Senate Bill sb2734

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    Florida Senate - 2004                                  SB 2734

    By Senator Bennett





    21-1865-04

  1                      A bill to be entitled

  2         An act relating to the State Technology Office;

  3         amending s. 282.102, F.S.; providing that the

  4         Chief Information Officer be appointed by, and

  5         serve at the pleasure of, the Secretary of

  6         Management Services; deleting the provision

  7         that the office is a separate budget entity

  8         from the department; providing powers of the

  9         department with respect to adopting policies

10         and procedures for the office; providing an

11         effective date.

12  

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

14  

15         Section 1.  Section 282.102, Florida Statutes, is

16  amended to read:

17         282.102  Creation of the State Technology Office;

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

19  within the Department of Management Services a State

20  Technology Office. The office shall be a separate budget

21  entity, and shall be headed by a Chief Information Officer who

22  is appointed by the Governor and is in the Senior Management

23  Service. The Secretary of Management Services shall appoint a

24  Chief Information Officer, who shall head the office and serve

25  at the pleasure of the secretary shall be an agency head for

26  all purposes. The Department of Management Services shall

27  provide administrative support and service to the office to

28  the extent requested by the Chief Information Officer. The

29  Department of Management Services office may adopt policies

30  and procedures regarding personnel, procurement, and

31  

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    Florida Senate - 2004                                  SB 2734
    21-1865-04




 1  transactions for State Technology Office personnel. The office

 2  shall have the following powers, duties, and functions:

 3         (1)  To publish electronically the portfolio of

 4  services available from the office, including pricing

 5  information; the policies and procedures of the office

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

 7  priorities and initiatives for the state communications system

 8  for the ensuing 2 years.

 9         (2)  To adopt rules implementing policies and

10  procedures providing best practices to be followed by agencies

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

12  disposing of information technology.

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

14  enterprise resource planning and management for the agency.

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

16  political subdivisions of the state as to systems or methods

17  to be used for organizing and meeting information technology

18  requirements efficiently and effectively.

19         (5)  To integrate the information technology systems

20  and services of state agencies.

21         (6)  To adopt technical standards for the state

22  information technology system which will assure the

23  interconnection of computer networks and information systems

24  of agencies.

25         (7)  To assume management responsibility for any

26  integrated information technology system or service when

27  determined by the office to be economically efficient or

28  performance-effective.

29         (8)  To enter into agreements related to information

30  technology with state agencies and political subdivisions of

31  the state.

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    Florida Senate - 2004                                  SB 2734
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 1         (9)  To use and acquire, with agency concurrence,

 2  information technology now owned or operated by any agency.

 3         (10)  To purchase from or contract with information

 4  technology providers for information technology, including

 5  private line services.

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

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

 8  authorizations, patents, copyrights, trademarks, service

 9  marks, licenses, and allocations or channels and frequencies

10  to carry out the purposes of this part.

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

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

13  personal, and intellectual property, including, but not

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

15  marks.

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

17  emergency management agency in providing for emergency

18  communications services.

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

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

21  information technology or, as necessary, to control and

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

23  information technology, including, but not limited to,

24  communications services provided as part of any other total

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

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

27  control of existing communications equipment and facilities,

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

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

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

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

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    Florida Senate - 2004                                  SB 2734
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 1  facilities owned by, or leased to, the state or any state

 2  agency by any telecommunications company.

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

 4  120.54 relating to information technology and to administer

 5  the provisions of this part.

 6         (17)  To provide a means whereby political subdivisions

 7  of the state may use state information technology systems upon

 8  such terms and under such conditions as the office may

 9  establish.

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

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

12  individuals, foundations, and private organizations.

13         (19)  To monitor issues relating to communications

14  facilities and services before the Florida Public Service

15  Commission and, when necessary, prepare position papers,

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

17  on behalf of state agencies in proceedings before the

18  commission.

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

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

21  or interpret, communications within the SUNCOM Network by:

22         (a)  Establishing technical standards to physically

23  interface with the SUNCOM Network.

24         (b)  Specifying how communications are transmitted

25  within the SUNCOM Network.

26         (c)  Controlling the routing of communications within

27  the SUNCOM Network.

28         (d)  Establishing standards, policies, and procedures

29  for access to the SUNCOM Network.

30  

31  

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    Florida Senate - 2004                                  SB 2734
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 1         (e)  Ensuring orderly and reliable communications

 2  services in accordance with the service level agreements

 3  executed with state agencies.

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

 5  information technology services, equipment, and technologies,

 6  and to implement enhancements in the state information

 7  technology system when in the public interest and

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

 9  from SUNCOM Network service revenues and shall not exceed 2

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

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

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

13  affect existing rates for facilities or services.

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

15  without competitive bidding or procurement, to make available,

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

17  and other structures under office control for the placement of

18  new facilities by any wireless provider of mobile service as

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

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

21  determined to be practical and feasible to make such property

22  or other structures available. The office may, without

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

24  nondiscriminatory fee for the placement of the facilities,

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

26  by comparable communications facilities in the state. The

27  office and a wireless provider or telecommunications company

28  may negotiate the reduction or elimination of a fee in

29  consideration of services provided to the office by the

30  wireless provider or telecommunications company. All such fees

31  collected by the office shall be deposited directly into the

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    Florida Senate - 2004                                  SB 2734
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 1  Law Enforcement Radio Operating Trust Fund, and may be used by

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

 3         (23)  To provide an integrated electronic system for

 4  deploying government products, services, and information to

 5  individuals and businesses.

 6         (a)  The integrated electronic system shall reflect

 7  cost-effective deployment strategies in keeping with industry

 8  standards and practices, including protections and security of

 9  private information as well as maintenance of public records.

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

11  fiscal accountability for the integrated electronic system and

12  shall establish the organizational structure required to

13  implement this system.

14         (24)  To provide administrative support to the Agency

15  Chief Information Officers Council and other workgroups

16  created by the Chief Information Officer.

17         (25)  To facilitate state information technology

18  education and training for senior management and other agency

19  staff.

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

21  the Governor, memoranda on recommended guidelines and best

22  practices for information resources management, when

23  requested.

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

25  Annual Report on Enterprise Resource Planning and Management

26  under s. 282.310.

27         (28)  To study and make a recommendation to the

28  Governor and Legislature on the feasibility of implementing

29  online voting in this state.

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

31  point in this state, as needed.

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    Florida Senate - 2004                                  SB 2734
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 1         (30)  To designate a State Chief Privacy Officer who

 2  shall be responsible for the continual review of policies,

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

 4  the privacy concerns of state residents.

 5         Section 2.  This act shall take effect July 1, 2004.

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 8                          SENATE SUMMARY

 9    Transfers authority for appointing the head of the State
      Technology Office from the Governor to the Secretary of
10    Management Services. Provides powers of the department
      over the office.
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