Senate Bill sb2614

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    Florida Senate - 2003                                  SB 2614

    By Senator Crist





    12-1666-03                                         See HB 1237

  1                      A bill to be entitled

  2         An act relating to the State Technology Office;

  3         amending s. 282.0041, F.S.; defining

  4         "enterprise," "enterprise cost recovery,"

  5         "enterprise program management office,"

  6         "enterprise technology services desk,"

  7         "portal," "service level agreements," and

  8         "State Chief Information Officer"; amending s.

  9         282.005, F.S.; conforming references; amending

10         s. 282.102, F.S.; revising powers and duties of

11         the State Technology Office; revising title of

12         the head of that office; providing for service

13         level agreements, an enterprise technology

14         services desk, a centralized enterprise portal,

15         and enterprise information technology systems

16         and tools and services; amending s. 282.106,

17         F.S., relating to use of SUNCOM Network by

18         libraries; requiring library to pay certain

19         costs at specified rates; amending ss. 282.1095

20         and 282.111, F.S.; conforming references;

21         amending s. 282.20, F.S.; renaming the

22         Technology Resource Center as the Shared

23         Resource Center; providing for oversight and

24         management by said office; amending s.

25         282.3055, F.S.; conforming references; amending

26         s. 282.315, F.S.; providing that the Agency

27         Chief Information Officers Council shall be

28         chaired by the State Chief Information Officer;

29         revising duties of agency chief information

30         officers; amending s. 282.322, F.S.;

31         redesignating the Enterprise Project Management

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1         Office of the State Technology Office as the

 2         Enterprise Program Management Office; revising

 3         duties of that office; amending s. 11.45, F.S.;

 4         deleting a requirement that the Auditor General

 5         conduct annual audits of the Wireless Emergency

 6         Telephone System Fund; amending ss. 110.205,

 7         216.235, 216.292, and 395.1031, F.S.;

 8         conforming references; amending ss. 401.013,

 9         401.015, 401.018, 401.021, 401.024, 401.027,

10         and 401.245, F.S., relating to intention and

11         purpose of the Legislature, statewide regional

12         emergency medical telecommunication system,

13         system coordination, system director, system

14         approval, federal assistance, and the Emergency

15         Medical Services Advisory Council; deleting

16         reference to the Department of Management

17         Services; providing reference to the State

18         Technology Office; deleting reference to the

19         secretary of that department; providing

20         reference to the State Chief Information

21         Officer; providing an effective date.

22  

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

24  

25         Section 1.  Subsections (5), (6), (7), (8), (9), (10),

26  (11), and (12) of section 282.0041, Florida Statutes, are

27  amended to read:

28         282.0041  Definitions.--For the purposes of this part,

29  the term:

30         (5)  "Enterprise" means an organization in total,

31  including all subordinate entities, encompassing governmental

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1  bodies as well as nonprofit organizations eligible for

 2  services as defined in chapter 282.

 3         (6)  "Enterprise cost recovery" means the practice of

 4  recovering the costs associated with providing information

 5  technology and telecommunications services.

 6         (7)  "Enterprise program management office" means the

 7  office responsible for management or oversight of major

 8  information technology projects.

 9         (8)(5)  "Enterprise resources management

10  infrastructure" means the hardware, software, networks, data,

11  human resources, policies, standards, facilities, maintenance,

12  and related materials and services that are required to

13  support the business processes of an agency or state

14  enterprise.

15         (9)(6)  "Enterprise resource planning and management"

16  means the planning, budgeting, acquiring, developing,

17  organizing, directing, training, control, and related services

18  associated with government information technology. The term

19  encompasses information and related resources, as well as the

20  controls associated with their acquisition, development,

21  dissemination, and use.

22         (10)  "Enterprise technology services desk" means a

23  solution that provides information technology services support

24  to all entities within an enterprise, and for facilitating

25  enterprise data security monitoring and alerts, reporting,

26  network and performance monitoring, asset management, change

27  management, and technology systems capacity and configuration

28  management resulting in effective sharing of resources and

29  information across the enterprise.

30         (11)(7)  "Information technology" means equipment,

31  hardware, software, firmware, programs, systems, networks,

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1  infrastructure, media, and related material used to

 2  automatically, electronically, and wirelessly collect,

 3  receive, access, transmit, display, store, record, retrieve,

 4  analyze, evaluate, process, classify, manipulate, manage,

 5  assimilate, control, communicate, exchange, convert, converge,

 6  interface, switch, or disseminate information of any kind or

 7  form.

 8         (12)  "Portal" means a single point of entry to state

 9  information and services on the Internet.

10         (13)(8)  "Project" means an undertaking directed at the

11  accomplishment of a strategic objective relating to enterprise

12  resources management or a specific appropriated program.

13         (14)  "Service level agreements" means a baseline of

14  expectations and the roles and responsibilities for

15  information technology services in accordance with s.

16  282.005(5). This agreement sets service provider and recipient

17  expectations, describes the products or services to be

18  delivered, identifies contacts for end-user problems, and

19  specifies the metrics by which the effectiveness of service

20  activities, functions, and processes will be measured,

21  examined, changed, and controlled.

22         (15)(9)  "State Annual Report on Enterprise Resource

23  Planning and Management" means the report prepared by the

24  State Technology Office as defined in s. 282.102.

25         (16)  "State Chief Information Officer" means the

26  individual identified in s. 282.102 who is appointed by the

27  Governor, is in the Senior Management Service, is an agency

28  head for all purposes, and is responsible for carrying out the

29  powers, duties, and functions as defined in s. 282.102.

30         (17)(10)  "Standards" means the use of current, open,

31  nonproprietary, or non-vendor-specific technologies.

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1         (18)(11)  "State Technology Office" or "office" means

 2  the office created in s. 282.102.

 3         (19)(12)  "Total cost" means all costs associated with

 4  information technology projects or initiatives, including, but

 5  not limited to, value of hardware, software, service,

 6  maintenance, incremental personnel, and facilities. Total cost

 7  of a loan or gift of information technology resources to an

 8  agency includes the fair market value of the resources, except

 9  that the total cost of loans or gifts of information

10  technology to state universities to be used in instruction or

11  research does not include fair market value.

12         Section 2.  Subsection (4) of section 282.005, Florida

13  Statutes, is amended to read:

14         282.005  Legislative findings and intent.--The

15  Legislature finds that:

16         (4)  The cost-effective deployment of information

17  technology by state agencies can best be managed by a State

18  Chief Information Officer.

19         Section 3.  Section 282.102, Florida Statutes, is

20  amended to read:

21         282.102  Creation of the State Technology Office;

22  powers and duties.--There is created a State Technology Office

23  within the Department of Management Services. The office shall

24  be a separate budget entity, and shall be headed by a State

25  Chief Information Officer who is appointed by the Governor and

26  is in the Senior Management Service. The State Chief

27  Information Officer shall be an agency head for all purposes.

28  The Department of Management Services shall provide

29  administrative support and service to the office to the extent

30  requested by the State Chief Information Officer. The office

31  may adopt policies and procedures regarding personnel,

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1  procurement, and transactions for State Technology Office

 2  personnel. The office shall have the following powers, duties,

 3  and functions:

 4         (1)  To publish electronically the portfolio of

 5  services available from the office, including pricing

 6  information; the policies and procedures of the office

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

 8  priorities and initiatives for the state communications system

 9  for the ensuing 2 years.

10         (2)  To adopt rules implementing policies and

11  procedures providing best practices to be followed by agencies

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

13  disposing of information technology.

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

15  enterprise resource planning and management for the agency.

16         (4)  To advise and render aid to state agencies and

17  political subdivisions of the state as to systems or methods

18  to be used for organizing and meeting information technology

19  requirements efficiently and effectively.

20         (5)  To integrate the information technology systems

21  and services of state agencies.

22         (6)  To adopt technical standards for the state

23  information technology system which will assure the

24  interconnection of computer networks and information systems

25  of agencies.

26         (7)  To assume management responsibility for any

27  integrated information technology system or service when

28  determined by the office to be economically efficient or

29  performance-effective.

30  

31  

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1         (8)  To enter into service level agreements related to

 2  information technology with state agencies and political

 3  subdivisions of the state.

 4         (9)  To use and acquire, with agency concurrence,

 5  information technology now owned or operated by any agency.

 6         (10)  To purchase from or contract with information

 7  technology providers for information technology, including

 8  private line services.

 9         (11)  To apply for, receive, and hold, and to assist

10  agencies in applying for, receiving, or holding, such

11  authorizations, patents, copyrights, trademarks, service

12  marks, licenses, and allocations or channels and frequencies

13  to carry out the purposes of this part.

14         (12)  To purchase, lease, or otherwise acquire and to

15  hold, sell, transfer, license, or otherwise dispose of real,

16  personal, and intellectual property, including, but not

17  limited to, patents, trademarks, copyrights, and service

18  marks.

19         (13)  To cooperate with any federal, state, or local

20  emergency management agency in providing for emergency

21  communications services.

22         (14)  To delegate, as necessary, to state agencies the

23  authority to purchase, lease, or otherwise acquire and to use

24  information technology or, as necessary, to control and

25  approve the purchase, lease, or acquisition and the use of all

26  information technology, including, but not limited to,

27  communications services provided as part of any other total

28  system to be used by the state or any of its agencies.

29         (15)  To acquire ownership, possession, custody, and

30  control of existing communications equipment and facilities,

31  including all right, title, interest, and equity therein, as

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1  necessary, to carry out the purposes of this part. However,

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

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

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

 5  agency by any telecommunications company.

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

 7  120.54 relating to information technology and to administer

 8  the provisions of this part.

 9         (17)  To provide a means whereby political subdivisions

10  of the state may use state information technology systems upon

11  such terms and under such conditions as the office may

12  establish.

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

14  the purposes of this part as well as gifts and donations from

15  individuals, foundations, and private organizations.

16         (19)  To monitor issues relating to communications

17  facilities and services before the Florida Public Service

18  Commission and, when necessary, prepare position papers,

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

20  on behalf of state agencies in proceedings before the

21  commission.

22         (20)  Unless delegated to the agencies by the State

23  Chief Information Officer, to manage and control, but not

24  intercept or interpret, communications within the SUNCOM

25  Network by:

26         (a)  Establishing technical standards to physically

27  interface with the SUNCOM Network.

28         (b)  Specifying how communications are transmitted

29  within the SUNCOM Network.

30         (c)  Controlling the routing of communications within

31  the SUNCOM Network.

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1         (d)  Establishing standards, policies, and procedures

 2  for access to the SUNCOM Network.

 3         (e)  Ensuring orderly and reliable communications

 4  services in accordance with the service level agreements

 5  executed with state agencies.

 6         (21)  To plan, design, and conduct experiments for

 7  information technology services, equipment, and technologies,

 8  and to implement enhancements in the state information

 9  technology system when in the public interest and

10  cost-effective. Funding for such experiments shall be derived

11  from SUNCOM Network service revenues and shall not exceed 2

12  percent of the annual budget for the SUNCOM Network for any

13  fiscal year or as provided in the General Appropriations Act.

14  New services offered as a result of this subsection shall not

15  affect existing rates for facilities or services.

16         (22)  To enter into contracts or agreements, with or

17  without competitive bidding or procurement, to make available,

18  on a fair, reasonable, and nondiscriminatory basis, property

19  and other structures under office control for the placement of

20  new facilities by any wireless provider of mobile service as

21  defined in 47 U.S.C. s. 153(n) or s. 332(d) and any

22  telecommunications company as defined in s. 364.02 when it is

23  determined to be practical and feasible to make such property

24  or other structures available. The office may, without

25  adopting a rule, charge a just, reasonable, and

26  nondiscriminatory fee for the placement of the facilities,

27  payable annually, based on the fair market value of space used

28  by comparable communications facilities in the state. The

29  office and a wireless provider or telecommunications company

30  may negotiate the reduction or elimination of a fee in

31  consideration of services provided to the office by the

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1  wireless provider or telecommunications company. All such fees

 2  collected by the office shall be deposited directly into the

 3  Law Enforcement Radio Operating Trust Fund, and may be used by

 4  the office to construct, maintain, or support the system.

 5         (23)  To provide an integrated electronic system for

 6  deploying government products, services, and information to

 7  individuals and businesses.

 8         (a)  The integrated electronic system shall reflect

 9  cost-effective deployment strategies in keeping with industry

10  standards and practices, including protections and security of

11  private information as well as maintenance of public records.

12         (b)  The office shall provide a method for assessing

13  fiscal accountability for the integrated electronic system and

14  shall establish the organizational structure required to

15  implement this system.

16         (24)  To provide administrative support to the Agency

17  Chief Information Officers Council and other workgroups

18  created by the State Chief Information Officer.

19         (25)  To facilitate state information technology

20  education and training for senior management and other agency

21  staff.

22         (26)  To prepare, on behalf of the Executive Office of

23  the Governor, memoranda on recommended guidelines and best

24  practices for information resources management, when

25  requested.

26         (27)  To prepare, publish, and disseminate the State

27  Annual Report on Enterprise Resource Planning and Management

28  under s. 282.310.

29         (28)  To deploy an enterprise technology services desk

30  to facilitate management of information technology systems,

31  and provide enterprise-wide reporting, asset management,

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1  capacity management, configuration management, monitoring of

 2  networks and security, disaster recovery support, and

 3  emergency alerts and messaging study and make a recommendation

 4  to the Governor and Legislature on the feasibility of

 5  implementing online voting in this state.

 6         (29)  To facilitate the development of a network access

 7  point in this state, as needed.

 8         (30)  To designate a State Chief Privacy Officer who

 9  shall be responsible for the continual review of policies,

10  laws, rules, and practices of state agencies which may affect

11  the privacy concerns of state residents.

12         (31)  To develop and operate a centralized enterprise

13  portal, which will serve as the single point of entry for

14  access to state services, websites, and information. The

15  enterprise portal will promulgate or sponsor enterprise tools

16  and services for use by all agencies to ensure compliance with

17  standards, including content management and site compliance.

18         (32)  To establish enterprise information technology

19  systems, tools, and services that meet established standards.

20         (33)  To develop and own or sponsor any system, tool,

21  or service to be promulgated at an enterprise level.

22         Section 4.  Section 282.106, Florida Statutes, is

23  amended to read:

24         282.106  Use of SUNCOM Network by libraries.--The State

25  Technology Office may provide SUNCOM Network services to any

26  library in the state, including libraries in public schools,

27  community colleges, state universities, and nonprofit private

28  postsecondary educational institutions, and libraries owned

29  and operated by municipalities and political subdivisions. A

30  library shall pay installation costs and recurring costs

31  

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1  according to the office's published rates for SUNCOM Network

 2  services.

 3         Section 5.  Paragraph (a) of subsection (2) of section

 4  282.1095, Florida Statutes, is amended to read:

 5         282.1095  State agency law enforcement radio system.--

 6         (2)(a)  The Joint Task Force on State Agency Law

 7  Enforcement Communications shall consist of eight members, as

 8  follows:

 9         1.  A representative of the Division of Alcoholic

10  Beverages and Tobacco of the Department of Business and

11  Professional Regulation who shall be appointed by the

12  secretary of the department.

13         2.  A representative of the Division of Florida Highway

14  Patrol of the Department of Highway Safety and Motor Vehicles

15  who shall be appointed by the executive director of the

16  department.

17         3.  A representative of the Department of Law

18  Enforcement who shall be appointed by the executive director

19  of the department.

20         4.  A representative of the Fish and Wildlife

21  Conservation Commission who shall be appointed by the

22  executive director of the commission.

23         5.  A representative of the Division of Law Enforcement

24  of the Department of Environmental Protection who shall be

25  appointed by the secretary of the department.

26         6.  A representative of the Department of Corrections

27  who shall be appointed by the secretary of the department.

28         7.  A representative of the Division of State Fire

29  Marshal of the Department of Financial Services Insurance who

30  shall be appointed by the Chief Financial Officer State Fire

31  Marshal.

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1         8.  A representative of the Department of

 2  Transportation who shall be appointed by the secretary of the

 3  department.

 4         Section 6.  Subsection (4) of section 282.111, Florida

 5  Statutes, is amended to read:

 6         282.111  Statewide system of regional law enforcement

 7  communications.--

 8         (4)  The State Chief Information Officer of the State

 9  Technology Office or his or her designee is designated as the

10  director of the statewide system of regional law enforcement

11  communications and, for the purpose of carrying out the

12  provisions of this section, is authorized to coordinate the

13  activities of the system with other interested state agencies

14  and local law enforcement agencies.

15         Section 7.  Section 282.20, Florida Statutes, is

16  amended to read:

17         282.20  Shared Technology Resource Center.--

18         (1)(a)  The State Technology Office shall oversee

19  operation and management of operate and manage the Shared

20  Technology Resource Center.

21         (b)  For the purposes of this section, the term:

22         1.  "Information-system utility" means a full-service

23  information-processing facility offering hardware, software,

24  operations, integration, networking, and consulting services.

25         2.  "Customer" means a state agency or other entity

26  which is authorized to utilize the SUNCOM Network pursuant to

27  this part.

28         (2)  The Shared Technology Resource Center shall:

29         (a)  Serve the office and other customers as an

30  information-system utility.

31  

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1         (b)  Cooperate with customers to offer, develop, and

 2  support a wide range of services and applications needed by

 3  users of the Shared Technology Resource Center.

 4         (c)  Cooperate with the Florida Legal Resource Center

 5  of the Department of Legal Affairs and other state agencies to

 6  develop and provide access to repositories of legal

 7  information throughout the state.

 8         (d)  Cooperate with the office to facilitate

 9  interdepartmental networking and integration of network

10  services for its customers.

11         (e)  Assist customers in testing and evaluating new and

12  emerging technologies that could be used to meet the needs of

13  the state.

14         (3)  The office may contract with customers to provide

15  any combination of services necessary for agencies to fulfill

16  their responsibilities and to serve their users.

17         (4)  The Shared Technology Resource Center may plan,

18  design, establish pilot projects for, and conduct experiments

19  with information technology resources, and may implement

20  enhancements in services when such implementation is

21  cost-effective. Funding for experiments and pilot projects

22  shall be derived from service revenues and may not exceed 5

23  percent of the service revenues for the Shared Technology

24  Resource Center for any single fiscal year. Any experiment,

25  pilot project, plan, or design must be approved by the State

26  Chief Information Officer.

27         (5)  Notwithstanding the provisions of s. 216.272, the

28  Shared Technology Resource Center may spend funds in the

29  reserve account of the Technology Enterprise Operating Trust

30  Fund for enhancements to center operations or for information

31  technology resources. Any expenditure of reserve account funds

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1  must be approved by the State Chief Information Officer. Any

 2  funds remaining in the reserve account at the end of the

 3  fiscal year may be carried forward and spent as approved by

 4  the State Chief Information Officer, provided that such

 5  approval conforms to any applicable provisions of chapter 216.

 6         Section 8.  Paragraph (a) of subsection (1) of section

 7  282.3055, Florida Statutes, is amended to read:

 8         282.3055  Agency Chief Information Office Officer;

 9  appointment; duties.--

10         (1)(a)  To assist the State Technology Officer in

11  carrying out the enterprise resource planning and management

12  responsibilities, the State Chief Information Officer may

13  appoint or contract for an Agency Chief Information Officer.

14  This position may be full time or part time.

15         Section 9.  Paragraph (c) of subsection (1) of section

16  282.315, Florida Statutes, is amended to read:

17         282.315  Agency Chief Information Officers Council;

18  creation.--The Legislature finds that enhancing communication,

19  consensus building, coordination, and facilitation of

20  statewide enterprise resource planning and management issues

21  is essential to improving state management of such resources.

22         (1)  There is created an Agency Chief Information

23  Officers Council, chaired by the State Chief Information

24  Officer or a designee, to:

25         (c)  Identify efficiency opportunities among state

26  agencies. Each agency chief information officer shall focus on

27  procuring IT resources that can be used across the enterprise.

28         Section 10.  Section 282.322, Florida Statutes, is

29  amended to read:

30         282.322  Special monitoring process for designated

31  information resources management projects.--

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1         (1)  For each information resources management project

 2  which is designated for special monitoring in the General

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

 4  project monitor, the Technology Review Workgroup established

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

 6  agency, shall be responsible for contracting with the project

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

 8  amount shall be transferred to the Technology Review Workgroup

 9  upon request and subsequent approval of a budget amendment

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

11  Legislative Auditing Committee, the office of the Auditor

12  General shall be the project monitor for other projects

13  designated for special monitoring. However, nothing in this

14  section precludes the Auditor General from conducting such

15  monitoring on any project designated for special monitoring.

16  In addition to monitoring and reporting on significant

17  communications between a contracting agency and the

18  appropriate federal authorities, the project monitoring

19  process shall consist of evaluating each major stage of the

20  designated project to determine whether the deliverables have

21  been satisfied and to assess the level of risks associated

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

23  stages of each designated project shall be determined based on

24  the agency's information systems development methodology.

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

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

27  monitor shall issue a written report, including the findings

28  and recommendations for correcting deficiencies, to the agency

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

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

31  written statement of explanation or rebuttal concerning the

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1  findings and recommendations of the project monitor, including

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

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

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

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

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

 7  Governor, the appropriations committees of the Legislature,

 8  the Joint Legislative Auditing Committee, the Technology

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

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

11  Analysis and Government Accountability. The Auditor General

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

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

14  monitor.

15         (2)  The Enterprise Program Project Management Office

16  of the State Technology Office shall report any information

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

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

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

20  the appropriations committees. Within the limits of current

21  appropriations, the Enterprise Program Project Management

22  Office shall monitor and report on such high-risk information

23  technology projects, and assess the levels of risks associated

24  with proceeding to the next stage of the project.

25         (3)  The Enterprise Program Management Office shall

26  plan, design, develop, and implement key enterprise projects

27  as determined by the State Chief Information Officer and shall

28  be involved in the planning stages of agency information

29  technology projects to ensure a comprehensive approach to

30  technology solutions. The Enterprise Program Management Office

31  

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1  shall develop enterprise integration guidelines and promulgate

 2  project management standards.

 3         Section 11.  Paragraphs (e) through (k) of subsection

 4  (2) of section 11.45, Florida Statutes, are amended to read:

 5         11.45  Definitions; duties; authorities; reports;

 6  rules.--

 7         (2)  DUTIES.--The Auditor General shall:

 8         (e)  Annually conduct an audit of the Wireless

 9  Emergency Telephone System Fund as described in s. 365.173.

10         (e)(f)  At least every 2 years, conduct operational

11  audits of the accounts and records of state agencies and

12  universities. In connection with these audits, the Auditor

13  General shall give appropriate consideration to reports issued

14  by state agencies' inspectors general or universities'

15  inspectors general and the resolution of findings therein.

16         (f)(g)  At least every 2 years, conduct a performance

17  audit of the local government financial reporting system,

18  which, for the purpose of this chapter, means any statutory

19  provisions related to local government financial reporting.

20  The purpose of such an audit is to determine the accuracy,

21  efficiency, and effectiveness of the reporting system in

22  achieving its goals and to make recommendations to the local

23  governments, the Governor, and the Legislature as to how the

24  reporting system can be improved and how program costs can be

25  reduced. The local government financial reporting system

26  should provide for the timely, accurate, uniform, and

27  cost-effective accumulation of financial and other information

28  that can be used by the members of the Legislature and other

29  appropriate officials to accomplish the following goals:

30         1.  Enhance citizen participation in local government;

31  

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1         2.  Improve the financial condition of local

 2  governments;

 3         3.  Provide essential government services in an

 4  efficient and effective manner; and

 5         4.  Improve decisionmaking on the part of the

 6  Legislature, state agencies, and local government officials on

 7  matters relating to local government.

 8         (g)(h)  Once every 3 years, conduct performance audits

 9  of the Department of Revenue's administration of the ad

10  valorem tax laws as described in s. 195.096.

11         (h)(i)  Once every 3 years, conduct financial audits of

12  the accounts and records of all district school boards in

13  counties with populations of 125,000 or more, according to the

14  most recent federal decennial statewide census.

15         (i)(j)  Once every 3 years, review a sample of each

16  state agency's internal audit reports to determine compliance

17  with current Standards for the Professional Practice of

18  Internal Auditing or, if appropriate, government auditing

19  standards.

20         (j)(k)  Conduct audits of local governmental entities

21  when determined to be necessary by the Auditor General, when

22  directed by the Legislative Auditing Committee, or when

23  otherwise required by law. No later than 18 months after the

24  release of the audit report, the Auditor General shall perform

25  such appropriate followup procedures as he or she deems

26  necessary to determine the audited entity's progress in

27  addressing the findings and recommendations contained within

28  the Auditor General's previous report. The Auditor General

29  shall provide a copy of his or her determination to each

30  member of the audited entity's governing body and to the

31  Legislative Auditing Committee.

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1  

 2         The Auditor General shall perform his or her duties

 3  independently but under the general policies established by

 4  the Legislative Auditing Committee. This subsection does not

 5  limit the Auditor General's discretionary authority to conduct

 6  other audits or engagements of governmental entities as

 7  authorized in subsection (3).

 8         Section 12.  Paragraph (e) of subsection (2) of section

 9  110.205, Florida Statutes, is amended to read:

10         110.205  Career service; exemptions.--

11         (2)  EXEMPT POSITIONS.--The exempt positions that are

12  not covered by this part include the following:

13         (e)  The State 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         Section 13.  Paragraph (c) of subsection (4) of section

20  216.235, Florida Statutes, is amended to read:

21         216.235  Innovation Investment Program.--

22         (4)  There is hereby created the State Innovation

23  Committee, which shall have final approval authority as to

24  which innovative investment projects submitted under this

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

26  seven members. Appointed members shall serve terms of 1 year

27  and may be reappointed. The committee shall include:

28         (c)  The State Chief Information Officer in the State

29  Technology Office.

30         Section 14.  Subsection (9) of section 216.292, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1         216.292  Appropriations nontransferable; exceptions.--

 2         (9)  Moneys appropriated in the General Appropriations

 3  Act for the purpose of paying for services provided by the

 4  State Technology Office state communications system in the

 5  Department of Management Services shall be paid by the user

 6  agencies, or the judicial branch, within 45 days after the

 7  billing date. Billed amounts not paid by the user agencies, or

 8  by the judicial branch, shall be transferred by the Department

 9  of Financial Services Comptroller from the user agencies to

10  the Communications Working Capital Trust Fund.

11         Section 15.  Section 395.1031, Florida Statutes, is

12  amended to read:

13         395.1031  Emergency medical services;

14  communication.--Each licensed hospital with an emergency

15  department must be capable of communicating by two-way radio

16  with all ground-based basic life support service vehicles and

17  advanced life support service vehicles that operate within the

18  hospital's service area under a state permit and with all

19  rotorcraft air ambulances that operate under a state permit.

20  The hospital's radio system must be capable of interfacing

21  with municipal mutual aid channels designated by the State

22  Technology Office Department of Management Services and the

23  Federal Communications Commission.

24         Section 16.  Section 401.013, Florida Statutes, is

25  amended to read:

26         401.013  Legislative intent.--It is the intention and

27  purpose of the Legislature that a statewide system of regional

28  emergency medical telecommunications be developed whereby

29  maximum use of existing radio channels is achieved in order to

30  more effectively and rapidly provide emergency medical service

31  to the general population. To this end, all emergency medical

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1  service entities within the state are directed to provide the

 2  State Technology Office Department of Management Services with

 3  any information that office the department requests for the

 4  purpose of implementing the provisions of s. 401.015, and such

 5  entities shall comply with the resultant provisions

 6  established pursuant to this part.

 7         Section 17.  Section 401.015, Florida Statutes, is

 8  amended to read:

 9         401.015  Statewide regional emergency medical

10  telecommunication system.--The State Technology Office

11  Department of Management Services is authorized and directed

12  to develop a statewide system of regional emergency medical

13  telecommunications. For the purpose of this part, the term

14  "telecommunications" means those voice, data, and signaling

15  transmissions and receptions between emergency medical service

16  components, including, but not limited to: ambulances; rescue

17  vehicles; hospitals or other related emergency receiving

18  facilities; emergency communications centers; physicians and

19  emergency medical personnel; paging facilities; law

20  enforcement and fire protection agencies; and poison control,

21  suicide, and emergency management agencies. In formulating

22  such a system, the department shall divide the state into

23  appropriate regions and shall develop a program which

24  includes, but is not limited to, the following provisions:

25         (1)  A requirements provision, which shall state the

26  telecommunications requirements for each emergency medical

27  entity comprising the region.

28         (2)  An interfacility communications provision, which

29  shall depict the telecommunications interfaces between the

30  various medical service entities which operate within the

31  region and state.

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1         (3)  An organizational layout provision, which shall

 2  include each emergency medical entity and the number of radio

 3  operating units (base, mobile, handheld, etc.) per entity.

 4         (4)  A frequency allocation and use provision, which

 5  shall include on an entity basis each assigned and planned

 6  radio channel and the type of operation (simplex, duplex, half

 7  duplex, etc.) on each channel.

 8         (5)  An operational provision, which shall include

 9  dispatching, logging, and operating procedures pertaining to

10  telecommunications on an entity basis and regional basis.

11         (6)  An emergency medical service telephone provision,

12  which shall include the telephone and the numbering plan

13  throughout the region for both the public and interface

14  requirements.

15         Section 18.  Section 401.018, Florida Statutes, is

16  amended to read:

17         401.018  System coordination.--

18         (1)  The statewide system of regional emergency medical

19  telecommunications shall be developed by the State Technology

20  Office Department of Management Services, which office

21  department shall be responsible for the implementation and

22  coordination of such system into the state telecommunications

23  plan. The office department shall adopt any necessary rules

24  and regulations for implementing and coordinating such a

25  system.

26         (2)  The State Technology Office Department of

27  Management Services shall be designated as the state frequency

28  coordinator for the special emergency radio service.

29         Section 19.  Section 401.021, Florida Statutes, is

30  amended to read:

31  

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1         401.021  System director.--The State Chief Information

 2  Officer Secretary of Management Services or his or her

 3  designee is designated as the director of the statewide

 4  telecommunications system of the regional emergency medical

 5  service and, for the purpose of carrying out the provisions of

 6  this part, is authorized to coordinate the activities of the

 7  telecommunications system with other interested state, county,

 8  local, and private agencies.

 9         Section 20.  Section 401.024, Florida Statutes, is

10  amended to read:

11         401.024  System approval.--From July 1, 1973, no

12  emergency medical telecommunications system shall be

13  established or present systems expanded without prior approval

14  of the State Technology Office Department of Management

15  Services.

16         Section 21.  Section 401.027, Florida Statutes, is

17  amended to read:

18         401.027  Federal assistance.--The State Chief

19  Information Officer Secretary of Management Services or his or

20  her designee is authorized to apply for and accept federal

21  funding assistance in the development and implementation of a

22  statewide emergency medical telecommunications system.

23         Section 22.  Paragraph (b) of subsection (2) of section

24  401.245, Florida Statutes, is amended to read:

25         401.245  Emergency Medical Services Advisory Council.--

26         (2)

27         (b)  Representation on the Emergency Medical Services

28  Advisory Council shall include: two licensed physicians who

29  are "medical directors" as defined in s. 401.23(15) or whose

30  medical practice is closely related to emergency medical

31  services; two emergency medical service administrators, one of

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    Florida Senate - 2003                                  SB 2614
    12-1666-03                                         See HB 1237




 1  whom is employed by a fire service; two certified paramedics,

 2  one of whom is employed by a fire service; two certified

 3  emergency medical technicians, one of whom is employed by a

 4  fire service; one emergency medical services educator; one

 5  emergency nurse; one hospital administrator; one

 6  representative of air ambulance services; one representative

 7  of a commercial ambulance operator; and two laypersons who are

 8  in no way connected with emergency medical services, one of

 9  whom is a representative of the elderly. Ex officio members of

10  the advisory council from state agencies shall include, but

11  shall not be limited to, representatives from the Department

12  of Education, the State Technology Office Department of

13  Management Services, the Department of Insurance, the

14  Department of Highway Safety and Motor Vehicles, the

15  Department of Transportation, and the Department of Community

16  Affairs.

17         Section 23.  This act shall take effect July 1, 2003.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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