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 promotes the use of current |
256 | and,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. |