(LATE FILED)	Amendment
Bill No. 1494

Amendment No. 163331

CHAMBER ACTION
Senate		House
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1	Representative Allen offered the following:
2
3	Substitute Amendment for Amendment (753843) (with title
4	amendment)
5	Remove everything after the enacting clause and insert:
6	Section 1.  Section 282.0051, Florida Statutes, is created
7	to read:
8	282.0051  Information technology management.--
9	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
10	finds that the state needs an information technology
11	architecture to support the business needs of individual
12	agencies while optimizing the state's collective use of
13	information technology through integration, coordination,
14	consolidation, and sharing. It is the intent of the Legislature
15	that:
16	(a)  The state shall make governmental information and
17	services more accessible to citizens by developing a statewide
18	internet portal presence, a state e-mail system, and state
19	security protocols.
20	(b)  Each state agency shall develop and implement
21	information technology in the best interest of the state by
22	whatever means are cost effective and efficient, are nonvendor
23	specific systems, and maximize use of shared data and resources.
24	(c)  Agency information technology investments must be
25	governed responsibly, consistent with fiscal and substantive
26	policies established by the Legislature, and aligned with
27	business needs.
28	(2)  DEFINITIONS.--As used in this section, the term:
29	(a)  "Agency information technology investment management"
30	means an analytical decisionmaking process that is used to
31	systematically prioritize, select, and manage information
32	technology investments for the agency.
33	(b)  "Information technology investment" means the cost
34	associated with agency resources, hardware, software, or
35	contracted services that are required to provide information
36	technology services and to initiate approved information
37	technology projects.
38	(c)  "Information technology portfolio" means the aggregate
39	list of information technology investments aligned with agency
40	business needs.
41	(d)  "Information technology services" means the strategic
42	and nonstrategic information technology services used to enable
43	agency business processes and as further defined in the
44	legislative budget instructions developed pursuant to s.
45	216.023.
46	(e)  "Information technology services catalog" means a
47	report defining and describing each information technology
48	service.
49	(f)  "Project management" means a set of disciplines
50	required for planning, organizing, managing, implementing, and
51	controlling organizational and fiscal resources in order to
52	complete information technology projects.
53	(g)  "Service level agreement" means a written agreement
54	between a service provider and the agency which describes each
55	service to be provided and documents the required service
56	objectives and service levels for a service. Service providers
57	include external providers, internal providers, and other agency
58	providers.
59	(3)  AGENCY INFORMATION TECHNOLOGY INVESTMENT MANAGEMENT
60	PROCESS.--The agency information technology investment
61	management process shall be used as the primary tool to support
62	the information technology investment decisions of each agency.
63	The agency shall adopt the model portfolio management process
64	developed pursuant to s. 282.3025(2)(d) and may adjust the model
65	to meet agency-specific organizational needs subject to the
66	approval of the Agency Chief Information Officers Council.
67	(a)  The investment management process shall:
68	1.  Be administered by the agency head and include
69	executive managers from across the agency's program areas.
70	2.  Define initiatives using a comprehensive, uniform
71	format.
72	3.  Evaluate initiatives using an objective framework.
73	4.  Prioritize initiatives and match initiatives to
74	resources.
75	5.  Manage the portfolio and the process proactively.
76	(b)  Agency-approved initiatives which become information
77	technology projects are subject to the requirements of
78	subsection (4). New initiatives requiring funding shall be
79	submitted in the agency's legislative budget request pursuant to
80	s. 216.023.
81	(c)  The agency shall prepare an information technology
82	portfolio in a format prescribed in the legislative budget
83	instructions pursuant to s. 216.023. The portfolio shall
84	include, but need not be limited to:
85	1.  A summary statement of the agency's mission, goals, and
86	objectives for information technology which are supported
87	through the agency's information technology portfolio.
88	2.  Identification of projects and resources required to
89	meet the objectives of the portfolio.
90	3.  The agency information technology services catalog with
91	services linked to business processes or business needs.
92	4.  Implementation schedules estimating the time and
93	funding required to implement information technology projects.
94	5.  Funding needed to implement information technology
95	services identified in the information technology services
96	catalog.
97	(d)  The agency shall submit its information technology
98	portfolio as part of its legislative budget request in the
99	manner and form prescribed in the legislative budget request
100	instructions as provided in s. 216.023.
101	(4)  INFORMATION TECHNOLOGY PROJECT MANAGEMENT.--
102	(a)  Each agency shall implement the project management
103	methodology developed pursuant to s. 282.3025(2)(c). The agency
104	may make adjustment based on their specific organizational needs
105	and subject to the approval of the Agency Chief Information
106	Officers Council.
107	(b)  Information technology projects shall be administered
108	according to the following requirements:
109	1.  Projects that refresh desktop units or infrastructure
110	equipment with new technology that is similar to the technology
111	currently in use are exempt from the project planning and
112	reporting requirements in this section unless otherwise
113	specified in the General Appropriations Act.
114	2.  For projects with a total cost ranging from $500,000 to
115	$1,999,999, the agency must appoint a project manager to ensure
116	that needed project planning and management requirements are
117	fulfilled.
118	3.  For projects with a total cost ranging from $500,000 to
119	$2 million which involve routine hardware or software upgrades
120	for a single agency, the agency must appoint a project manager
121	to timely deploy and implement the upgrade. Should the project
122	be considered high-risk, the project manager shall ensure that
123	needed project planning and management requirements are
124	fulfilled.
125	4.  For projects with a total cost ranging from $2 million
126	to $10 million, the agency must appoint a project manager to
127	ensure that needed project planning and management requirements
128	are fulfilled. For projects in this range which are determined
129	to impact the general public or which affect an agency's
130	organizational structure, business processes, or service
131	delivery model, the agency must appoint a dedicated project
132	manager and project management team to ensure that all project
133	planning and management requirements are fulfilled.
134	5.  For any project with a total cost greater than $10
135	million, the agency must appoint a dedicated project manager and
136	project management team to ensure that all project planning and
137	management requirements are fulfilled.
138	Section 2.  Section 20.22, Florida Statutes, is amended to
139	read:
140	20.22  Department of Management Services.--There is created
141	a Department of Management Services.
142	(1)  The head of the Department of Management Services is
143	the Secretary of Management Services, who shall be appointed by
144	the Governor, subject to confirmation by the Senate, and shall
145	serve at the pleasure of the Governor.
146	(2)  The following divisions and programs within the
147	Department of Management Services are established:
148	(a)  Facilities Program.
149	(b)  State Technology Program Office.
150	(c)  Workforce Program.
151	(d)1.  Support Program.
152	2.  Federal Property Assistance Program.
153	(e)  Administration Program.
154	(f)  Division of Administrative Hearings.
155	(g)  Division of Retirement.
156	(h)  Division of State Group Insurance.
157	(i)  Florida Technology Council.
158	(3)  The State Technology Office shall operate and manage
159	the Technology Resource Center.
160	(3)(4)  The duties of the Chief Labor Negotiator shall be
161	determined by the Secretary of Management Services, and must
162	include, but need not be limited to, the representation of the
163	Governor as the public employer in collective bargaining
164	negotiations pursuant to the provisions of chapter 447.
165	Section 3.  Section 186.022, Florida Statutes, is repealed.
166	Section 4.  Section 216.0446, Florida Statutes, is amended
167	to read:
168	216.0446  Review of information resources management
169	needs.--
170	(1)  There is created within the Legislature the Technology
171	Review Workgroup. The workgroup and the State Technology Office
172	shall independently review and make recommendations with respect
173	to the portion of agencies' long-range program plans which
174	pertains to information technology resources management needs
175	and with respect to agencies' legislative budget requests for
176	information technology and related resources. The Technology
177	Review Workgroup shall report such recommendations, together
178	with the findings and conclusions on which such recommendations
179	are based, to the Legislative Budget Commission. The State
180	Technology Office shall report such recommendations, together
181	with the findings and conclusions on which such recommendations
182	are based, to the Executive Office of the Governor and to the
183	chairs of the legislative appropriations committees.
184	(2)  In addition to its primary duty specified in
185	subsection (1), the Technology Review Workgroup shall have
186	powers and duties that include, but are not limited to, the
187	following:
188	(a)  To evaluate the information resource management needs
189	identified in the agency long-range program plans for
190	consistency with the Statewide Information Technology Strategic
191	Plan State Annual Report on Enterprise Resource Planning and
192	Management and statewide policies recommended by the State
193	Technology Office, and make recommendations to the Legislative
194	Budget Commission.
195	(b)  To review and make recommendations to the Legislative
196	Budget Commission on proposed budget amendments and agency
197	transfers associated with information technology initiatives or
198	projects that involve more than one agency, that have an outcome
199	that impacts another agency, that exceed $500,000 in total cost
200	over a 1-year period, or that are requested by the Legislative
201	Budget Commission to be reviewed.
202	Section 5.  Pursuant to section 216.351, Florida Statutes,
203	paragraph (c) of subsection (1) of section 216.292, Florida
204	Statutes, is repealed.
205	Section 6.  Section 282.0041, Florida Statutes, is amended
206	to read:
207	282.0041  Definitions.--For the purposes of this part, the
208	term:
209	(1)  "Agency" means those entities described in s.
210	216.011(1)(qq).
211	(2)  "Agency Annual Enterprise Resource Planning and
212	Management Report" means the report prepared by each agency
213	chief information officer as required by s. 282.3063.
214	(2)(3)  "Agency chief information officer" means the person
215	appointed by the agency head State Technology Office to
216	coordinate and manage the information technology policies and
217	activities applicable to that agency.
218	(3)(4)  "Agency Chief Information Officers Council" means
219	the council created in s. 282.315 to facilitate the sharing and
220	coordination of information technology issues and initiatives
221	among the agencies.
222	(4)  "Department" means the Department of Management
223	Services.
224	(5)  "Florida Technology Council" or "council" means the
225	organization created in s. 282.3025.
226	(6)(7)  "Information technology" means equipment, hardware,
227	software, firmware, programs, systems, networks, infrastructure,
228	media, and related material used to automatically,
229	electronically, and wirelessly collect, receive, access,
230	transmit, display, store, record, retrieve, analyze, evaluate,
231	process, classify, manipulate, manage, assimilate, control,
232	communicate, exchange, convert, converge, interface, switch, or
233	disseminate information of any kind or form.
234	(7)(5)  "Information technology Enterprise resources
235	management infrastructure" means the hardware, software,
236	networks, data, human resources, policies, standards,
237	facilities, maintenance, and related materials and services that
238	are required to support the business processes of an agency or
239	state enterprise.
240	(8)(6)  "Information technology Enterprise resource
241	planning and management" means the planning, budgeting,
242	acquiring, developing, organizing, directing, training, control,
243	and related services associated with government information
244	technology. The term encompasses information and related
245	resources, as well as the controls associated with their
246	acquisition, development, dissemination, and use.
247	(9)(8)  "Project" means an undertaking directed at the
248	implementation accomplishment of information technology to
249	achieve a strategic objective relating to enterprise resources
250	management or a specific appropriated program.
251	(9)  "State Annual Report on Enterprise Resource Planning
252	and Management" means the report prepared by the State
253	Technology Office as defined in s. 282.102.
254	(10)  "Standards" means the generally accepted definitions
255	for information technology which promote the use of current,
256	open, nonproprietary, or non-vendor-specific technologies.
257	(11)  "State Technology Office" or "office" means the
258	office created in s. 282.102.
259	(12)  "Total cost" means all costs associated with
260	information technology projects or initiatives, including, but
261	not limited to, value of hardware, software, service,
262	maintenance, incremental personnel, and facilities. Total cost
263	of a loan or gift of information technology resources to an
264	agency includes the fair market value of the resources, except
265	that the total cost of loans or gifts of information technology
266	to state universities to be used in instruction or research does
267	not include fair market value.
268	Section 7.  Section 282.005, Florida Statutes, is repealed.
269	Section 8.  Section 282.0055, Florida Statutes, is created
270	to read:
271	282.0055  Limitation with respect to cabinet
272	personnel.--The Florida Technology Council and the department
273	may not take action affecting the supervision, control,
274	management, or coordination of information technology and
275	information technology personnel that any cabinet officer listed
276	in s. 4, Art. IV of the State Constitution deems necessary for
277	the exercise of his or her statutory or constitutional duties.
278	Section 9.  Section 282.102, Florida Statutes, is amended
279	to read:
280	282.102  Creation of the State Technology Office; Powers
281	and duties of the department.--There is created a State
282	Technology Office within The powers and duties of the department
283	include Department of Management Services. The office shall be a
284	separate budget entity, and shall be headed by a Chief
285	Information Officer who is appointed by the Governor and is in
286	the Senior Management Service. The Chief Information Officer
287	shall be an agency head for all purposes. The Department of
288	Management Services shall provide administrative support and
289	service to the office to the extent requested by the Chief
290	Information Officer. The office may adopt policies and
291	procedures regarding personnel, procurement, and transactions
292	for State Technology Office personnel. The office shall have the
293	following powers, duties, and functions:
294	(1)  To publish electronically the portfolio of services
295	available from the department office, including pricing
296	information; the policies and procedures of the department
297	office governing usage of available services; and a forecast of
298	the priorities and initiatives for the state communications
299	system for the ensuing 2 years.
300	(2)  To adopt rules implementing policies and procedures
301	providing best practices to be followed by agencies in
302	acquiring, using, upgrading, modifying, replacing, or disposing
303	of information technology.
304	(3)  To perform, in consultation with an agency, the
305	enterprise resource planning and management for the agency.
306	(2)(4)  To advise and render aid to state agencies and
307	political subdivisions of the state as to systems or methods to
308	be used for organizing and meeting communications information
309	technology requirements efficiently and effectively.
310	(5)  To integrate the information technology systems and
311	services of state agencies.
312	(3)(6)  To adopt technical standards for the state
313	communications information technology system which will assure
314	the interconnection of computer networks and information systems
315	of agencies.
316	(4)(7)  To assume management responsibility for any
317	consolidated communications system integrated information
318	technology system or service when determined jointly by the
319	department and the agency office to be economically efficient or
320	performance-effective.
321	(5)(8)  To enter into agreements related to information
322	technology with state agencies and political subdivisions of the
323	state for services provided herein.
324	(6)(9)  To use and acquire, with agency concurrence,
325	communications facilities information technology now owned or
326	operated by any agency.
327	(7)(10)  To purchase from or contract with information
328	technology providers for communications facilities and services
329	information technology, including private line services.
330	(8)(11)  To apply for, receive, and hold, and to assist
331	agencies in applying for, receiving, or holding, such
332	authorizations, patents, copyrights, trademarks, service marks,
333	licenses, and allocations or channels and frequencies to carry
334	out the purposes of this part.
335	(9)(12)  To purchase, lease, or otherwise acquire and to
336	hold, sell, transfer, license, or otherwise dispose of real,
337	personal, and intellectual property, including, but not limited
338	to, patents, trademarks, copyrights, and service marks.
339	(10)(13)  To cooperate with any federal, state, or local
340	emergency management agency in providing for emergency
341	communications services.
342	(11)(14)  To delegate, as necessary, to state agencies the
343	authority to purchase, lease, or otherwise acquire and to use
344	communications equipment, facilities, and services information
345	technology or, as necessary, to control and approve the
346	purchase, lease, or acquisition and the use of all
347	communications equipment, services, and facilities information
348	technology, including, but not limited to, communications
349	services provided as part of any other total system to be used
350	by the state or any of its agencies.
351	(12)(15)  To acquire ownership, possession, custody, and
352	control of existing communications equipment and facilities,
353	including all right, title, interest, and equity therein, as
354	necessary, to carry out the purposes of this part. However, the
355	provisions of this subsection shall in no way affect the rights,
356	title, interest, or equity in any such equipment or facilities
357	owned by, or leased to, the state or any state agency by any
358	telecommunications company.
359	(13)(16)  To adopt rules pursuant to ss. 120.536(1) and
360	120.54 relating to information technology and to administer the
361	provisions of this part.
362	(14)(17)  To provide a means whereby political subdivisions
363	of the state may use state information technology systems upon
364	such terms and under such conditions as the department office
365	may establish.
366	(15)(18)  To apply for and accept federal funds for any of
367	the purposes of this part as well as gifts and donations from
368	individuals, foundations, and private organizations.
369	(16)(19)  To monitor issues relating to communications
370	facilities and services before the Florida Public Service
371	Commission and, when necessary, prepare position papers, prepare
372	testimony, appear as a witness, and retain witnesses on behalf
373	of state agencies in proceedings before the commission.
374	(17)(20)  Unless delegated to the agencies by the Chief
375	Information Officer, to manage and control, but not intercept or
376	interpret, communications within the SUNCOM Network by:
377	(a)  Establishing technical standards to physically
378	interface with the SUNCOM Network.
379	(b)  Specifying how communications are transmitted within
380	the SUNCOM Network.
381	(c)  Controlling the routing of communications within the
382	SUNCOM Network.
383	(d)  Establishing standards, policies, and procedures for
384	access to the SUNCOM Network.
385	(e)  Ensuring orderly and reliable communications services
386	in accordance with the service level agreements executed with
387	state agencies.
388	(18)(21)  To plan, design, and conduct experiments for
389	information technology services, equipment, and technologies,
390	and to implement enhancements in the state information
391	technology system when in the public interest and cost-
392	effective. Funding for such experiments shall be derived from
393	SUNCOM Network service revenues and shall not exceed 2 percent
394	of the annual budget for the SUNCOM Network for any fiscal year
395	or as provided in the General Appropriations Act. New services
396	offered as a result of this subsection shall not affect existing
397	rates for facilities or services.
398	(19)(22)  To enter into contracts or agreements, with or
399	without competitive bidding or procurement, to make available,
400	on a fair, reasonable, and nondiscriminatory basis, property and
401	other structures under department office control for the
402	placement of new facilities by any wireless provider of mobile
403	service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any
404	telecommunications company as defined in s. 364.02 when it is
405	determined to be practical and feasible to make such property or
406	other structures available. The department office may, without
407	adopting a rule, charge a just, reasonable, and
408	nondiscriminatory fee for the placement of the facilities,
409	payable annually, based on the fair market value of space used
410	by comparable communications facilities in the state. The
411	department office and a wireless provider or telecommunications
412	company may negotiate the reduction or elimination of a fee in
413	consideration of services provided to the department office by
414	the wireless provider or telecommunications company. All such
415	fees collected by the department office shall be deposited
416	directly into the Law Enforcement Radio Operating Trust Fund,
417	and may be used by the department office to construct, maintain,
418	or support the system.
419	(20)(23)  To provide an integrated electronic system for
420	deploying government products, services, and information to
421	individuals and businesses which reflects cost-effective
422	deployment strategies in keeping with industry standards and
423	practices and includes protections and security of private
424	information as well as maintenance of public records.
425	(a)  The integrated electronic system shall reflect cost-
426	effective deployment strategies in keeping with industry
427	standards and practices, including protections and security of
428	private information as well as maintenance of public records.
429	(b)  The office shall provide a method for assessing fiscal
430	accountability for the integrated electronic system and shall
431	establish the organizational structure required to implement
432	this system.
433	(24)  To provide administrative support to the Agency Chief
434	Information Officers Council and other workgroups created by the
435	Chief Information Officer.
436	(25)  To facilitate state information technology education
437	and training for senior management and other agency staff.
438	(26)  To prepare, on behalf of the Executive Office of the
439	Governor, memoranda on recommended guidelines and best practices
440	for information resources management, when requested.
441	(27)  To prepare, publish, and disseminate the State Annual
442	Report on Enterprise Resource Planning and Management under s.
443	282.310.
444	(28)  To study and make a recommendation to the Governor
445	and Legislature on the feasibility of implementing online voting
446	in this state.
447	(29)  To facilitate the development of a network access
448	point in this state, as needed.
449	(30)  To designate a State Chief Privacy Officer who shall
450	be responsible for the continual review of policies, laws,
451	rules, and practices of state agencies which may affect the
452	privacy concerns of state residents.
453	Section 10.  Section 282.103, Florida Statutes, is amended
454	to read:
455	282.103  SUNCOM Network; exemptions from the required
456	use.--
457	(1)  There is created within the Department of Management
458	Services State Technology Office the SUNCOM Network which shall
459	be developed to serve as the state communications system for
460	providing local and long-distance communications services to
461	state agencies, political subdivisions of the state,
462	municipalities, state universities, and nonprofit corporations
463	pursuant to ss. 282.101-282.111. The SUNCOM Network shall be
464	developed to transmit all types of communications signals,
465	including, but not limited to, voice, data, video, image, and
466	radio. State agencies shall cooperate and assist in the
467	development and joint use of communications systems and
468	services.
469	(2)  The department State Technology Office shall design,
470	engineer, implement, manage, and operate through state
471	ownership, commercial leasing, or some combination thereof, the
472	facilities and equipment providing SUNCOM Network services, and
473	shall develop a system of equitable billings and charges for
474	communication services.
475	(3)  All state agencies and state universities are required
476	to use the SUNCOM Network for agency and state university
477	communications services as the services become available;
478	however, no agency or university is relieved of responsibility
479	for maintaining communications services necessary for effective
480	management of its programs and functions. If a SUNCOM Network
481	service does not meet the communications requirements of an
482	agency or university, the agency or university shall notify the
483	department State Technology Office in writing and detail the
484	requirements for that communications service. If the department
485	office is unable to meet an agency's or university's
486	requirements by enhancing SUNCOM Network service, the department
487	office may grant the agency or university an exemption from the
488	required use of specified SUNCOM Network services.
489	Section 11.  Section 282.104, Florida Statutes, is amended
490	to read:
491	282.104  Use of state SUNCOM Network by
492	municipalities.--Any municipality may request the department
493	State Technology Office to provide any or all of the SUNCOM
494	Network's portfolio of communications services upon such terms
495	and under such conditions as the department office may
496	establish. The requesting municipality shall pay its share of
497	installation and recurring costs according to the published
498	rates for SUNCOM Network services and as invoiced by the
499	department office. Such municipality shall also pay for any
500	requested modifications to existing SUNCOM Network services, if
501	any charges apply.
502	Section 12.  Section 282.105, Florida Statutes, is amended
503	to read:
504	282.105  Use of state SUNCOM Network by nonprofit
505	corporations.--
506	(1)  The department State Technology Office shall provide a
507	means whereby private nonprofit corporations under contract with
508	state agencies or political subdivisions of the state may use
509	the state SUNCOM Network, subject to the limitations in this
510	section. In order to qualify to use the state SUNCOM Network, a
511	nonprofit corporation shall:
512	(a)  Expend the majority of its total direct revenues for
513	the provision of contractual services to the state, a
514	municipality, or a political subdivision of the state; and
515	(b)  Receive only a small portion of its total revenues
516	from any source other than a state agency, a municipality, or a
517	political subdivision of the state during the period of time
518	SUNCOM Network services are requested.
519	(2)  Each nonprofit corporation seeking authorization to
520	use the state SUNCOM Network pursuant to this section shall
521	provide to the department office, upon request, proof of
522	compliance with subsection (1).
523	(3)  Nonprofit corporations established pursuant to general
524	law and an association of municipal governments which is wholly
525	owned by the municipalities shall be eligible to use the state
526	SUNCOM Network, subject to the terms and conditions of the
527	department office.
528	(4)  Institutions qualified to participate in the William
529	L. Boyd, IV, Florida Resident Access Grant Program pursuant to
530	s. 1009.89 shall be eligible to use the state SUNCOM Network,
531	subject to the terms and conditions of the department office.
532	Such entities shall not be required to satisfy the other
533	criteria of this section.
534	(5)  Private, nonprofit elementary and secondary schools
535	shall be eligible for rates and services on the same basis as
536	public schools, providing these nonpublic schools do not have an
537	endowment in excess of $50 million.
538	Section 13.  Section 282.106, Florida Statutes, is amended
539	to read:
540	282.106  Use of SUNCOM Network by libraries.--The
541	department State Technology Office may provide SUNCOM Network
542	services to any library in the state, including libraries in
543	public schools, community colleges, state universities, and
544	nonprofit private postsecondary educational institutions, and
545	libraries owned and operated by municipalities and political
546	subdivisions.
547	Section 14.  Section 282.1065, Florida Statutes, is created
548	to read:
549	282.1065  Use of SUNCOM Network by hospitals.-- The
550	department may provide SUNCOM Network services to hospitals or
551	other facilities licensed under chapter 395 and their state
552	associations who currently contract with or provide services on
553	behalf of state or local governments.
554	Section 15.  Section 282.107, Florida Statutes, is amended
555	to read:
556	282.107  SUNCOM Network; criteria for usage.--
557	(1)  The department State Technology Office shall
558	periodically review the qualifications of subscribers using the
559	state SUNCOM Network and shall terminate services provided to
560	any facility not qualified pursuant to ss. 282.101-282.111 or
561	rules adopted hereunder. In the event of nonpayment of invoices
562	by subscribers whose SUNCOM Network invoices are paid from
563	sources other than legislative appropriations, such nonpayment
564	represents good and sufficient reason to terminate service.
565	(2)  The department State Technology Office shall adopt
566	rules setting forth its procedures for withdrawing and restoring
567	authorization to use the state SUNCOM Network. Such rules shall
568	provide a minimum of 30 days' notice to affected parties prior
569	to termination of voice communications service.
570	(3)  Nothing in this section shall be construed to limit or
571	restrict the ability of the Florida Public Service Commission to
572	set jurisdictional tariffs of telecommunications companies.
573	Section 16.  Section 282.1095, Florida Statutes, is amended
574	to read:
575	282.1095  State agency law enforcement radio system and
576	interoperability network.--
577	(1)  The department State Technology Office may acquire and
578	implement a statewide radio communications system to serve law
579	enforcement units of state agencies, and to serve local law
580	enforcement agencies through mutual aid channels. The Joint Task
581	Force on State Agency Law Enforcement Communications is
582	established in the department State Technology Office to advise
583	the department office of member-agency needs for the planning,
584	designing, and establishment of the joint system. The State
585	Agency Law Enforcement Radio System Trust Fund is established in
586	the department State Technology Office. The trust fund shall be
587	funded from surcharges collected under ss. 320.0802 and 328.72.
588	(2)(a)  The Joint Task Force on State Agency Law
589	Enforcement Communications shall consist of eight members, as
590	follows:
591	1.  A representative of the Division of Alcoholic Beverages
592	and Tobacco of the Department of Business and Professional
593	Regulation who shall be appointed by the secretary of the
594	department.
595	2.  A representative of the Division of Florida Highway
596	Patrol of the Department of Highway Safety and Motor Vehicles
597	who shall be appointed by the executive director of the
598	department.
599	3.  A representative of the Department of Law Enforcement
600	who shall be appointed by the executive director of the
601	department.
602	4.  A representative of the Fish and Wildlife Conservation
603	Commission who shall be appointed by the executive director of
604	the commission.
605	5.  A representative of the Division of Law Enforcement of
606	the Department of Environmental Protection who shall be
607	appointed by the secretary of the department.
608	6.  A representative of the Department of Corrections who
609	shall be appointed by the secretary of the department.
610	7.  A representative of the Division of State Fire Marshal
611	of the Department of Financial Services who shall be appointed
612	by the State Fire Marshal.
613	8.  A representative of the Department of Transportation
614	who shall be appointed by the secretary of the department.
615	(b)  Each appointed member of the joint task force shall
616	serve at the pleasure of the appointing official. Any vacancy on
617	the joint task force shall be filled in the same manner as the
618	original appointment. Any joint task force member may, upon
619	notification to the chair prior to the beginning of any
620	scheduled meeting, appoint an alternative to represent the
621	member on the task force and vote on task force business in his
622	or her absence.
623	(c)  The joint task force shall elect a chair from among
624	its members to serve a 1-year term. A vacancy in the chair of
625	the joint task force must be filled for the remainder of the
626	unexpired term by an election of the joint task force members.
627	(d)  The joint task force shall meet as necessary, but at
628	least quarterly, at the call of the chair and at the time and
629	place designated by him or her.
630	(e)  The per diem and travel expenses incurred by a member
631	of the joint task force in attending its meetings and in
632	attending to its affairs shall be paid pursuant to s. 112.061,
633	from funds budgeted to the state agency that the member
634	represents.
635	(f)  The department State Technology Office is hereby
636	authorized to rent or lease space on any tower under its
637	control. The department office may also rent, lease, or sublease
638	ground space as necessary to locate equipment to support
639	antennae on the towers. The costs for use of such space shall be
640	established by the department office for each site, when it is
641	determined to be practicable and feasible to make space
642	available. The department office may refuse to lease space on
643	any tower at any site. All moneys collected by the department
644	office for such rents, leases, and subleases shall be deposited
645	directly into the Law Enforcement Radio Operating Trust Fund and
646	may be used by the department office to construct, maintain, or
647	support the system.
648	(g)  The department State Technology Office is hereby
649	authorized to rent, lease, or sublease ground space on lands
650	acquired by the department office for the construction of
651	privately owned or publicly owned towers. The department office
652	may, as a part of such rental, lease, or sublease agreement,
653	require space on said tower or towers for antennae as may be
654	necessary for the construction and operation of the state agency
655	law enforcement radio system or any other state need. The
656	positions necessary for the department office to accomplish its
657	duties under this paragraph and paragraph (f) shall be
658	established in the General Appropriations Act and shall be
659	funded by the Law Enforcement Radio Operating Trust Fund or
660	other revenue sources.
661	(h)  The department State Technology Office may make the
662	mutual aid channels in the statewide radio communications system
663	available to federal agencies, state agencies, and agencies of
664	the political subdivisions of the state for the purpose of
665	public safety and domestic security. The department office shall
666	exercise its powers and duties, as specified in this chapter, to
667	plan, manage, and administer the mutual aid channels. The
668	department office shall, in implementing such powers and duties,
669	act in consultation and conjunction with the Department of Law
670	Enforcement and the Division of Emergency Management of the
671	Department of Community Affairs, and shall manage and administer
672	the mutual aid channels in a manner that reasonably addresses
673	the needs and concerns of the involved law enforcement agencies
674	and emergency response agencies and entities.
675	(3)  Upon appropriation, moneys in the trust fund may be
676	used by the department office to acquire by competitive
677	procurement the equipment; software; and engineering,
678	administrative, and maintenance services it needs to construct,
679	operate, and maintain the statewide radio system. Moneys in the
680	trust fund collected as a result of the surcharges set forth in
681	ss. 320.0802 and 328.72 shall be used to help fund the costs of
682	the system. Upon completion of the system, moneys in the trust
683	fund may also be used by the department office to provide for
684	payment of the recurring maintenance costs of the system.
685	(4)(a)  The department office shall, in conjunction with
686	the Department of Law Enforcement and the Division of Emergency
687	Management of the Department of Community Affairs, establish
688	policies, procedures, and standards which shall be incorporated
689	into a comprehensive management plan for the use and operation
690	of the statewide radio communications system.
691	(b)  The joint task force, in consultation with the
692	department office, shall have the authority to permit other
693	state agencies to use the communications system, under terms and
694	conditions established by the joint task force.
695	(5)  The department office shall provide technical support
696	to the joint task force and shall bear the overall
697	responsibility for the design, engineering, acquisition, and
698	implementation of the statewide radio communications system and
699	for ensuring the proper operation and maintenance of all system
700	common equipment.
701	(6)(a)  The department State Technology Office may create
702	and implement an interoperability network to enable
703	interoperability between various radio communications
704	technologies and to serve federal agencies, state agencies, and
705	agencies of political subdivisions of the state for the purpose
706	of public safety and domestic security. The department office
707	shall, in conjunction with the Department of Law Enforcement and
708	the Division of Emergency Management of the Department of
709	Community Affairs, exercise its powers and duties pursuant to
710	this chapter to plan, manage, and administer the
711	interoperability network. The department office may:
712	1.  Enter into mutual aid agreements among federal
713	agencies, state agencies, and political subdivisions of the
714	state for the use of the interoperability network.
715	2.  Establish the cost of maintenance and operation of the
716	interoperability network and charge subscribing federal and
717	local law enforcement agencies for access and use of the
718	network. The department State Technology Office may not charge
719	state law enforcement agencies identified in paragraph (2)(a) to
720	use the network.
721	3.  In consultation with the Department of Law Enforcement
722	and the Division of Emergency Management of the Department of
723	Community Affairs, amend and enhance the statewide radio
724	communications system as necessary to implement the
725	interoperability network.
726	(b)  The department State Technology Office, in
727	consultation with the Joint Task Force on State Agency Law
728	Enforcement Communications, and in conjunction with the
729	Department of Law Enforcement and the Division of Emergency
730	Management of the Department of Community Affairs, shall
731	establish policies, procedures, and standards to incorporate
732	into a comprehensive management plan for the use and operation
733	of the interoperability network.
734	Section 17.  Section 282.111, Florida Statutes, is amended
735	to read:
736	282.111  Statewide system of regional law enforcement
737	communications.--
738	(1)  It is the intent and purpose of the Legislature that a
739	statewide system of regional law enforcement communications be
740	developed whereby maximum efficiency in the use of existing
741	radio channels is achieved in order to deal more effectively
742	with the apprehension of criminals and the prevention of crime
743	generally. To this end, all law enforcement agencies within the
744	state are directed to provide the department State Technology
745	Office with any information the department office requests for
746	the purpose of implementing the provisions of subsection (2).
747	(2)  The department State Technology Office is hereby
748	authorized and directed to develop and maintain a statewide
749	system of regional law enforcement communications. In
750	formulating such a system, the department office shall divide
751	the state into appropriate regions and shall develop a program
752	which shall include, but not be limited to, the following
753	provisions:
754	(a)  The communications requirements for each county and
755	municipality comprising the region.
756	(b)  An interagency communications provision which shall
757	depict the communication interfaces between municipal, county,
758	and state law enforcement entities which operate within the
759	region.
760	(c)  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, or half-
763	duplex, on each channel.
764	(3)  The department office shall adopt any necessary rules
765	and regulations for implementing and coordinating the statewide
766	system of regional law enforcement communications.
767	(4)  The secretary of the Department of Management Services
768	Chief Information Officer of the State Technology Office or his
769	or her designee is designated as the director of the statewide
770	system of regional law enforcement communications and, for the
771	purpose of carrying out the provisions of this section, is
772	authorized to coordinate the activities of the system with other
773	interested state agencies and local law enforcement agencies.
774	(5)  No law enforcement communications system shall be
775	established or present system expanded without the prior
776	approval of the department State Technology Office.
777	(6)  Within the limits of its capability, the Department of
778	Law Enforcement is encouraged to lend assistance to the
779	department State Technology Office in the development of the
780	statewide system of regional law enforcement communications
781	proposed by this section.
782	Section 18.  Section 282.20, Florida Statutes, is amended
783	to read:
784	282.20  Technology Resource Center.--
785	(1)(a)  The Department of Management Services State
786	Technology Office shall operate and manage the Technology
787	Resource Center.
788	(b)  For the purposes of this section, the term:
789	1.  "Information-system utility" means a full-service
790	information-processing facility offering hardware, software,
791	operations, integration, networking, and consulting services.
792	2.  "Customer" means a state agency or other entity which
793	is authorized to utilize the SUNCOM Network pursuant to this
794	part.
795	(2)  The Technology Resource Center shall:
796	(a)  Serve the department office and other customers as an
797	information-system utility.
798	(b)  Cooperate with customers to offer, develop, and
799	support a wide range of services and applications needed by
800	users of the Technology Resource Center.
801	(c)  Cooperate with the Florida Legal Resource Center of
802	the Department of Legal Affairs and other state agencies to
803	develop and provide access to repositories of legal information
804	throughout the state.
805	(d)  Cooperate with the department office to facilitate
806	interdepartmental networking and integration of network services
807	for its customers.
808	(e)  Assist customers in testing and evaluating new and
809	emerging technologies that could be used to meet the needs of
810	the state.
811	(3)  The department office may contract with customers to
812	provide any combination of services necessary for agencies to
813	fulfill their responsibilities and to serve their users.
814	(4)  The Technology Resource Center may plan, design,
815	establish pilot projects for, and conduct experiments with
816	information technology resources, and may implement enhancements
817	in services when such implementation is cost-effective. Funding
818	for experiments and pilot projects shall be derived from service
819	revenues and may not exceed 5 percent of the service revenues
820	for the Technology Resource Center for any single fiscal year.
821	Any experiment, pilot project, plan, or design must be approved
822	by the secretary of the department Chief Information Officer.
823	(5)  Notwithstanding the provisions of s. 216.272, the
824	Technology Resource Center may spend funds in the reserve
825	account of the Technology Enterprise Operating Trust Fund for
826	enhancements to center operations or for information technology
827	resources. Any expenditure of reserve account funds must be
828	approved by the secretary of the department Chief Information
829	Officer. Any funds remaining in the reserve account at the end
830	of the fiscal year may be carried forward and spent as approved
831	by the secretary Chief Information Officer, provided that such
832	approval conforms to any applicable provisions of chapter 216.
833	Section 19.  Section 282.21, Florida Statutes, is amended
834	to read:
835	282.21  The State Technology Office's Electronic access
836	services of the department.--The department State Technology
837	Office may collect fees for providing remote electronic access
838	pursuant to s. 119.07(2). The fees may be imposed on individual
839	transactions or as a fixed subscription for a designated period
840	of time. All fees collected under this section shall be
841	deposited in the appropriate trust fund of the program or
842	activity that made the remote electronic access available.
843	Section 20.  Section 282.22, Florida Statutes, is amended
844	to read:
845	282.22  State Technology Office; Production, dissemination,
846	and ownership of materials and products.--
847	(1)  It is the intent of the Legislature that when
848	materials, products, information, and services are acquired or
849	developed by or under the direction of the department State
850	Technology Office, through research and development or other
851	efforts, including those subject to copyright, patent, or
852	trademark, they shall be made available for use by state and
853	local government entities at the earliest practicable date and
854	in the most economical and efficient manner possible and
855	consistent with chapter 119.
856	(2)  To accomplish this objective the department may office
857	is authorized to publish or partner with private sector entities
858	to produce or have produced materials and products and to make
859	them readily available for appropriate use. The department may
860	office is authorized to charge an amount or receive value-added
861	services adequate to cover the essential cost of producing and
862	disseminating such materials, information, services, or products
863	and is authorized to sell services.
864	(3)  If In cases in which the materials or products are of
865	such nature, or the circumstances are such, that it is not
866	practicable or feasible for the department office to produce or
867	have produced materials and products so developed, it is
868	authorized, after review and approval by the Executive Office of
869	the Governor, to license, lease, assign, sell, or otherwise give
870	written consent to any person, firm, or corporation for the
871	manufacture or use thereof, on a royalty basis, or for such
872	other consideration as the department deems office shall deem
873	proper and in the best interest of the state; the department
874	shall office is authorized and directed to protect same against
875	improper or unlawful use or infringement and to enforce the
876	collection of any sums due for the manufacture or use thereof by
877	any other party.
878	(4)  All proceeds from the sale of such materials and
879	products or other money collected pursuant to this section shall
880	be deposited into the Grants and Donations Trust Fund of the
881	department office and, when properly budgeted as approved by the
882	Legislature and the Executive Office of the Governor, used to
883	pay the cost of producing and disseminating materials and
884	products to carry out the intent of this section.
885	Section 21.  Section 282.23, Florida Statutes, is repealed.
886	Section 22.  Section 282.3025, Florida Statutes, is created
887	to read:
888	282.3025  Florida Technology Council; powers and duties.--
889	(1)  There is created a Florida Technology Council within
890	the Department of Management Services. The council shall be
891	headed by a State Chief Information Officer who is appointed by
892	the Governor. The Department of Management Services shall
893	provide administrative support and services to the council.
894	(2)  The council shall have the following powers, duties,
895	and functions:
896	(a)  Develop and submit by January 15, 2006, a Statewide
897	Information Technology Strategic Plan consistent with the
898	provisions of s. 282.0051(1), and in consultation with the
899	Agency Chief Information Officers Council. The plan must
900	include, but need not be limited to, a description and
901	recommendations as to how the state can deploy information
902	technology that:
903	1.  Aligns state information technology resources and
904	assets to achieve an enterprise perspective and focus state
905	investments on initiatives that provide significant improvements
906	in statewide service delivery and business operations.
907	2.  Makes state governmental information and services more
908	accessible to residents and the state's clients.
909	3.  Improves governmental efficiency and cost-
910	effectiveness.
911	4.  Improves security and performance of the state's
912	information technology infrastructure.
913	5.  Makes recommendations for changes to the statutes which
914	promote the findings of the report.
915	(b)  Develop enterprise information technology policies,
916	standards, guidelines, and procedures in consultation with and
917	subject to the approval of the Agency Chief Information Officers
918	Council and the department, and in consultation with the
919	Technology Review Workgroup, relating to enterprise
920	architecture, enterprise Internet portal, business continuity
921	and disaster recovery, security, computing, networks, desktop
922	equipment, and communications.
923	(c)  Recommend, in consultation with the Agency Chief
924	Information Officers Council and the Technology Review
925	Workgroup, and subject to the approval of the Agency Chief
926	Information Officers Council, a project management methodology
927	for use by the agencies to meet the provisions of s. 282.0051.
928	The methodology shall be adopted by September 30, 2005, for
929	distribution to the agencies.
930	(d)  Develop, in consultation with the Agency Chief
931	Information Officers Council and the Technology Review
932	Workgroup, and subject to the approval of the Agency Chief
933	Information Officers Council, a model agency information
934	technology investment management process and an information
935	technology investment portfolio. The model process shall be
936	adopted by September 30, 2005, for distribution to the agencies.
937	(e)  Review recommendations made by the Agency Chief
938	Information Officers Council for improving information
939	technology in agencies or the state and make recommendations to
940	the Governor and the Legislature for consideration during
941	legislative session.
942	(f)  Review each agency information technology investment
943	portfolio and make recommendations to the Governor and the
944	Legislature regarding opportunities consistent with s.
945	282.0051(1).
946	(g)  Prepare, on behalf of the Executive Office of the
947	Governor, memoranda on recommended guidelines and best practices
948	for information technology, when requested.
949	(3)  The Florida Technology Council may adopt rules
950	pursuant to ss. 120.536(1) and 120.54 to administer the
951	provisions of this section.
952	Section 23.  Section 282.3031, Florida Statutes, is amended
953	to read:
954	282.3031  Assignment of information technology planning and
955	resources management responsibilities.--For purposes of ss.
956	282.3032-282.322 282.303-282.322, to ensure the best management
957	of state information technology resources, and notwithstanding
958	other provisions of law to the contrary, the functions of
959	information technology planning and resources management are
960	assigned to the university boards of trustees for the
961	development and implementation of planning, management,
962	rulemaking, standards, and guidelines for the state
963	universities; to the community college boards of trustees for
964	establishing and developing rules for the community colleges; to
965	the Supreme Court for the judicial branch; to each state
966	attorney and public defender; and to the agency head State
967	Technology Office for the agencies within the executive branch
968	of state government.
969	Section 24.  Section 282.3032, Florida Statutes, is
970	repealed.
971	Section 25.  Section 282.3055, Florida Statutes, is amended
972	to read:
973	282.3055  Agency chief information officer; appointment;
974	duties.--
975	(1)(a)  To assist the agency head State Technology Officer
976	in carrying out information technology the enterprise resource
977	planning and management responsibilities, the agency head Chief
978	Information Officer may appoint or contract for an agency chief
979	information officer. This position may be full time or part
980	time.
981	(b)  The agency chief information officer must, at a
982	minimum, have knowledge and experience in both management and
983	information technology resources.
984	(2)  The duties of the agency chief information officer
985	include, but are not limited to:
986	(a)  Coordinating and facilitating agency information
987	technology enterprise resource planning and management projects
988	and initiatives.
989	(b)  Preparing the an agency annual information technology
990	investment portfolio report on enterprise resource planning and
991	management pursuant to the provisions of s. 282.0051 s.
992	282.3063.
993	(c)  Developing and implementing agency information
994	technology enterprise resource planning and management policies,
995	procedures, guidelines, and standards consistent with statewide
996	policies, procedures, guidelines, and standards, including
997	specific policies and procedures for review and approval of the
998	agency's purchases of information technology resources in
999	accordance with the office's policies and procedures.
1000	(d)  Advising agency senior management as to the
1001	information technology enterprise resource planning and
1002	management and the information technology investment needs of
1003	the agency for inclusion in planning documents required by law.
1004	(e)  Staffing and supporting an agency information
1005	technology investment management process.
1006	(e)  Assisting in the development and prioritization of the
1007	enterprise resource planning and management schedule of the
1008	agency's legislative budget request.
1009	Section 26.  Section 282.3063, Florida Statutes, is
1010	repealed.
1011	Section 27.  Section 282.310, Florida Statutes, is
1012	repealed.
1013	Section 28.  Section 282.315, Florida Statutes, is amended
1014	to read:
1015	282.315  Agency Chief Information Officers Council;
1016	creation.--The Legislature finds that enhancing communication,
1017	consensus building, coordination, and facilitation of statewide
1018	enterprise information technology resource planning and
1019	management issues are is essential to improving state management
1020	of such resources.
1021	(1)  There is created an Agency Chief Information Officers
1022	Council to:
1023	(a)  Enhance communication among the agency chief
1024	information officers and the Florida Technology Council by
1025	sharing enterprise resource planning and management experiences
1026	and exchanging ideas.
1027	(b)  Identify and recommend Facilitate the sharing of best
1028	practices that are characteristic of highly successful
1029	technology organizations, as well as exemplary information
1030	technology applications of state agencies, and assist the
1031	Florida Technology Council in the development of policies,
1032	standards, guidelines, and procedures for use by all state
1033	agencies.
1034	(c)  Identify efficiency opportunities among state agencies
1035	to fulfill the guidelines in s. 282.3032 and make
1036	recommendations for action to the Florida Technology Council.
1037	(d)  Serve as an educational forum for enterprise
1038	information technology resource planning and management issues.
1039	(e)  Identify Assist the State Technology Office in
1040	identifying critical statewide issues and, when appropriate,
1041	make recommendations to the Florida Technology Council for
1042	solving information technology enterprise resource planning and
1043	management deficiencies.
1044	(2)  Members of the council shall include the agency chief
1045	information officers, including the chief information officers
1046	of the agencies and governmental entities enumerated in s.
1047	282.3031, except that there shall be one chief information
1048	officer selected by the state attorneys and one chief
1049	information officer selected by the public defenders. The
1050	chairs, or their designees, of the Florida Financial Management
1051	Information System Coordinating Council, the Criminal and
1052	Juvenile Justice Information Systems Council, and the Health
1053	Information Systems Council shall represent their respective
1054	organizations on the Agency Chief Information Officers Council
1055	as voting members. The council shall appoint a chair, a vice
1056	chair, and a secretary from its members to serve a 1-year term
1057	each. The council shall establish procedures to govern council
1058	business.
1059	(3)  The Florida Technology Council State Technology Office
1060	shall provide administrative support to the council.
1061	Section 29.  Section 282.318, Florida Statutes, is amended
1062	to read:
1063	282.318  Security of data and information technology
1064	resources.--
1065	(1)  This section may be cited as the "Security of Data and
1066	Information Technology Infrastructure Resources Act."
1067	(2)(a)  The State Technology Office, in consultation with
1068	Each agency head, is responsible and accountable for assuring an
1069	adequate level of security for all data and information
1070	technology infrastructure resources of each agency and, to carry
1071	out this responsibility, shall, at a minimum:
1072	1.  Designate an information security manager who shall
1073	administer the security program of each agency for its data and
1074	information technology resources.
1075	2.  Conduct, and periodically update, a comprehensive risk
1076	analysis to determine the security threats to the data and
1077	information technology infrastructure resources of each agency.
1078	The risk analysis information is confidential and exempt from
1079	the provisions of s. 119.07(1), except that such information
1080	shall be available to the Auditor General in performing his or
1081	her postauditing duties.
1082	3.  Develop, and periodically update, written internal
1083	policies and procedures to assure the security of the data and
1084	information technology infrastructure resources of each agency.
1085	The internal policies and procedures which, if disclosed, could
1086	facilitate the unauthorized modification, disclosure, or
1087	destruction of data or information technology infrastructure
1088	resources are confidential information and exempt from the
1089	provisions of s. 119.07(1), except that such information shall
1090	be available to the Auditor General in performing his or her
1091	postauditing duties.
1092	4.  Implement appropriate cost-effective safeguards to
1093	reduce, eliminate, or recover from the identified risks to the
1094	data and information technology infrastructure resources of each
1095	agency.
1096	5.  Ensure that periodic internal audits and evaluations of
1097	each security program for the data and information technology
1098	infrastructure resources of the agency are conducted. The
1099	results of such internal audits and evaluations are confidential
1100	information and exempt from the provisions of s. 119.07(1),
1101	except that such information shall be available to the Auditor
1102	General in performing his or her postauditing duties.
1103	6.  Include appropriate security requirements, as
1104	determined by the agency State Technology Office, in
1105	consultation with the Department of Law Enforcement each agency
1106	head, in the written specifications for the solicitation of
1107	information technology resources.
1108	(b)  In those instances in which the department State
1109	Technology Office develops state contracts for use by state
1110	agencies, the department office shall include appropriate
1111	security requirements in the specifications for the solicitation
1112	for state contracts for procuring information technology
1113	infrastructure resources.
1114	Section 30.  Section 282.322, Florida Statutes, is amended
1115	to read:
1116	282.322  Special monitoring process for designated
1117	information resources management projects.--
1118	(1)  For each information resources management project
1119	which is designated for special monitoring in the General
1120	Appropriations Act, with a proviso requiring a contract with a
1121	project monitor, the Technology Review Workgroup established
1122	pursuant to s. 216.0446, in consultation with each affected
1123	agency, shall be responsible for contracting with the project
1124	monitor. Upon contract award, funds equal to the contract amount
1125	shall be transferred to the Technology Review Workgroup upon
1126	request and subsequent approval of a budget amendment pursuant
1127	to s. 216.292. With the concurrence of the Legislative Auditing
1128	Committee, the office of the Auditor General shall be the
1129	project monitor for other projects designated for special
1130	monitoring. However, nothing in this section precludes the
1131	Auditor General from conducting such monitoring on any project
1132	designated for special monitoring. In addition to monitoring and
1133	reporting on significant communications between a contracting
1134	agency and the appropriate federal authorities, the project
1135	monitoring process shall consist of evaluating each major stage
1136	of the designated project to determine whether the deliverables
1137	have been satisfied and to assess the level of risks associated
1138	with proceeding to the next stage of the project. The major
1139	stages of each designated project shall be determined based on
1140	the agency's information systems development methodology. Within
1141	20 days after an agency has completed a major stage of its
1142	designated project or at least 90 days, the project monitor
1143	shall issue a written report, including the findings and
1144	recommendations for correcting deficiencies, to the agency head,
1145	for review and comment. Within 20 days after receipt of the
1146	project monitor's report, the agency head shall submit a written
1147	statement of explanation or rebuttal concerning the findings and
1148	recommendations of the project monitor, including any corrective
1149	action to be taken by the agency. The project monitor shall
1150	include the agency's statement in its final report, which shall
1151	be forwarded, within 7 days after receipt of the agency's
1152	statement, to the agency head, the inspector general's office of
1153	the agency, the Executive Office of the Governor, the
1154	appropriations committees of the Legislature, the Joint
1155	Legislative Auditing Committee, the Technology Review Workgroup,
1156	the President of the Senate, the Speaker of the House of
1157	Representatives, and the Office of Program Policy Analysis and
1158	Government Accountability. The Auditor General shall also
1159	receive a copy of the project monitor's report for those
1160	projects in which the Auditor General is not the project
1161	monitor.
1162	(2)  The Enterprise Project Management Office of the State
1163	Technology Office shall report any information technology
1164	projects the office identifies as high-risk to the Executive
1165	Office of the Governor, the President of the Senate, the Speaker
1166	of the House of Representatives, and the chairs of the
1167	appropriations committees. Within the limits of current
1168	appropriations, the Enterprise Project Management Office shall
1169	monitor and report on such high-risk information technology
1170	projects, and assess the levels of risks associated with
1171	proceeding to the next stage of the project.
1172	Section 31.  Paragraph (a) of subsection (3), subsections
1173	(4), (5), (7), (9), (10), and (12), and paragraph (a) of
1174	subsection (13) of section 365.171, Florida Statutes, are
1175	amended to read:
1176	365.171  Emergency telephone number "911."--
1177	(3)  DEFINITIONS.--As used in this section:
1178	(a)  "Department Office" means the Department of Management
1179	Services State Technology Office.
1180	(4)  STATE PLAN.--The department office shall develop a
1181	statewide emergency telephone number "911" system plan. The plan
1182	shall provide for:
1183	(a)  The establishment of the public agency emergency
1184	telephone communications requirements for each entity of local
1185	government in the state.
1186	(b)  A system to meet specific local government
1187	requirements. Such system shall include law enforcement,
1188	firefighting, and emergency medical services and may include
1189	other emergency services such as poison control, suicide
1190	prevention, and emergency management services.
1191	(c)  Identification of the mutual aid agreements necessary
1192	to obtain an effective "911" system.
1193	(d)  A funding provision which shall identify the cost
1194	necessary to implement the "911" system.
1195	(e)  A firm implementation schedule which shall include the
1196	installation of the "911" system in a local community within 24
1197	months after the designated agency of the local government gives
1198	a firm order to the telephone utility for a "911" system.
1199
1200	The department office shall be responsible for the
1201	implementation and coordination of such plan. The department
1202	office shall adopt any necessary rules and schedules related to
1203	public agencies for implementing and coordinating such plan,
1204	pursuant to chapter 120. The public agency designated in the
1205	plan shall order such system within 6 months after publication
1206	date of the plan if the public agency is in receipt of funds
1207	appropriated by the Legislature for the implementation and
1208	maintenance of the "911" system. Any jurisdiction which has
1209	utilized local funding as of July 1, 1976, to begin the
1210	implementation of the state plan as set forth in this section
1211	shall be eligible for at least a partial reimbursement of its
1212	direct cost when, and if, state funds are available for such
1213	reimbursement.
1214	(5)  SYSTEM DIRECTOR.--The secretary director of the
1215	department office or his or her designee is designated as the
1216	director of the statewide emergency telephone number "911"
1217	system and, for the purpose of carrying out the provisions of
1218	this section, is authorized to coordinate the activities of the
1219	system with state, county, local, and private agencies. The
1220	secretary director is authorized to employ not less than five
1221	persons, three of whom will be at the professional level, one at
1222	the secretarial level, and one to fill a fiscal position, for
1223	the purpose of carrying out the provisions of this section. The
1224	secretary director in implementing the system shall consult,
1225	cooperate, and coordinate with local law enforcement agencies.
1226	(7)  TELEPHONE INDUSTRY COORDINATION.--The department
1227	office shall coordinate with the Florida Public Service
1228	Commission which shall encourage the Florida telephone industry
1229	to activate facility modification plans for a timely "911"
1230	implementation.
1231	(9)  SYSTEM APPROVAL.--No emergency telephone number "911"
1232	system shall be established and no present system shall be
1233	expanded without prior approval of the department office.
1234	(10)  COMPLIANCE.--All public agencies shall assist the
1235	department office in their efforts to carry out the intent of
1236	this section, and such agencies shall comply with the developed
1237	plan.
1238	(12)  FEDERAL ASSISTANCE.--The secretary of the department
1239	office or his or her designee may apply for and accept federal
1240	funding assistance in the development and implementation of a
1241	statewide emergency telephone number "911" system.
1242	(13)  "911" FEE.--
1243	(a)  Following approval by referendum as set forth in
1244	paragraph (b), or following approval by a majority vote of its
1245	board of county commissioners, a county may impose a "911" fee
1246	to be paid by the local exchange subscribers within its
1247	boundaries served by the "911" service. Proceeds from the "911"
1248	fee shall be used only for "911" expenditures as set forth in
1249	subparagraph 6. The manner of imposing and collecting said
1250	payment shall be as follows:
1251	1.  At the request of the county subscribing to "911"
1252	service, the telephone company shall, insofar as is practicable,
1253	bill the "911" fee to the local exchange subscribers served by
1254	the "911" service, on an individual access line basis, at a rate
1255	not to exceed 50 cents per month per line (up to a maximum of 25
1256	access lines per account bill rendered). However, the fee may
1257	not be assessed on any pay telephone in this state. A county
1258	collecting the fee for the first time may collect the fee for no
1259	longer than 36 months without initiating the acquisition of its
1260	"911" equipment.
1261	2.  Fees collected by the telephone company pursuant to
1262	subparagraph 1. shall be returned to the county, less the costs
1263	of administration retained pursuant to paragraph (c). The county
1264	shall provide a minimum of 90 days' written notice to the
1265	telephone company prior to the collection of any "911" fees.
1266	3.  Any county that currently has an operational "911"
1267	system or that is actively pursuing the implementation of a
1268	"911" system shall establish a fund to be used exclusively for
1269	receipt and expenditure of "911" fee revenues collected pursuant
1270	to this section. All fees placed in said fund, and any interest
1271	accrued thereupon, shall be used solely for "911" costs
1272	described in subparagraph 6. The money collected and interest
1273	earned in this fund shall be appropriated for "911" purposes by
1274	the county commissioners and incorporated into the annual county
1275	budget. Such fund shall be included within the financial audit
1276	performed in accordance with s. 218.39. A report of the audit
1277	shall be forwarded to the department office within 60 days of
1278	its completion. A county may carry forward on an annual basis
1279	unspent moneys in the fund for expenditures allowed by this
1280	section, or it may reduce its fee. However, in no event shall a
1281	county carry forward more than 10 percent of the "911" fee
1282	billed for the prior year. The amount of moneys carried forward
1283	each year may be accumulated in order to allow for capital
1284	improvements described in this subsection. The carryover shall
1285	be documented by resolution of the board of county commissioners
1286	expressing the purpose of the carryover or by an adopted capital
1287	improvement program identifying projected expansion or
1288	replacement expenditures for "911" equipment and service
1289	features, or both. In no event shall the "911" fee carryover
1290	surplus moneys be used for any purpose other than for the "911"
1291	equipment, service features, and installation charges authorized
1292	in subparagraph 6. Nothing in this section shall prohibit a
1293	county from using other sources of revenue for improvements,
1294	replacements, or expansions of its "911" system. A county may
1295	increase its fee for purposes authorized in this section.
1296	However, in no case shall the fee exceed 50 cents per month per
1297	line. All current "911" fees shall be reported to the department
1298	office within 30 days of the start of each county's fiscal
1299	period. Any fee adjustment made by a county shall be reported to
1300	the department office. A county shall give the telephone company
1301	a 90-day written notice of such fee adjustment.
1302	4.  The telephone company shall have no obligation to take
1303	any legal action to enforce collection of the "911" fee. The
1304	telephone company shall provide quarterly to the county a list
1305	of the names, addresses, and telephone numbers of any and all
1306	subscribers who have identified to the telephone company their
1307	refusal to pay the "911" fee.
1308	5.  The county subscribing to "911" service shall remain
1309	liable to the telephone company for any "911" service,
1310	equipment, operation, or maintenance charge owed by the county
1311	to the telephone company.
1312
1313	As used in this paragraph, "telephone company" means an exchange
1314	telephone service provider of "911" service or equipment to any
1315	county within its certificated area.
1316	6.  It is the intent of the Legislature that the "911" fee
1317	authorized by this section to be imposed by counties will not
1318	necessarily provide the total funding required for establishing
1319	or providing the "911" service. For purposes of this section,
1320	"911" service includes the functions of database management,
1321	call taking, location verification, and call transfer. The
1322	following costs directly attributable to the establishment
1323	and/or provision of "911" service are eligible for expenditure
1324	of moneys derived from imposition of the "911" fee authorized by
1325	this section: the acquisition, implementation, and maintenance
1326	of Public Safety Answering Point (PSAP) equipment and "911"
1327	service features, as defined in the Florida Public Service
1328	Commission's lawfully approved "911" and related tariffs and/or
1329	the acquisition, installation, and maintenance of other "911"
1330	equipment, including call answering equipment, call transfer
1331	equipment, ANI controllers, ALI controllers, ANI displays, ALI
1332	displays, station instruments, "911" telecommunications systems,
1333	teleprinters, logging recorders, instant playback recorders,
1334	telephone devices for the deaf (TDD) used in the "911" system,
1335	PSAP backup power systems, consoles, automatic call
1336	distributors, and interfaces (hardware and software) for
1337	computer-aided dispatch (CAD) systems; salary and associated
1338	expenses for "911" call takers for that portion of their time
1339	spent taking and transferring "911" calls; salary and associated
1340	expenses for a county to employ a full-time equivalent "911"
1341	coordinator position and a full-time equivalent staff assistant
1342	position per county for the portion of their time spent
1343	administrating the "911" system; training costs for PSAP call
1344	takers in the proper methods and techniques used in taking and
1345	transferring "911" calls; expenses required to develop and
1346	maintain all information (ALI and ANI databases and other
1347	information source repositories) necessary to properly inform
1348	call takers as to location address, type of emergency, and other
1349	information directly relevant to the "911" call-taking and
1350	transferring function; and, in a county defined in s.
1351	125.011(1), such expenses related to a nonemergency "311"
1352	system, or similar nonemergency system, which improves the
1353	overall efficiency of an existing "911" system or reduces "911"
1354	emergency response time for a 2-year pilot project that ends
1355	June 30, 2003. However, no wireless telephone service provider
1356	shall be required to participate in this pilot project or to
1357	otherwise implement a nonemergency "311" system or similar
1358	nonemergency system. The "911" fee revenues shall not be used to
1359	pay for any item not listed, including, but not limited to, any
1360	capital or operational costs for emergency responses which occur
1361	after the call transfer to the responding public safety entity
1362	and the costs for constructing buildings, leasing buildings,
1363	maintaining buildings, or renovating buildings, except for those
1364	building modifications necessary to maintain the security and
1365	environmental integrity of the PSAP and "911" equipment rooms.
1366	7.  It is the goal of the Legislature that enhanced "911"
1367	service be available throughout the state. Expenditure by
1368	counties of the "911" fees authorized by this section should
1369	support this goal to the greatest extent feasible within the
1370	context of local service needs and fiscal capability. Nothing in
1371	this section shall be construed to prohibit two or more counties
1372	from establishing a combined emergency "911" telephone service
1373	by interlocal agreement and utilizing the "911" fees authorized
1374	by this section for such combined "911" service.
1375
1376	As used in this paragraph, "telephone company" means an exchange
1377	telephone service provider of "911" service or equipment to any
1378	county within its certificated area.
1379	Section 32.  Paragraph (d) of subsection (2), paragraph (f)
1380	of subsection (3), subsection (4), paragraph (a) of subsection
1381	(5), and paragraphs (c) and (d) of subsection (6) of section
1382	365.172, Florida Statutes, are amended to read:
1383	365.172  Wireless emergency telephone number "E911."--
1384	(2)  FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The
1385	Legislature finds and declares that:
1386	(d)  The revenues generated by the E911 fee imposed under
1387	this section are required to fund the efforts of the counties,
1388	the Wireless 911 Board under the Department of Management
1389	Services State Technology Office, and commercial mobile radio
1390	service providers to improve the public health, safety, and
1391	welfare and serve a public purpose by providing emergency
1392	telephone assistance through wireless communications.
1393	(3)  DEFINITIONS.--As used in this section and ss. 365.173
1394	and 365.174, the term:
1395	(f)  "Department Office" means the Department of Management
1396	Services State Technology Office.
1397	(4)  POWERS AND DUTIES OF THE DEPARTMENT OFFICE.--The
1398	department office shall oversee the administration of the fee
1399	imposed on subscribers of statewide E911 service under
1400	subsection (8).
1401	(5)  THE WIRELESS 911 BOARD.--
1402	(a)  The Wireless 911 Board is established to administer,
1403	with oversight by the department office, the fee imposed under
1404	subsection (8), including receiving revenues derived from the
1405	fee; distributing portions of such revenues to providers,
1406	counties, and the department office; accounting for receipts,
1407	distributions, and income derived by the funds maintained in the
1408	fund; and providing annual reports to the Governor and the
1409	Legislature for submission by the department office on amounts
1410	collected and expended, the purposes for which expenditures have
1411	been made, and the status of wireless E911 service in this
1412	state. In order to advise and assist the department office in
1413	carrying out the purposes of this section, the board, which
1414	shall have the power of a body corporate, shall have the powers
1415	enumerated in subsection (6).
1416	(6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
1417	(c)  By February 28 of each year, the board shall prepare a
1418	report for submission by the department office to the Governor,
1419	the President of the Senate, and the Speaker of the House of
1420	Representatives which reflects, for the immediately preceding
1421	calendar year, the quarterly and annual receipts and
1422	disbursements of moneys in the fund, the purposes for which
1423	disbursements of moneys from the fund have been made, and the
1424	availability and status of implementation of E911 service in
1425	this state.
1426	(d)  By February 28, 2001, the board shall undertake and
1427	complete a study for submission by the department office to the
1428	Governor, the President of the Senate, and the Speaker of the
1429	House of Representatives which addresses:
1430	1.  The total amount of E911 fee revenues collected by each
1431	provider, the total amount of expenses incurred by each provider
1432	to comply with the order, and the amount of moneys on deposit in
1433	the fund, all as of December 1, 2000.
1434	2.  Whether the amount of the E911 fee and the allocation
1435	percentages set forth in s. 365.173 should be adjusted to comply
1436	with the requirements of the order, and, if so, a recommended
1437	adjustment to the E911 fee.
1438	3.  Any other issues related to providing wireless E911
1439	services.
1440	Section 33.  Subsections (2), (5), (6), and (9) of section
1441	445.049, Florida Statutes, are amended to read:
1442	445.049  Digital Divide Council.--
1443	(2)  DIGITAL DIVIDE COUNCIL.--The Digital Divide Council is
1444	created in the Department of Management Services State
1445	Technology Office. The council shall consist of:
1446	(a)  The Secretary of Management Services or his or her
1447	designee chief information officer in the State Technology
1448	Office.
1449	(b)  The director of the Office of Tourism, Trade, and
1450	Economic Development in the Executive Office of the Governor.
1451	(c)  The president of Workforce Florida, Inc.
1452	(d)  The director of the Agency for Workforce Innovation.
1453	(e)  The chair of itflorida.com, Inc.
1454	(f)  The Commissioner of Education.
1455	(g)  The chair of the Network Access Point of the Americas.
1456	(h)  A representative of the information technology
1457	industry in this state appointed by the Speaker of the House of
1458	Representatives.
1459	(i)  A representative of the information technology
1460	industry in this state appointed by the President of the Senate.
1461	(j)  Two members of the House of Representatives, who shall
1462	be ex officio, nonvoting members of the council, appointed by
1463	the Speaker of the House of Representatives, one of whom shall
1464	be a member of the Republican Caucus and the other of whom shall
1465	be a member of the Democratic Caucus.
1466	(k)  Two members of the Senate, who shall be ex officio,
1467	nonvoting members of the council, appointed by the President of
1468	the Senate, one of whom shall be a member of the Republican
1469	Caucus and the other of whom shall be a member of the Democratic
1470	Caucus.
1471	(5)  ADMINISTRATIVE AND TECHNICAL SUPPORT; PAYMENT OF
1472	SUPPORT COSTS.--The Department of Management Services State
1473	Technology Office shall provide such administrative and
1474	technical support to the council as is reasonably necessary for
1475	the council to effectively and timely carry out its duties and
1476	responsibilities. All direct and indirect costs of providing
1477	such support and performing the other duties assigned to the
1478	Department of Management Services State Technology Office
1479	related to design and implementation of the programs authorized
1480	by this section may be paid from appropriations authorized to be
1481	used for such purposes.
1482	(6)  POWERS AND DUTIES OF COUNCIL.--The council, through
1483	the Department of Management Services State Technology Office,
1484	is authorized and empowered to facilitate the design and
1485	implementation of programs that are aimed at achieving the
1486	objectives and goals stated in this section. The Department of
1487	Management Services State Technology Office shall present and
1488	demonstrate to the council the design characteristics and
1489	functional elements of each program proposed to be implemented
1490	to achieve the objectives and goals stated in this section and
1491	each such program shall be reviewed and approved by the council
1492	before being implemented. Such programs shall initially be
1493	implemented as pilot programs in a minimum of six different
1494	areas of the state to develop model programs that are likely to
1495	be successful if implemented throughout the state. The areas of
1496	the state where the pilot programs are implemented shall be
1497	selected by the council with the objectives of testing the
1498	merits of the programs in each geographic region of the state
1499	and providing equal exposure of the programs to urban and rural
1500	communities alike. Implementation of all such pilot and model
1501	programs shall be administered by and through the local
1502	workforce development boards and each such board shall
1503	coordinate and confirm the ready availability and timely
1504	delivery of all elements of such programs to ensure the highest
1505	probability of such programs achieving their intended results.
1506	(9)  ANNUAL REPORT.--By March 1 each year, 2002, the
1507	council, through the Department of Management Services State
1508	Technology Office, shall report to the Executive Office of the
1509	Governor, the Speaker of the House of Representatives, and the
1510	President of the Senate the results of the council's monitoring,
1511	reviewing, and evaluating such programs since their inception
1512	and the council's recommendations as to whether such programs
1513	should be continued and expanded to achieve the objectives and
1514	goals stated in this section.
1515	Section 34.  For fiscal year 2005-2006, 16 positions are
1516	authorized and $2.0 million are appropriated from recurring
1517	General Revenue to the Florida Technology Council in the
1518	Department of Management Services to provide for personnel and
1519	other expenses necessary to implement the provisions of this
1520	act. The Executive Office of the Governor shall place these
1521	positions and funds in reserve until such time as the Department
1522	of Management Services submits an expenditure plan for approval
1523	to the Executive Office of the Governor, the House Fiscal
1524	Council, and the Senate Ways and Means Committee, pursuant to
1525	the provisions of s. 216.177, Florida Statutes.
1526	Section 35.  This act shall take effect July 1, 2005.
1527
1528
1529	================ T I T L E  A M E N D M E N T =============
1530	Remove the entire title and insert:
1531	A bill to be entitled
1532	An act relating to information technology management;
1533	creating s. 282.0051, F.S.; providing legislative findings
1534	and intent; providing definitions; providing each agency
1535	use an information technology investment management
1536	process to support investment decisions; requiring each
1537	agency to submit its information technology portfolio as
1538	part of its legislative budget request; requiring that
1539	agencies implement and administer a project management
1540	methodology; providing requirements for project
1541	administration; amending s. 20.22, F.S.; establishing the
1542	Technology Program in the Department of Management
1543	Services; creating the Florida Technology Council;
1544	removing duty of the State Technology Office to operate
1545	and manage the Technology Resource Center; repealing s.
1546	186.022, F.S., relating to Information technology
1547	strategic plans; amending s. 216.0446, F.S.; revising
1548	duties of the legislative Technology Review Workgroup to
1549	remove participation of the State Technology Office;
1550	conforming reference to a report; repealing s.
1551	216.292(1)(c), F.S., relating to provisions authorizing
1552	transfer of positions and appropriations in fiscal year
1553	2001-2002 for the purpose of consolidating information
1554	technology resources; amending s. 282.0041, F.S.; revising
1555	definitions for purposes of information resources
1556	management; defining the terms "department" and "Florida
1557	Technology Council"; deleting the Agency Annual Enterprise
1558	Resource Planning and Management Report; deleting the
1559	State Annual Report on Enterprise Resource Planning and
1560	Management; providing for appointment of an agency chief
1561	information officer by the agency head; repealing s.
1562	282.005, F.S., relating to Legislative findings and
1563	intent; creating s. 282.0055, F.S.; limiting actions by
1564	the Florida Technology Council and the department which
1565	affect a Cabinet officer; amending s. 282.102, F.S.;
1566	removing provisions for the creation, powers, and duties
1567	of the State Technology Office; removing provisions for a
1568	Chief Information Officer and a State Chief Privacy
1569	Officer; removing provisions relating to information
1570	technology and enterprise resource management; providing
1571	powers, duties, and functions of the Department of
1572	Management Services for operating the statewide
1573	communications system; transferring powers and duties
1574	relating to communications systems from the State
1575	Technology Office to the Department of Management
1576	Services; authorizing the department to adopt rules;
1577	authorizing the department to set a fee for placement of
1578	certain telecommunications facilities on state property;
1579	creating s. 282.1065, F.S.; authorizing the department to
1580	provide SUNCOM services to hospitals or other facilities
1581	licensed under ch. 395, F.S.; amending ss. 282.103,
1582	282.104, 282.105, 282.106, 282.107, 282.1095, and 282.111,
1583	F.S., relating to the SUNCOM Network, the state agency law
1584	enforcement radio system and interoperability network, and
1585	the statewide system of regional law enforcement
1586	communications to conform references to changes made by
1587	the act; amending s. 282.20, F.S.; providing for operation
1588	and management of the Technology Resource Center by the
1589	Department of Management Services; amending s. 282.21,
1590	F.S.; authorizing the department to collect fees for
1591	providing remote electronic access; removing provisions
1592	for collection of such fees by the State Technology
1593	Office; amending s. 282.22, F.S.; providing for
1594	dissemination of materials, products, information, and
1595	services acquired or developed by or under the direction
1596	of the department; removing reference to the State
1597	Technology Office with respect to such materials,
1598	products, information, and services; repealing s. 282.23,
1599	F.S., relating to establishment of a State Strategic
1600	Information Technology Alliance for the acquisition and
1601	use of information technology and related material;
1602	creating s. 282.3025, F.S.; providing for creation,
1603	powers, and duties of the Florida Technology Council
1604	within the Department of Management Services; providing
1605	for a State Chief Information Officer appointed by the
1606	Governor; providing for development of a Statewide
1607	Information Technology Strategic Plan, enterprise
1608	information technology policies, standards, guidelines,
1609	and procedures, a model agency information technology
1610	investment management process and an information
1611	technology investment portfolio, and memoranda on
1612	recommended guidelines and best practices for information
1613	technology; providing for review and recommendations to
1614	the Governor and the Legislature regarding agency
1615	information technology projects and plans; providing for
1616	preparation of state reports and memoranda; providing
1617	rulemaking authority; amending s. 282.3031, F.S.; deleting
1618	assignment of certain information technology functions to
1619	the State Technology Office; conforming terminology;
1620	repealing s. 282.3032, F.S., relating to guiding
1621	principles for development and implementation of
1622	information systems; amending s. 282.3055, F.S.; providing
1623	for appointment of the agency chief information officer by
1624	the agency head; providing for staffing and supporting of
1625	an agency information technology investment board;
1626	conforming terminology; repealing s. 282.3063, F.S.,
1627	relating to the Agency Annual Enterprise Resource Planning
1628	and Management Report; repealing s. 282.310, F.S.,
1629	relating to the State Annual Report on Enterprise Resource
1630	Planning and Management; amending s. 282.315, F.S.;
1631	revising duties of the Agency Chief Information Officers
1632	Council; providing for the council to assist the Florida
1633	Technology Council for certain purposes, identify
1634	opportunities to meet specified information technology
1635	guidelines, and make certain recommendations to the
1636	Florida Technology Council; providing for the appointment
1637	and terms of officers; amending s. 282.318, F.S.; changing
1638	the popular name; removing responsibility of the State
1639	Technology Office; providing that each agency head is
1640	responsible and accountable for ensuring an adequate level
1641	of security for data and information; providing for
1642	certain security requirements to be determined by the
1643	department; conforming terminology; amending s. 282.322,
1644	F.S., removing a procedure to monitor certain information
1645	resources management projects; amending ss. 365.171 and
1646	365.172, F.S., relating to statewide emergency telephone
1647	number systems; designating duties of the State Technology
1648	Office as duties of the Department of Management Services;
1649	conforming requirements with respect thereto; amending s.
1650	445.049, F.S., relating to the Digital Divide Council;
1651	designating duties of the State Technology Office as
1652	duties of the Department of Management Services; providing
1653	an appropriation and authorizing positions; requiring
1654	certain notice with respect to budget actions; providing
1655	an effective date.

CODING: Words stricken are deletions; words underlined are additions.