department
176	of Management Services shall provide administrative support and
177	service to the office to the extent requested by the StateChief
178	Information Officer. The office may adopt policies and
179	procedures regarding personnel, procurement, and transactions
180	for State Technology Office personnel. The office shall have the
181	following powers, duties, and functions:
182	(1) To publish electronically the portfolio of services
183	available from the office, including pricing information; the
184	policies and procedures of the office governing usage of
185	available services; anda forecast of the priorities and
186	initiatives for the state communications system for the ensuing
187	2 years; and the State Annual Report on Enterprise Resource
188	Planning and Management required by s. 282.310.
189	(2) To adopt rules implementing policies and procedures
190	providing best practicesto be followed by agencies in
191	acquiring, using, upgrading, modifying, replacing, or disposing
192	of information technology.
193	(3) To establish open architecture standards for state
194	information technology infrastructure that promote efficient use
195	of resources and economic development and facilitate the conduct
196	of electronic business within government.
197	(4) To adopt minimum information technology security
198	standards and best practices to be used by agencies and to
199	conduct or coordinate information technology security audits of
200	agencies to the extent possible within appropriated resources.
201	(5) To provide enterprise business continuity and disaster
202	preparedness planning services, which may include conducting
203	risk assessments of, participating in the development of, or
204	overseeing or managing aspects of agency disaster preparedness
205	plans relating to information technology; coordinating business
206	continuity mock training exercises; and providing information
207	technology disaster preparedness training.
208	(6) To develop policies and procedures for agency
209	information technology legislative budget requests and to
210	establish an information technology advisory team to review,
211	prioritize, and make recommendations regarding such requests
212	based on considerations that include existing technology,
213	compliance with open architecture standards, cost effectiveness
214	and efficiency, and the need for office assistance, oversight,
215	or management. The team's recommendations shall be provided to
216	the Executive Office of the Governor and the chairs of the
217	legislative appropriations committees.
218	(7) To develop and own or sponsor enterprise information
219	technology systems, tools, and services which meet standards
220	established by the office.
221	(8) To deploy an enterprise technology services desk.
222	(9) To facilitate the development of a network access
223	point in this state, as needed.
224	(10) To develop and operate an enterprise portal and to
225	provide tools and services for agency enterprise portal
226	utilization that ensure compliance with enterprise portal
227	standards established by the office.
228	(11)(3)To perform, in consultation with an agency, the
229	enterprise resource planning and management for the agency.
230	(12) To participate in the planning of, and to provide
231	project assistance, oversight, or management for, agency
232	information technology projects when determined appropriate by
233	the State Chief Information Officer and to the extent possible
234	within appropriated resources.
235	(4) To adviseand render aid to state agencies and
236	political subdivisions of the state as to systems or methods to
237	be used for organizing and meeting information technology
238	requirements efficiently and effectively.
239	(13)(5) To integrate agencytheinformation technology
240	systems and services andof state agencies.
241	(6)to adopt technical standards for the state information
242	technology system that ensurewhich will assurethe
243	interconnection of agencycomputer networks and information
244	systems of agencies.
245	(14)(7)To assume management responsibility for any
246	integrated information technology system or service when
247	determined by the office to be economically efficient or
248	performance-effective.
249	(15)(8) To enter into service levelagreements related to
250	information technology with state agencies and political
251	subdivisions of the state.
252	(16)(9)To use and acquire, with agency concurrence,
253	information technology now owned or operated by any agency.
254	(17)(10)To purchase from or contract with information
255	technology providers for information technology, including
256	private line services.
257	(18)(11)To apply for, receive, and hold, and to assist
258	agencies in applying for, receiving, or holding, such
259	authorizations, patents, copyrights, trademarks, service marks,
260	licenses, and allocations or channels and frequencies to carry
261	out the purposes of this part.
262	(19)(12)To purchase, lease, or otherwise acquire and to
263	hold, sell, transfer, license, or otherwise dispose of real,
264	personal, and intellectual property, including, but not limited
265	to, patents, trademarks, copyrights, and service marks.
266	(20)(13)To cooperate with any federal, state, or local
267	emergency management agency in providing for emergency
268	communications services.
269	(21)(14)To delegate, as necessary, to state agencies the
270	authority to purchase, lease, or otherwise acquire and to use
271	information technology or, as necessary, to control and approve
272	the purchase, lease, or acquisition and the use of all
273	information technology, including, but not limited to,
274	communications services provided as part of any other total
275	system to be used by the state or any ofits agencies.
276	(22)(15)To acquire ownership, possession, custody, and
277	control of existing communications equipment and facilities,
278	including all right, title, interest, and equity therein, as
279	necessary, to carry out the purposes of this part. However, the
280	provisions of this subsection shall in no way affect the rights,
281	title, interest, or equity in any such equipment or facilities
282	owned by, or leased to, the state or any state agency by any
283	telecommunications company.
284	(16) To adopt rules pursuant to ss. 120.536(1) and 120.54
285	relating to information technology and to administer the
286	provisions of this part.
287	(23)(17)To advise political subdivisions of the state as
288	to systems or methods to be used for organizing and meeting
289	information technology requirements efficiently and effectively
290	andto provide a means whereby political subdivisions of the
291	state may use state information technology systems upon such
292	terms and under such conditions as the office may establish.
293	(24)(18)To apply for and accept federal funds for any of
294	the purposes of this part as well as gifts and donations from
295	individuals, foundations, and private organizations.
296	(25)(19)To monitor issues relating to communications
297	facilities and services before the Florida Public Service
298	Commission and, when necessary, prepare position papers, prepare
299	testimony, appear as a witness, and retain witnesses on behalf
300	of state agencies in proceedings before the commission.
301	(26)(20) Unless delegated to the agencies by the State
302	Chief Information Officer, to manage and control, but not
303	intercept or interpret, communications within the SUNCOM Network
304	by:
305	(a) Establishing technical standards to physically
306	interface with the SUNCOM Network.
307	(b) Specifying how communications are transmitted within
308	the SUNCOM Network.
309	(c) Controlling the routing of communications within the
310	SUNCOM Network.
311	(d) Establishing standards, policies, and procedures for
312	access to the SUNCOM Network.
313	(e) Ensuring orderly and reliable communications services
314	in accordance with the service level agreements executed with
315	state agencies.
316	(27)(21)To plan, design, and conduct experiments for
317	information technology services, equipment, and technologies,
318	and to implement enhancements in the state information
319	technology system when in the public interest and cost-
320	effective. Funding for such experiments shall be derived from
321	SUNCOM Network service revenues and shall not exceed 2 percent
322	of the annual budget for the SUNCOM Network for any fiscal year
323	or as provided in the General Appropriations Act. New services
324	offered as a result of this subsection shall not affect existing
325	rates for facilities or services.
326	(28)(22)To enter into contracts or agreements, with or
327	without competitive bidding or procurement, to make available,
328	on a fair, reasonable, and nondiscriminatory basis, property and
329	other structures under office control for the placement of new
330	facilities by any wireless provider of mobile service as defined
331	in 47 U.S.C. s. 153(n) or s. 332(d) and any telecommunications
332	company as defined in s. 364.02 when it is determined to be
333	practical and feasible to make such property or other structures
334	available. The office may, without adopting a rule, charge a
335	just, reasonable, and nondiscriminatory fee for the placement of
336	the facilities, payable annually, based on the fair market value
337	of space used by comparable communications facilities in the
338	state. The office and a wireless provider or telecommunications
339	company may negotiate the reduction or elimination of a fee in
340	consideration of services provided to the office by the wireless
341	provider or telecommunications company. All such fees collected
342	by the office shall be deposited directly into the Law
343	Enforcement Radio Operating Trust Fund, and may be used by the
344	office to construct, maintain, or support the system.
345	(29)(23)To provide an integrated electronic system for
346	deploying government products, services, and information to
347	individuals and businesses.
348	(a) The integrated electronic system shall reflect cost-
349	effective deployment strategies in keeping with industry
350	standards and practices, including protections and security of
351	private information as well as maintenance of public records.
352	(b) The office shall provide a method for assessing fiscal
353	accountability for the integrated electronic system and shall
354	establish the organizational structure required to implement
355	this system.
356	(30)(24)To provide administrative support to the Agency
357	Chief Information Officers Council and other workgroups created
358	by the StateChief Information Officer.
359	(31)(25)To facilitate state information technology
360	education and training for senior management and other agency
361	staff.
362	(32)(26)To prepare, on behalf of the Executive Office of
363	the Governor, memoranda on recommended guidelines and best
364	practices for information resources management, when requested.
365	(27) To prepare, publish, and disseminate the State Annual
366	Report on Enterprise Resource Planning and Management under s.
367	282.310.
368	(28) To study and make a recommendation to the Governor
369	and Legislature on the feasibility of implementing online voting
370	in this state.
371	(29) To facilitate the development of a network access
372	point in this state, as needed.
373	(33)(30)To designate a State Chief Privacy Officer who
374	shall be responsible for the continual review of policies, laws,
375	rules, and practices of state agencies which may affect the
376	privacy concerns of state residents.
377	(34) To develop rules pursuant to ss. 120.536(1) and
378	120.54 relating to information technology and to administer the
379	provisions of this part.
380	Section 5. Section 282.106, Florida Statutes, is amended
381	to read:
382	282.106 Use of SUNCOM Network by libraries.--The State
383	Technology Office may provide SUNCOM Network services to any
384	library in the state, including libraries in public schools,
385	community colleges, state universities, and nonprofit private
386	postsecondary educational institutions, and libraries owned and
387	operated by municipalities and political subdivisions. A library
388	shall pay installation costs and recurring costs according to
389	the office's published rates for SUNCOM Network services.
390	Section 6. Paragraph (a) of subsection (2) of section
391	282.1095, Florida Statutes, is amended to read:
392	282.1095 State agency law enforcement radio system.--
393	(2)(a) The Joint Task Force on State Agency Law
394	Enforcement Communications shall consist of eight members, as
395	follows:
396	1. A representative of the Division of Alcoholic Beverages
397	and Tobacco of the Department of Business and Professional
398	Regulation who shall be appointed by the secretary of the
399	department.
400	2. A representative of the Division of Florida Highway
401	Patrol of the Department of Highway Safety and Motor Vehicles
402	who shall be appointed by the executive director of the
403	department.
404	3. A representative of the Department of Law Enforcement
405	who shall be appointed by the executive director of the
406	department.
407	4. A representative of the Fish and Wildlife Conservation
408	Commission who shall be appointed by the executive director of
409	the commission.
410	5. A representative of the Division of Law Enforcement of
411	the Department of Environmental Protection who shall be
412	appointed by the secretary of the department.
413	6. A representative of the Department of Corrections who
414	shall be appointed by the secretary of the department.
415	7. A representative of the Division of State Fire Marshal
416	of the Department of Financial ServicesInsurancewho shall be
417	appointed by the Chief Financial OfficerState Fire Marshal.
418	8. A representative of the Department of Transportation
419	who shall be appointed by the secretary of the department.
420	Section 7. Subsection (4) of section 282.111, Florida
421	Statutes, is amended to read:
422	282.111 Statewide system of regional law enforcement
423	communications.--
424	(4) The State Chief Information Officer of the State
425	Technology Officeor his or her designee is designated as the
426	director of the statewide system of regional law enforcement
427	communications and, for the purpose of carrying out the
428	provisions of this section, is authorized to coordinate the
429	activities of the system with other interested state agencies
430	and local law enforcement agencies.
431	Section 8. Section 282.20, Florida Statutes, is amended to
432	read:
433	282.20 SharedTechnologyResource Center.--
434	(1)(a) The State Technology Office shall oversee operation
435	and management ofoperate and manage the SharedTechnology
436	Resource Center.
437	(b) For the purposes of this section, the term:
438	1. "Information-system utility" means a full-service
439	information-processing facility offering hardware, software,
440	operations, integration, networking, and consulting services.
441	2. "Customer" means a state agency or other entity which
442	is authorized to utilize the SUNCOM Network pursuant to this
443	part.
444	(2) The SharedTechnologyResource Center shall:
445	(a) Serve the office and other customers as an
446	information-system utility.
447	(b) Cooperate with customers to offer, develop, and
448	support a wide range of services and applications needed by
449	users of the SharedTechnologyResource Center.
450	(c) Cooperate with the Florida Legal Resource Center of
451	the Department of Legal Affairs and other state agencies to
452	develop and provide access to repositories of legal information
453	throughout the state.
454	(d) Cooperate with the office to facilitate
455	interdepartmental networking and integration of network services
456	for its customers.
457	(e) Assist customers in testing and evaluating new and
458	emerging technologies that could be used to meet the needs of
459	the state.
460	(3) The office may contract with customers to provide any
461	combination of services necessary for agencies to fulfill their
462	responsibilities and to serve their users.
463	(4) The SharedTechnologyResource Center may plan,
464	design, establish pilot projects for, and conduct experiments
465	with information technology resources, and may implement
466	enhancements in services when such implementation is cost-
467	effective. Funding for experiments and pilot projects shall be
468	derived from service revenues and may not exceed 5 percent of
469	the service revenues for the SharedTechnologyResource Center
470	for any single fiscal year. Any experiment, pilot project, plan,
471	or design must be approved by the StateChief Information
472	Officer.
473	(5) Notwithstanding the provisions of s. 216.272, the
474	SharedTechnologyResource Center may spend funds in the reserve
475	account of the Technology Enterprise Operating Trust Fund for
476	enhancements to center operations or for information technology
477	resources. Any expenditure of reserve account funds must be
478	approved by the StateChief Information Officer. Any funds
479	remaining in the reserve account at the end of the fiscal year
480	may be carried forward and spent as approved by the StateChief
481	Information Officer, provided that such approval conforms to any
482	applicable provisions of chapter 216.
483	Section 9. Paragraph (a) of subsection (1) of section
484	282.3055, Florida Statutes, is amended to read:
485	282.3055 Agency Chief Information Officer; appointment;
486	duties.--
487	(1)(a) To assist the State Technology Officer in carrying
488	out the enterprise resource planning and management
489	responsibilities, the StateChief Information Officer may
490	appoint or contract for an Agency Chief Information Officer.
491	This position may be full time or part time.
492	Section 10. Subsection (1) of section 282.315, Florida
493	Statutes, is amended to read:
494	282.315 Agency Chief Information Officers Council;
495	creation.--The Legislature finds that enhancing communication,
496	consensus building, coordination, and facilitation of statewide
497	enterprise resource planning and management issues is essential
498	to improving state management of such resources.
499	(1) There is created an Agency Chief Information Officers
500	Council, chaired by the State Chief Information Officer or a
501	designee,to:
502	(a) Enhance communication among the Agency Chief
503	Information Officers by sharing enterprise resource planning and
504	management experiences and exchanging ideas.
505	(b) Facilitate the sharing of best practices that are
506	characteristic of highly successful technology organizations, as
507	well as exemplary information technology applications of state
508	agencies.
509	(c) Identify efficiency opportunities among state
510	agencies. Each Agency Chief Information Officer shall focus on
511	procuring information technology resources that can be used
512	across the enterprise.
513	(d) Serve as an educational forum for enterprise resource
514	planning and management issues.
515	(e) Assist the State Technology Office in identifying
516	critical statewide issues and, when appropriate, make
517	recommendations for solving enterprise resource planning and
518	management deficiencies.
519	Section 11. Section 282.322, Florida Statutes, is amended
520	to read:
521	282.322 Special monitoring process for designated
522	information resources management projects.--
523	(1) For each information resources management project
524	which is designated for special monitoring in the General
525	Appropriations Act, with a proviso requiring a contract with a
526	project monitor, the Technology Review Workgroup established
527	pursuant to s. 216.0446, in consultation with each affected
528	agency, shall be responsible for contracting with the project
529	monitor. Upon contract award, funds equal to the contract amount
530	shall be transferred to the Technology Review Workgroup upon
531	request and subsequent approval of a budget amendment pursuant
532	to s. 216.292. With the concurrence of the Legislative Auditing
533	Committee, the office of the Auditor General shall be the
534	project monitor for other projects designated for special
535	monitoring. However, nothing in this section precludes the
536	Auditor General from conducting such monitoring on any project
537	designated for special monitoring. In addition to monitoring and
538	reporting on significant communications between a contracting
539	agency and the appropriate federal authorities, the project
540	monitoring process shall consist of evaluating each major stage
541	of the designated project to determine whether the deliverables
542	have been satisfied and to assess the level of risks associated
543	with proceeding to the next stage of the project. The major
544	stages of each designated project shall be determined based on
545	the agency's information systems development methodology. Within
546	20 days after an agency has completed a major stage of its
547	designated project or at least 90 days, the project monitor
548	shall issue a written report, including the findings and
549	recommendations for correcting deficiencies, to the agency head,
550	for review and comment. Within 20 days after receipt of the
551	project monitor's report, the agency head shall submit a written
552	statement of explanation or rebuttal concerning the findings and
553	recommendations of the project monitor, including any corrective
554	action to be taken by the agency. The project monitor shall
555	include the agency's statement in its final report, which shall
556	be forwarded, within 7 days after receipt of the agency's
557	statement, to the agency head, the inspector general's office of
558	the agency, the Executive Office of the Governor, the
559	appropriations committees of the Legislature, the Joint
560	Legislative Auditing Committee, the Technology Review Workgroup,
561	the President of the Senate, the Speaker of the House of
562	Representatives, and the Office of Program Policy Analysis and
563	Government Accountability. The Auditor General shall also
564	receive a copy of the project monitor's report for those
565	projects in which the Auditor General is not the project
566	monitor.
567	(2) The Enterprise ProgramProjectManagement Office of
568	the State Technology Office shall report any information
569	technology projects the office identifies as high-risk to the
570	Executive Office of the Governor, the President of the Senate,
571	the Speaker of the House of Representatives, and the chairs of
572	the appropriations committees. Within the limits of current
573	appropriations, the Enterprise ProgramProjectManagement Office
574	shall monitor and report on such high-risk information
575	technology projects, and assess the levels of risks associated
576	with proceeding to the next stage of the project.
577	(3) The Enterprise Program Management Office shall plan,
578	design, develop, and implement key enterprise projects as
579	determined by the State Chief Information Officer and shall be
580	involved in the planning stages of agency information technology
581	projects to ensure a comprehensive approach to technology
582	solutions. The Enterprise Program Management Office shall
583	develop enterprise integration guidelines and adopt project
584	management standards.
585	Section 12. Section 282.323, Florida Statutes, is created
586	to read:
587	282.323 Enterprise business continuity and disaster
588	preparedness plan.--
589	(1) Each agency, as defined in s. 282.0041(1), shall
590	submit a copy of the disaster preparedness plan required by s.
591	252.365(3) to the State Technology Office no later than July 15,
592	2003. The State Technology Office shall, no later than September
593	30, 2003, review and consolidate those plans into a single
594	enterprise business continuity and disaster preparedness plan.
595	(2) The State Chief Information Officer shall designate an
596	Enterprise Business Continuity Officer to administer the
597	enterprise business continuity and disaster preparedness plan
598	required by this section and to annually administer a minimum of
599	two business continuity disaster preparedness mock training
600	exercises in the state, at least one of which must be an
601	unscheduled, random exercise.
602	Section 13. Paragraphs (e) through (k) of subsection (2)
603	of section 11.45, Florida Statutes, are amended to read:
604	11.45 Definitions; duties; authorities; reports; rules.--
605	(2) DUTIES.--The Auditor General shall:
606	(e) Annually conduct an audit of the Wireless Emergency
607	Telephone System Fund as described in s. 365.173.
608	(e)(f)At least every 2 years, conduct operational audits
609	of the accounts and records of state agencies and universities.
610	In connection with these audits, the Auditor General shall give
611	appropriate consideration to reports issued by state agencies'
612	inspectors general or universities' inspectors general and the
613	resolution of findings therein.
614	(f)(g)At least every 2 years, conduct a performance audit
615	of the local government financial reporting system, which, for
616	the purpose of this chapter, means any statutory provisions
617	related to local government financial reporting. The purpose of
618	such an audit is to determine the accuracy, efficiency, and
619	effectiveness of the reporting system in achieving its goals and
620	to make recommendations to the local governments, the Governor,
621	and the Legislature as to how the reporting system can be
622	improved and how program costs can be reduced. The local
623	government financial reporting system should provide for the
624	timely, accurate, uniform, and cost-effective accumulation of
625	financial and other information that can be used by the members
626	of the Legislature and other appropriate officials to accomplish
627	the following goals:
628	1. Enhance citizen participation in local government;
629	2. Improve the financial condition of local governments;
630	3. Provide essential government services in an efficient
631	and effective manner; and
632	4. Improve decisionmaking on the part of the Legislature,
633	state agencies, and local government officials on matters
634	relating to local government.
635	(g)(h)Once every 3 years, conduct performance audits of
636	the Department of Revenue's administration of the ad valorem tax
637	laws as described in s. 195.096.
638	(h)(i)Once every 3 years, conduct financial audits of the
639	accounts and records of all district school boards in counties
640	with populations of 125,000 or more, according to the most
641	recent federal decennial statewide census.
642	(i)(j)Once every 3 years, review a sample of each state
643	agency's internal audit reports to determine compliance with
644	current Standards for the Professional Practice of Internal
645	Auditing or, if appropriate, government auditing standards.
646	(j)(k)Conduct audits of local governmental entities when
647	determined to be necessary by the Auditor General, when directed
648	by the Legislative Auditing Committee, or when otherwise
649	required by law. No later than 18 months after the release of
650	the audit report, the Auditor General shall perform such
651	appropriate followup procedures as he or she deems necessary to
652	determine the audited entity's progress in addressing the
653	findings and recommendations contained within the Auditor
654	General's previous report. The Auditor General shall provide a
655	copy of his or her determination to each member of the audited
656	entity's governing body and to the Legislative Auditing
657	Committee.
658
659	The Auditor General shall perform his or her duties
660	independently but under the general policies established by the
661	Legislative Auditing Committee. This subsection does not limit
662	the Auditor General's discretionary authority to conduct other
663	audits or engagements of governmental entities as authorized in
664	subsection (3).
665	Section 14. Subsection (3) of section 365.173, Florida
666	Statutes, is repealed.
667	365.173 Wireless Emergency Telephone System Fund.--
668	(3) The Auditor General shall annually audit the fund to
669	ensure that moneys in the fund are being managed in accordance
670	with this section and s. 365.172. The Auditor General shall
671	provide a report of the annual audit to the board.
672	Section 15. Paragraph (e) of subsection (2) of section
673	110.205, Florida Statutes, is amended to read:
674	110.205 Career service; exemptions.--
675	(2) EXEMPT POSITIONS.--The exempt positions that are not
676	covered by this part include the following:
677	(e) The StateChief Information Officer, deputy chief
678	information officers, chief technology officers, and deputy
679	chief technology officers in the State Technology Office. Unless
680	otherwise fixed by law, the State Technology Office shall set
681	the salary and benefits of these positions in accordance with
682	the rules of the Senior Management Service.
683	Section 16. Paragraph (c) of subsection (4) of section
684	216.235, Florida Statutes, is amended to read:
685	216.235 Innovation Investment Program.--
686	(4) There is hereby created the State Innovation
687	Committee, which shall have final approval authority as to which
688	innovative investment projects submitted under this section
689	shall be funded. Such committee shall be comprised of seven
690	members. Appointed members shall serve terms of 1 year and may
691	be reappointed. The committee shall include:
692	(c) The StateChief Information Officer in the State
693	Technology Office.
694	Section 17. Subsection (9) of section 216.292, Florida
695	Statutes, is amended to read:
696	216.292 Appropriations nontransferable; exceptions.--
697	(9) Moneys appropriated in the General Appropriations Act
698	for the purpose of paying for services provided by the State
699	Technology Officestate communications system in the Department
700	of Management Servicesshall be paid by the user agencies, or
701	the judicial branch, within 45 days after the billing date.
702	Billed amounts not paid by the user agencies, or by the judicial
703	branch, shall be transferred by the Department of Financial
704	ServicesComptrollerfrom the user agencies to the
705	Communications Working Capital Trust Fund.
706	Section 18. Section 395.1031, Florida Statutes, is amended
707	to read:
708	395.1031 Emergency medical services; communication.--Each
709	licensed hospital with an emergency department must be capable
710	of communicating by two-way radio with all ground-based basic
711	life support service vehicles and advanced life support service
712	vehicles that operate within the hospital's service area under a
713	state permit and with all rotorcraft air ambulances that operate
714	under a state permit. The hospital's radio system must be
715	capable of interfacing with municipal mutual aid channels
716	designated by the State Technology OfficeDepartment of
717	Management Servicesand the Federal Communications Commission.
718	Section 19. Section 401.013, Florida Statutes, is amended
719	to read:
720	401.013 Legislative intent.--It is the intention and
721	purpose of the Legislature that a statewide system of regional
722	emergency medical telecommunications be developed whereby
723	maximum use of existing radio channels is achieved in order to
724	more effectively and rapidly provide emergency medical service
725	to the general population. To this end, all emergency medical
726	service entities within the state are directed to provide the
727	State Technology OfficeDepartment of Management Serviceswith
728	any information that officethe departmentrequests for the
729	purpose of implementing the provisions of s. 401.015, and such
730	entities shall comply with the resultant provisions established
731	pursuant to this part.
732	Section 20. Section 401.015, Florida Statutes, is amended
733	to read:
734	401.015 Statewide regional emergency medical
735	telecommunication system.--The State Technology Office
736	Department of Management Servicesis authorized and directed to
737	develop a statewide system of regional emergency medical
738	telecommunications. For the purpose of this part, the term
739	"telecommunications" means those voice, data, and signaling
740	transmissions and receptions between emergency medical service
741	components, including, but not limited to: ambulances; rescue
742	vehicles; hospitals or other related emergency receiving
743	facilities; emergency communications centers; physicians and
744	emergency medical personnel; paging facilities; law enforcement
745	and fire protection agencies; and poison control, suicide, and
746	emergency management agencies. In formulating such a system, the
747	department shall divide the state into appropriate regions and
748	shall develop a program which includes, but is not limited to,
749	the following provisions:
750	(1) A requirements provision, which shall state the
751	telecommunications requirements for each emergency medical
752	entity comprising the region.
753	(2) An interfacility communications provision, which shall
754	depict the telecommunications interfaces between the various
755	medical service entities which operate within the region and
756	state.
757	(3) An organizational layout provision, which shall
758	include each emergency medical entity and the number of radio
759	operating units (base, mobile, handheld, etc.) per entity.
760	(4) A frequency allocation and use provision, which shall
761	include on an entity basis each assigned and planned radio
762	channel and the type of operation (simplex, duplex, half duplex,
763	etc.) on each channel.
764	(5) An operational provision, which shall include
765	dispatching, logging, and operating procedures pertaining to
766	telecommunications on an entity basis and regional basis.
767	(6) An emergency medical service telephone provision,
768	which shall include the telephone and the numbering plan
769	throughout the region for both the public and interface
770	requirements.
771	Section 21. Section 401.018, Florida Statutes, is amended
772	to read:
773	401.018 System coordination.--
774	(1) The statewide system of regional emergency medical
775	telecommunications shall be developed by the State Technology
776	OfficeDepartment of Management Services, which office
777	departmentshall be responsible for the implementation and
778	coordination of such system into the state telecommunications
779	plan. The officedepartmentshall adopt any necessary rules and
780	regulations for implementing and coordinating such a system.
781	(2) The State Technology OfficeDepartment of Management
782	Servicesshall be designated as the state frequency coordinator
783	for the special emergency radio service.
784	Section 22. Section 401.021, Florida Statutes, is amended
785	to read:
786	401.021 System director.--The State Chief Information
787	OfficerSecretary of Management Servicesor his or her designee
788	is designated as the director of the statewide
789	telecommunications system of the regional emergency medical
790	service and, for the purpose of carrying out the provisions of
791	this part, is authorized to coordinate the activities of the
792	telecommunications system with other interested state, county,
793	local, and private agencies.
794	Section 23. Section 401.024, Florida Statutes, is amended
795	to read:
796	401.024 System approval.--From July 1, 1973, no emergency
797	medical telecommunications system shall be established or
798	present systems expanded without prior approval of the State
799	Technology OfficeDepartment of Management Services.
800	Section 24. Section 401.027, Florida Statutes, is amended
801	to read:
802	401.027 Federal assistance.--The State Chief Information
803	OfficerSecretary of Management Servicesor his or her designee
804	is authorized to apply for and accept federal funding assistance
805	in the development and implementation of a statewide emergency
806	medical telecommunications system.
807	Section 25. Paragraph (b) of subsection (2) of section
808	401.245, Florida Statutes, is amended to read:
809	401.245 Emergency Medical Services Advisory Council.--
810	(2)
811	(b) Representation on the Emergency Medical Services
812	Advisory Council shall include: two licensed physicians who are
813	"medical directors" as defined in s. 401.23(15) or whose medical
814	practice is closely related to emergency medical services; two
815	emergency medical service administrators, one of whom is
816	employed by a fire service; two certified paramedics, one of
817	whom is employed by a fire service; two certified emergency
818	medical technicians, one of whom is employed by a fire service;
819	one emergency medical services educator; one emergency nurse;
820	one hospital administrator; one representative of air ambulance
821	services; one representative of a commercial ambulance operator;
822	and two laypersons who are in no way connected with emergency
823	medical services, one of whom is a representative of the
824	elderly. Ex officio members of the advisory council from state
825	agencies shall include, but shall not be limited to,
826	representatives from the Department of Education, the State
827	Technology OfficeDepartment of Management Services, the
828	Department of Insurance, the Department of Highway Safety and
829	Motor Vehicles, the Department of Transportation, and the
830	Department of Community Affairs.
831	Section 26. This act shall take effect July 1, 2003.