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.
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13 Be It Enacted by the Legislature of the State of Florida:
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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
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Florida Senate - 2004 SB 2734
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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.
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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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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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