| 1 | Representative(s) Allen offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Section 282.0051, Florida Statutes, is created |
| 6 | to read: |
| 7 | 282.0051 Information technology management.-- |
| 8 | (1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature |
| 9 | finds that the state needs an information technology |
| 10 | architecture to support the business needs of individual |
| 11 | agencies while optimizing the state's collective use of |
| 12 | information technology through integration, coordination, |
| 13 | consolidation, and sharing. It is the intent of the Legislature |
| 14 | that: |
| 15 | (a) The state shall make governmental information and |
| 16 | services more accessible to citizens by developing a statewide |
| 17 | internet portal presence, a state e-mail system, and state |
| 18 | security protocols. |
| 19 | (b) Each state agency shall develop and implement |
| 20 | information technology in the best interest of the state by |
| 21 | whatever means are cost effective and efficient, are nonvendor |
| 22 | specific systems, and maximize use of shared data and resources. |
| 23 | (c) Agency information technology investments must be |
| 24 | governed responsibly, consistent with fiscal and substantive |
| 25 | policies established by the Legislature, and aligned with |
| 26 | business needs. |
| 27 | (2) DEFINITIONS.--As used in this section, the term: |
| 28 | (a) "Agency information technology investment management" |
| 29 | means an analytical decisionmaking process that is used to |
| 30 | systematically prioritize, select, and manage information |
| 31 | technology investments for the agency. |
| 32 | (b) "Information technology investment" means the cost |
| 33 | associated with agency resources, hardware, software, or |
| 34 | contracted services that are required to provide information |
| 35 | technology services and to initiate approved information |
| 36 | technology projects. |
| 37 | (c) "Information technology portfolio" means the aggregate |
| 38 | list of information technology investments aligned with agency |
| 39 | business needs. |
| 40 | (d) "Information technology services" means the strategic |
| 41 | and nonstrategic information technology services used to enable |
| 42 | agency business processes and as further defined in the |
| 43 | legislative budget instructions developed pursuant to s. |
| 44 | 216.023. |
| 45 | (e) "Information technology services catalog" means a |
| 46 | report defining and describing each information technology |
| 47 | service. |
| 48 | (f) "Project management" means a set of disciplines |
| 49 | required for planning, organizing, managing, implementing, and |
| 50 | controlling organizational and fiscal resources in order to |
| 51 | complete information technology projects. |
| 52 | (g) "Service level agreement" means a written agreement |
| 53 | between a service provider and the agency which describes each |
| 54 | service to be provided and documents the required service |
| 55 | objectives and service levels for a service. Service providers |
| 56 | include external providers, internal providers, and other agency |
| 57 | providers. |
| 58 | (3) AGENCY INFORMATION TECHNOLOGY INVESTMENT MANAGEMENT |
| 59 | PROCESS.--The agency information technology investment |
| 60 | management process shall be used as the primary tool to support |
| 61 | the information technology investment decisions of each agency. |
| 62 | The agency shall adopt the model portfolio management process |
| 63 | developed pursuant to s. 282.3025(2)(d) and may adjust the model |
| 64 | to meet agency-specific organizational needs subject to the |
| 65 | approval of the Agency Chief Information Officers Council. |
| 66 | (a) The investment management process shall: |
| 67 | 1. Be administered by the agency head and include |
| 68 | executive managers from across the agency's program areas. |
| 69 | 2. Define initiatives using a comprehensive, uniform |
| 70 | format. |
| 71 | 3. Evaluate initiatives using an objective framework. |
| 72 | 4. Prioritize initiatives and match initiatives to |
| 73 | resources. |
| 74 | 5. Manage the portfolio and the process proactively. |
| 75 | (b) Agency-approved initiatives which become information |
| 76 | technology projects are subject to the requirements of |
| 77 | subsection (4). New initiatives requiring funding shall be |
| 78 | submitted in the agency's legislative budget request pursuant to |
| 79 | s. 216.023. |
| 80 | (c) The agency shall prepare an information technology |
| 81 | portfolio in a format prescribed in the legislative budget |
| 82 | instructions pursuant to s. 216.023. The portfolio shall |
| 83 | include, but need not be limited to: |
| 84 | 1. A summary statement of the agency's mission, goals, and |
| 85 | objectives for information technology which are supported |
| 86 | through the agency's information technology portfolio. |
| 87 | 2. Identification of projects and resources required to |
| 88 | meet the objectives of the portfolio. |
| 89 | 3. The agency information technology services catalog with |
| 90 | services linked to business processes or business needs. |
| 91 | 4. Implementation schedules estimating the time and |
| 92 | funding required to implement information technology projects. |
| 93 | 5. Funding needed to implement information technology |
| 94 | services identified in the information technology services |
| 95 | catalog. |
| 96 | (d) The agency shall submit its information technology |
| 97 | portfolio as part of its legislative budget request in the |
| 98 | manner and form prescribed in the legislative budget request |
| 99 | instructions as provided in s. 216.023. |
| 100 | (4) INFORMATION TECHNOLOGY PROJECT MANAGEMENT.-- |
| 101 | (a) Each agency shall implement the project management |
| 102 | methodology developed pursuant to s. 282.3025(2)(c). The agency |
| 103 | may make adjustment based on their specific organizational needs |
| 104 | and subject to the approval of the Agency Chief Information |
| 105 | Officers Council. |
| 106 | (b) Information technology projects shall be administered |
| 107 | according to the following requirements: |
| 108 | 1. Projects that refresh desktop units or infrastructure |
| 109 | equipment with new technology that is similar to the technology |
| 110 | currently in use are exempt from the project planning and |
| 111 | reporting requirements in this section unless otherwise |
| 112 | specified in the General Appropriations Act. |
| 113 | 2. For projects with a total cost ranging from $500,000 to |
| 114 | $1,999,999, the agency must appoint a project manager to ensure |
| 115 | that needed project planning and management requirements are |
| 116 | fulfilled. |
| 117 | 3. For projects with a total cost ranging from $500,000 to |
| 118 | $2 million which involve routine hardware or software upgrades |
| 119 | for a single agency, the agency must appoint a project manager |
| 120 | to timely deploy and implement the upgrade. Should the project |
| 121 | be considered high-risk, the project manager shall ensure that |
| 122 | needed project planning and management requirements are |
| 123 | fulfilled. |
| 124 | 4. For projects with a total cost ranging from $2 million |
| 125 | to $10 million, the agency must appoint a project manager to |
| 126 | ensure that needed project planning and management requirements |
| 127 | are fulfilled. For projects in this range which are determined |
| 128 | to impact the general public or which affect an agency's |
| 129 | organizational structure, business processes, or service |
| 130 | delivery model, the agency must appoint a dedicated project |
| 131 | manager and project management team to ensure that all project |
| 132 | planning and management requirements are fulfilled. |
| 133 | 5. For any project with a total cost greater than $10 |
| 134 | million, the agency must appoint a dedicated project manager and |
| 135 | project management team to ensure that all project planning and |
| 136 | management requirements are fulfilled. |
| 137 | Section 2. Section 20.22, Florida Statutes, is amended to |
| 138 | read: |
| 139 | 20.22 Department of Management Services.--There is created |
| 140 | a Department of Management Services. |
| 141 | (1) The head of the Department of Management Services is |
| 142 | the Secretary of Management Services, who shall be appointed by |
| 143 | the Governor, subject to confirmation by the Senate, and shall |
| 144 | serve at the pleasure of the Governor. |
| 145 | (2) The following divisions and programs within the |
| 146 | Department of Management Services are established: |
| 147 | (a) Facilities Program. |
| 148 | (b) State Technology Program Office. |
| 149 | (c) Workforce Program. |
| 150 | (d)1. Support Program. |
| 151 | 2. Federal Property Assistance Program. |
| 152 | (e) Administration Program. |
| 153 | (f) Division of Administrative Hearings. |
| 154 | (g) Division of Retirement. |
| 155 | (h) Division of State Group Insurance. |
| 156 | (i) Florida Technology Council. |
| 157 | (3) The State Technology Office shall operate and manage |
| 158 | the Technology Resource Center. |
| 159 | (3)(4) The duties of the Chief Labor Negotiator shall be |
| 160 | determined by the Secretary of Management Services, and must |
| 161 | include, but need not be limited to, the representation of the |
| 162 | Governor as the public employer in collective bargaining |
| 163 | negotiations pursuant to the provisions of chapter 447. |
| 164 | Section 3. Section 186.022, Florida Statutes, is repealed. |
| 165 | Section 4. Section 216.0446, Florida Statutes, is amended |
| 166 | to read: |
| 167 | 216.0446 Review of information resources management |
| 168 | needs.-- |
| 169 | (1) There is created within the Legislature the Technology |
| 170 | Review Workgroup. The workgroup and the State Technology Office |
| 171 | shall independently review and make recommendations with respect |
| 172 | to the portion of agencies' long-range program plans which |
| 173 | pertains to information technology resources management needs |
| 174 | and with respect to agencies' legislative budget requests for |
| 175 | information technology and related resources. The Technology |
| 176 | Review Workgroup shall report such recommendations, together |
| 177 | with the findings and conclusions on which such recommendations |
| 178 | are based, to the Legislative Budget Commission. The State |
| 179 | Technology Office shall report such recommendations, together |
| 180 | with the findings and conclusions on which such recommendations |
| 181 | are based, to the Executive Office of the Governor and to the |
| 182 | chairs of the legislative appropriations committees. |
| 183 | (2) In addition to its primary duty specified in |
| 184 | subsection (1), the Technology Review Workgroup shall have |
| 185 | powers and duties that include, but are not limited to, the |
| 186 | following: |
| 187 | (a) To evaluate the information resource management needs |
| 188 | identified in the agency long-range program plans for |
| 189 | consistency with the Statewide Information Technology Strategic |
| 190 | Plan State Annual Report on Enterprise Resource Planning and |
| 191 | Management and statewide policies recommended by the State |
| 192 | Technology Office, and make recommendations to the Legislative |
| 193 | Budget Commission. |
| 194 | (b) To review and make recommendations to the Legislative |
| 195 | Budget Commission on proposed budget amendments and agency |
| 196 | transfers associated with information technology initiatives or |
| 197 | projects that involve more than one agency, that have an outcome |
| 198 | that impacts another agency, that exceed $500,000 in total cost |
| 199 | over a 1-year period, or that are requested by the Legislative |
| 200 | Budget Commission to be reviewed. |
| 201 | Section 5. Pursuant to section 216.351, Florida Statutes, |
| 202 | paragraph (c) of subsection (1) of section 216.292, Florida |
| 203 | Statutes, is repealed. |
| 204 | Section 6. Section 282.0041, Florida Statutes, is amended |
| 205 | to read: |
| 206 | 282.0041 Definitions.--For the purposes of this part, the |
| 207 | term: |
| 208 | (1) "Agency" means those entities described in s. |
| 209 | 216.011(1)(qq). |
| 210 | (2) "Agency Annual Enterprise Resource Planning and |
| 211 | Management Report" means the report prepared by each agency |
| 212 | chief information officer as required by s. 282.3063. |
| 213 | (2)(3) "Agency chief information officer" means the person |
| 214 | appointed by the agency head State Technology Office to |
| 215 | coordinate and manage the information technology policies and |
| 216 | activities applicable to that agency. |
| 217 | (3)(4) "Agency Chief Information Officers Council" means |
| 218 | the council created in s. 282.315 to facilitate the sharing and |
| 219 | coordination of information technology issues and initiatives |
| 220 | among the agencies. |
| 221 | (4) "Department" means the Department of Management |
| 222 | Services. |
| 223 | (5) "Florida Technology Council" or "council" means the |
| 224 | organization created in s. 282.3025. |
| 225 | (6)(7) "Information technology" means equipment, hardware, |
| 226 | software, firmware, programs, systems, networks, infrastructure, |
| 227 | media, and related material used to automatically, |
| 228 | electronically, and wirelessly collect, receive, access, |
| 229 | transmit, display, store, record, retrieve, analyze, evaluate, |
| 230 | process, classify, manipulate, manage, assimilate, control, |
| 231 | communicate, exchange, convert, converge, interface, switch, or |
| 232 | disseminate information of any kind or form. |
| 233 | (7)(5) "Information technology Enterprise resources |
| 234 | management infrastructure" means the hardware, software, |
| 235 | networks, data, human resources, policies, standards, |
| 236 | facilities, maintenance, and related materials and services that |
| 237 | are required to support the business processes of an agency or |
| 238 | state enterprise. |
| 239 | (8)(6) "Information technology Enterprise resource |
| 240 | planning and management" means the planning, budgeting, |
| 241 | acquiring, developing, organizing, directing, training, control, |
| 242 | and related services associated with government information |
| 243 | technology. The term encompasses information and related |
| 244 | resources, as well as the controls associated with their |
| 245 | acquisition, development, dissemination, and use. |
| 246 | (9)(8) "Project" means an undertaking directed at the |
| 247 | implementation accomplishment of information technology to |
| 248 | achieve a strategic objective relating to enterprise resources |
| 249 | management or a specific appropriated program. |
| 250 | (9) "State Annual Report on Enterprise Resource Planning |
| 251 | and Management" means the report prepared by the State |
| 252 | Technology Office as defined in s. 282.102. |
| 253 | (10) "Standards" means the generally accepted definitions |
| 254 | for information technology which promote the use of current, |
| 255 | open, nonproprietary, or non-vendor-specific technologies. |
| 256 | (11) "State Technology Office" or "office" means the |
| 257 | office created in s. 282.102. |
| 258 | (12) "Total cost" means all costs associated with |
| 259 | information technology projects or initiatives, including, but |
| 260 | not limited to, value of hardware, software, service, |
| 261 | maintenance, incremental personnel, and facilities. Total cost |
| 262 | of a loan or gift of information technology resources to an |
| 263 | agency includes the fair market value of the resources, except |
| 264 | that the total cost of loans or gifts of information technology |
| 265 | to state universities to be used in instruction or research does |
| 266 | not include fair market value. |
| 267 | Section 7. Section 282.005, Florida Statutes, is repealed. |
| 268 | Section 8. Section 282.0055, Florida Statutes, is created |
| 269 | to read: |
| 270 | 282.0055 Limitation with respect to cabinet |
| 271 | personnel.--The Florida Technology Council and the department |
| 272 | may not take action affecting the supervision, control, |
| 273 | management, or coordination of information technology and |
| 274 | information technology personnel that any cabinet officer listed |
| 275 | in s. 4, Art. IV of the State Constitution deems necessary for |
| 276 | the exercise of his or her statutory or constitutional duties. |
| 277 | Section 9. Section 282.102, Florida Statutes, is amended |
| 278 | to read: |
| 279 | 282.102 Creation of the State Technology Office; Powers |
| 280 | and duties of the department.--There is created a State |
| 281 | Technology Office within The powers and duties of the department |
| 282 | include Department of Management Services. The office shall be a |
| 283 | separate budget entity, and shall be headed by a Chief |
| 284 | Information Officer who is appointed by the Governor and is in |
| 285 | the Senior Management Service. The Chief Information Officer |
| 286 | shall be an agency head for all purposes. The Department of |
| 287 | Management Services shall provide administrative support and |
| 288 | service to the office to the extent requested by the Chief |
| 289 | Information Officer. The office may adopt policies and |
| 290 | procedures regarding personnel, procurement, and transactions |
| 291 | for State Technology Office personnel. The office shall have the |
| 292 | following powers, duties, and functions: |
| 293 | (1) To publish electronically the portfolio of services |
| 294 | available from the department office, including pricing |
| 295 | information; the policies and procedures of the department |
| 296 | office governing usage of available services; and a forecast of |
| 297 | the priorities and initiatives for the state communications |
| 298 | system for the ensuing 2 years. |
| 299 | (2) To adopt rules implementing policies and procedures |
| 300 | providing best practices to be followed by agencies in |
| 301 | acquiring, using, upgrading, modifying, replacing, or disposing |
| 302 | of information technology. |
| 303 | (3) To perform, in consultation with an agency, the |
| 304 | enterprise resource planning and management for the agency. |
| 305 | (2)(4) To advise and render aid to state agencies and |
| 306 | political subdivisions of the state as to systems or methods to |
| 307 | be used for organizing and meeting communications information |
| 308 | technology requirements efficiently and effectively. |
| 309 | (5) To integrate the information technology systems and |
| 310 | services of state agencies. |
| 311 | (3)(6) To adopt technical standards for the state |
| 312 | communications information technology system which will assure |
| 313 | the interconnection of computer networks and information systems |
| 314 | of agencies. |
| 315 | (4)(7) To assume management responsibility for any |
| 316 | consolidated communications system integrated information |
| 317 | technology system or service when determined jointly by the |
| 318 | department and the agency office to be economically efficient or |
| 319 | performance-effective. |
| 320 | (5)(8) To enter into agreements related to information |
| 321 | technology with state agencies and political subdivisions of the |
| 322 | state for services provided herein. |
| 323 | (6)(9) To use and acquire, with agency concurrence, |
| 324 | communications facilities information technology now owned or |
| 325 | operated by any agency. |
| 326 | (7)(10) To purchase from or contract with information |
| 327 | technology providers for communications facilities and services |
| 328 | information technology, including private line services. |
| 329 | (8)(11) To apply for, receive, and hold, and to assist |
| 330 | agencies in applying for, receiving, or holding, such |
| 331 | authorizations, patents, copyrights, trademarks, service marks, |
| 332 | licenses, and allocations or channels and frequencies to carry |
| 333 | out the purposes of this part. |
| 334 | (9)(12) To purchase, lease, or otherwise acquire and to |
| 335 | hold, sell, transfer, license, or otherwise dispose of real, |
| 336 | personal, and intellectual property, including, but not limited |
| 337 | to, patents, trademarks, copyrights, and service marks. |
| 338 | (10)(13) To cooperate with any federal, state, or local |
| 339 | emergency management agency in providing for emergency |
| 340 | communications services. |
| 341 | (11)(14) To delegate, as necessary, to state agencies the |
| 342 | authority to purchase, lease, or otherwise acquire and to use |
| 343 | communications equipment, facilities, and services information |
| 344 | technology or, as necessary, to control and approve the |
| 345 | purchase, lease, or acquisition and the use of all |
| 346 | communications equipment, services, and facilities information |
| 347 | technology, including, but not limited to, communications |
| 348 | services provided as part of any other total system to be used |
| 349 | by the state or any of its agencies. |
| 350 | (12)(15) To acquire ownership, possession, custody, and |
| 351 | control of existing communications equipment and facilities, |
| 352 | including all right, title, interest, and equity therein, as |
| 353 | necessary, to carry out the purposes of this part. However, the |
| 354 | provisions of this subsection shall in no way affect the rights, |
| 355 | title, interest, or equity in any such equipment or facilities |
| 356 | owned by, or leased to, the state or any state agency by any |
| 357 | telecommunications company. |
| 358 | (13)(16) To adopt rules pursuant to ss. 120.536(1) and |
| 359 | 120.54 relating to information technology and to administer the |
| 360 | provisions of this part. |
| 361 | (14)(17) To provide a means whereby political subdivisions |
| 362 | of the state may use state information technology systems upon |
| 363 | such terms and under such conditions as the department office |
| 364 | may establish. |
| 365 | (15)(18) To apply for and accept federal funds for any of |
| 366 | the purposes of this part as well as gifts and donations from |
| 367 | individuals, foundations, and private organizations. |
| 368 | (16)(19) To monitor issues relating to communications |
| 369 | facilities and services before the Florida Public Service |
| 370 | Commission and, when necessary, prepare position papers, prepare |
| 371 | testimony, appear as a witness, and retain witnesses on behalf |
| 372 | of state agencies in proceedings before the commission. |
| 373 | (17)(20) Unless delegated to the agencies by the Chief |
| 374 | Information Officer, to manage and control, but not intercept or |
| 375 | interpret, communications within the SUNCOM Network by: |
| 376 | (a) Establishing technical standards to physically |
| 377 | interface with the SUNCOM Network. |
| 378 | (b) Specifying how communications are transmitted within |
| 379 | the SUNCOM Network. |
| 380 | (c) Controlling the routing of communications within the |
| 381 | SUNCOM Network. |
| 382 | (d) Establishing standards, policies, and procedures for |
| 383 | access to the SUNCOM Network. |
| 384 | (e) Ensuring orderly and reliable communications services |
| 385 | in accordance with the service level agreements executed with |
| 386 | state agencies. |
| 387 | (18)(21) To plan, design, and conduct experiments for |
| 388 | information technology services, equipment, and technologies, |
| 389 | and to implement enhancements in the state information |
| 390 | technology system when in the public interest and cost- |
| 391 | effective. Funding for such experiments shall be derived from |
| 392 | SUNCOM Network service revenues and shall not exceed 2 percent |
| 393 | of the annual budget for the SUNCOM Network for any fiscal year |
| 394 | or as provided in the General Appropriations Act. New services |
| 395 | offered as a result of this subsection shall not affect existing |
| 396 | rates for facilities or services. |
| 397 | (19)(22) To enter into contracts or agreements, with or |
| 398 | without competitive bidding or procurement, to make available, |
| 399 | on a fair, reasonable, and nondiscriminatory basis, property and |
| 400 | other structures under department office control for the |
| 401 | placement of new facilities by any wireless provider of mobile |
| 402 | service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any |
| 403 | telecommunications company as defined in s. 364.02 when it is |
| 404 | determined to be practical and feasible to make such property or |
| 405 | other structures available. The department office may, without |
| 406 | adopting a rule, charge a just, reasonable, and |
| 407 | nondiscriminatory fee for the placement of the facilities, |
| 408 | payable annually, based on the fair market value of space used |
| 409 | by comparable communications facilities in the state. The |
| 410 | department office and a wireless provider or telecommunications |
| 411 | company may negotiate the reduction or elimination of a fee in |
| 412 | consideration of services provided to the department office by |
| 413 | the wireless provider or telecommunications company. All such |
| 414 | fees collected by the department office shall be deposited |
| 415 | directly into the Law Enforcement Radio Operating Trust Fund, |
| 416 | and may be used by the department office to construct, maintain, |
| 417 | or support the system. |
| 418 | (20)(23) To provide an integrated electronic system for |
| 419 | deploying government products, services, and information to |
| 420 | individuals and businesses which reflects cost-effective |
| 421 | deployment strategies in keeping with industry standards and |
| 422 | practices and includes protections and security of private |
| 423 | information as well as maintenance of public records. |
| 424 | (a) The integrated electronic system shall reflect cost- |
| 425 | effective deployment strategies in keeping with industry |
| 426 | standards and practices, including protections and security of |
| 427 | private information as well as maintenance of public records. |
| 428 | (b) The office shall provide a method for assessing fiscal |
| 429 | accountability for the integrated electronic system and shall |
| 430 | establish the organizational structure required to implement |
| 431 | this system. |
| 432 | (24) To provide administrative support to the Agency Chief |
| 433 | Information Officers Council and other workgroups created by the |
| 434 | Chief Information Officer. |
| 435 | (25) To facilitate state information technology education |
| 436 | and training for senior management and other agency staff. |
| 437 | (26) To prepare, on behalf of the Executive Office of the |
| 438 | Governor, memoranda on recommended guidelines and best practices |
| 439 | for information resources management, when requested. |
| 440 | (27) To prepare, publish, and disseminate the State Annual |
| 441 | Report on Enterprise Resource Planning and Management under s. |
| 442 | 282.310. |
| 443 | (28) To study and make a recommendation to the Governor |
| 444 | and Legislature on the feasibility of implementing online voting |
| 445 | in this state. |
| 446 | (29) To facilitate the development of a network access |
| 447 | point in this state, as needed. |
| 448 | (30) To designate a State Chief Privacy Officer who shall |
| 449 | be responsible for the continual review of policies, laws, |
| 450 | rules, and practices of state agencies which may affect the |
| 451 | privacy concerns of state residents. |
| 452 | Section 10. Section 282.103, Florida Statutes, is amended |
| 453 | to read: |
| 454 | 282.103 SUNCOM Network; exemptions from the required |
| 455 | use.-- |
| 456 | (1) There is created within the Department of Management |
| 457 | Services State Technology Office the SUNCOM Network which shall |
| 458 | be developed to serve as the state communications system for |
| 459 | providing local and long-distance communications services to |
| 460 | state agencies, political subdivisions of the state, |
| 461 | municipalities, state universities, and nonprofit corporations |
| 462 | pursuant to ss. 282.101-282.111. The SUNCOM Network shall be |
| 463 | developed to transmit all types of communications signals, |
| 464 | including, but not limited to, voice, data, video, image, and |
| 465 | radio. State agencies shall cooperate and assist in the |
| 466 | development and joint use of communications systems and |
| 467 | services. |
| 468 | (2) The department State Technology Office shall design, |
| 469 | engineer, implement, manage, and operate through state |
| 470 | ownership, commercial leasing, or some combination thereof, the |
| 471 | facilities and equipment providing SUNCOM Network services, and |
| 472 | shall develop a system of equitable billings and charges for |
| 473 | communication services. |
| 474 | (3) All state agencies and state universities are required |
| 475 | to use the SUNCOM Network for agency and state university |
| 476 | communications services as the services become available; |
| 477 | however, no agency or university is relieved of responsibility |
| 478 | for maintaining communications services necessary for effective |
| 479 | management of its programs and functions. If a SUNCOM Network |
| 480 | service does not meet the communications requirements of an |
| 481 | agency or university, the agency or university shall notify the |
| 482 | department State Technology Office in writing and detail the |
| 483 | requirements for that communications service. If the department |
| 484 | office is unable to meet an agency's or university's |
| 485 | requirements by enhancing SUNCOM Network service, the department |
| 486 | office may grant the agency or university an exemption from the |
| 487 | required use of specified SUNCOM Network services. |
| 488 | Section 11. Section 282.104, Florida Statutes, is amended |
| 489 | to read: |
| 490 | 282.104 Use of state SUNCOM Network by |
| 491 | municipalities.--Any municipality may request the department |
| 492 | State Technology Office to provide any or all of the SUNCOM |
| 493 | Network's portfolio of communications services upon such terms |
| 494 | and under such conditions as the department office may |
| 495 | establish. The requesting municipality shall pay its share of |
| 496 | installation and recurring costs according to the published |
| 497 | rates for SUNCOM Network services and as invoiced by the |
| 498 | department office. Such municipality shall also pay for any |
| 499 | requested modifications to existing SUNCOM Network services, if |
| 500 | any charges apply. |
| 501 | Section 12. Section 282.105, Florida Statutes, is amended |
| 502 | to read: |
| 503 | 282.105 Use of state SUNCOM Network by nonprofit |
| 504 | corporations.-- |
| 505 | (1) The department State Technology Office shall provide a |
| 506 | means whereby private nonprofit corporations under contract with |
| 507 | state agencies or political subdivisions of the state may use |
| 508 | the state SUNCOM Network, subject to the limitations in this |
| 509 | section. In order to qualify to use the state SUNCOM Network, a |
| 510 | nonprofit corporation shall: |
| 511 | (a) Expend the majority of its total direct revenues for |
| 512 | the provision of contractual services to the state, a |
| 513 | municipality, or a political subdivision of the state; and |
| 514 | (b) Receive only a small portion of its total revenues |
| 515 | from any source other than a state agency, a municipality, or a |
| 516 | political subdivision of the state during the period of time |
| 517 | SUNCOM Network services are requested. |
| 518 | (2) Each nonprofit corporation seeking authorization to |
| 519 | use the state SUNCOM Network pursuant to this section shall |
| 520 | provide to the department office, upon request, proof of |
| 521 | compliance with subsection (1). |
| 522 | (3) Nonprofit corporations established pursuant to general |
| 523 | law and an association of municipal governments which is wholly |
| 524 | owned by the municipalities shall be eligible to use the state |
| 525 | SUNCOM Network, subject to the terms and conditions of the |
| 526 | department office. |
| 527 | (4) Institutions qualified to participate in the William |
| 528 | L. Boyd, IV, Florida Resident Access Grant Program pursuant to |
| 529 | s. 1009.89 shall be eligible to use the state SUNCOM Network, |
| 530 | subject to the terms and conditions of the department office. |
| 531 | Such entities shall not be required to satisfy the other |
| 532 | criteria of this section. |
| 533 | (5) Private, nonprofit elementary and secondary schools |
| 534 | shall be eligible for rates and services on the same basis as |
| 535 | public schools, providing these nonpublic schools do not have an |
| 536 | endowment in excess of $50 million. |
| 537 | Section 13. Section 282.106, Florida Statutes, is amended |
| 538 | to read: |
| 539 | 282.106 Use of SUNCOM Network by libraries.--The |
| 540 | department State Technology Office may provide SUNCOM Network |
| 541 | services to any library in the state, including libraries in |
| 542 | public schools, community colleges, state universities, and |
| 543 | nonprofit private postsecondary educational institutions, and |
| 544 | libraries owned and operated by municipalities and political |
| 545 | subdivisions. |
| 546 | Section 14. Section 282.1065, Florida Statutes, is created |
| 547 | to read: |
| 548 | 282.1065 Use of SUNCOM Network by hospitals.-- The |
| 549 | department may provide SUNCOM Network services to hospitals or |
| 550 | other facilities licensed under chapter 395 and their state |
| 551 | associations who currently contract with or provide services on |
| 552 | behalf of state or local governments. |
| 553 | Section 15. Section 282.107, Florida Statutes, is amended |
| 554 | to read: |
| 555 | 282.107 SUNCOM Network; criteria for usage.-- |
| 556 | (1) The department State Technology Office shall |
| 557 | periodically review the qualifications of subscribers using the |
| 558 | state SUNCOM Network and shall terminate services provided to |
| 559 | any facility not qualified pursuant to ss. 282.101-282.111 or |
| 560 | rules adopted hereunder. In the event of nonpayment of invoices |
| 561 | by subscribers whose SUNCOM Network invoices are paid from |
| 562 | sources other than legislative appropriations, such nonpayment |
| 563 | represents good and sufficient reason to terminate service. |
| 564 | (2) The department State Technology Office shall adopt |
| 565 | rules setting forth its procedures for withdrawing and restoring |
| 566 | authorization to use the state SUNCOM Network. Such rules shall |
| 567 | provide a minimum of 30 days' notice to affected parties prior |
| 568 | to termination of voice communications service. |
| 569 | (3) Nothing in this section shall be construed to limit or |
| 570 | restrict the ability of the Florida Public Service Commission to |
| 571 | set jurisdictional tariffs of telecommunications companies. |
| 572 | Section 16. Section 282.1095, Florida Statutes, is amended |
| 573 | to read: |
| 574 | 282.1095 State agency law enforcement radio system and |
| 575 | interoperability network.-- |
| 576 | (1) The department State Technology Office may acquire and |
| 577 | implement a statewide radio communications system to serve law |
| 578 | enforcement units of state agencies, and to serve local law |
| 579 | enforcement agencies through mutual aid channels. The Joint Task |
| 580 | Force on State Agency Law Enforcement Communications is |
| 581 | established in the department State Technology Office to advise |
| 582 | the department office of member-agency needs for the planning, |
| 583 | designing, and establishment of the joint system. The State |
| 584 | Agency Law Enforcement Radio System Trust Fund is established in |
| 585 | the department State Technology Office. The trust fund shall be |
| 586 | funded from surcharges collected under ss. 320.0802 and 328.72. |
| 587 | (2)(a) The Joint Task Force on State Agency Law |
| 588 | Enforcement Communications shall consist of eight members, as |
| 589 | follows: |
| 590 | 1. A representative of the Division of Alcoholic Beverages |
| 591 | and Tobacco of the Department of Business and Professional |
| 592 | Regulation who shall be appointed by the secretary of the |
| 593 | department. |
| 594 | 2. A representative of the Division of Florida Highway |
| 595 | Patrol of the Department of Highway Safety and Motor Vehicles |
| 596 | who shall be appointed by the executive director of the |
| 597 | department. |
| 598 | 3. A representative of the Department of Law Enforcement |
| 599 | who shall be appointed by the executive director of the |
| 600 | department. |
| 601 | 4. A representative of the Fish and Wildlife Conservation |
| 602 | Commission who shall be appointed by the executive director of |
| 603 | the commission. |
| 604 | 5. A representative of the Division of Law Enforcement of |
| 605 | the Department of Environmental Protection who shall be |
| 606 | appointed by the secretary of the department. |
| 607 | 6. A representative of the Department of Corrections who |
| 608 | shall be appointed by the secretary of the department. |
| 609 | 7. A representative of the Division of State Fire Marshal |
| 610 | of the Department of Financial Services who shall be appointed |
| 611 | by the State Fire Marshal. |
| 612 | 8. A representative of the Department of Transportation |
| 613 | who shall be appointed by the secretary of the department. |
| 614 | (b) Each appointed member of the joint task force shall |
| 615 | serve at the pleasure of the appointing official. Any vacancy on |
| 616 | the joint task force shall be filled in the same manner as the |
| 617 | original appointment. Any joint task force member may, upon |
| 618 | notification to the chair prior to the beginning of any |
| 619 | scheduled meeting, appoint an alternative to represent the |
| 620 | member on the task force and vote on task force business in his |
| 621 | or her absence. |
| 622 | (c) The joint task force shall elect a chair from among |
| 623 | its members to serve a 1-year term. A vacancy in the chair of |
| 624 | the joint task force must be filled for the remainder of the |
| 625 | unexpired term by an election of the joint task force members. |
| 626 | (d) The joint task force shall meet as necessary, but at |
| 627 | least quarterly, at the call of the chair and at the time and |
| 628 | place designated by him or her. |
| 629 | (e) The per diem and travel expenses incurred by a member |
| 630 | of the joint task force in attending its meetings and in |
| 631 | attending to its affairs shall be paid pursuant to s. 112.061, |
| 632 | from funds budgeted to the state agency that the member |
| 633 | represents. |
| 634 | (f) The department State Technology Office is hereby |
| 635 | authorized to rent or lease space on any tower under its |
| 636 | control. The department office may also rent, lease, or sublease |
| 637 | ground space as necessary to locate equipment to support |
| 638 | antennae on the towers. The costs for use of such space shall be |
| 639 | established by the department office for each site, when it is |
| 640 | determined to be practicable and feasible to make space |
| 641 | available. The department office may refuse to lease space on |
| 642 | any tower at any site. All moneys collected by the department |
| 643 | office for such rents, leases, and subleases shall be deposited |
| 644 | directly into the Law Enforcement Radio Operating Trust Fund and |
| 645 | may be used by the department office to construct, maintain, or |
| 646 | support the system. |
| 647 | (g) The department State Technology Office is hereby |
| 648 | authorized to rent, lease, or sublease ground space on lands |
| 649 | acquired by the department office for the construction of |
| 650 | privately owned or publicly owned towers. The department office |
| 651 | may, as a part of such rental, lease, or sublease agreement, |
| 652 | require space on said tower or towers for antennae as may be |
| 653 | necessary for the construction and operation of the state agency |
| 654 | law enforcement radio system or any other state need. The |
| 655 | positions necessary for the department office to accomplish its |
| 656 | duties under this paragraph and paragraph (f) shall be |
| 657 | established in the General Appropriations Act and shall be |
| 658 | funded by the Law Enforcement Radio Operating Trust Fund or |
| 659 | other revenue sources. |
| 660 | (h) The department State Technology Office may make the |
| 661 | mutual aid channels in the statewide radio communications system |
| 662 | available to federal agencies, state agencies, and agencies of |
| 663 | the political subdivisions of the state for the purpose of |
| 664 | public safety and domestic security. The department office shall |
| 665 | exercise its powers and duties, as specified in this chapter, to |
| 666 | plan, manage, and administer the mutual aid channels. The |
| 667 | department office shall, in implementing such powers and duties, |
| 668 | act in consultation and conjunction with the Department of Law |
| 669 | Enforcement and the Division of Emergency Management of the |
| 670 | Department of Community Affairs, and shall manage and administer |
| 671 | the mutual aid channels in a manner that reasonably addresses |
| 672 | the needs and concerns of the involved law enforcement agencies |
| 673 | and emergency response agencies and entities. |
| 674 | (3) Upon appropriation, moneys in the trust fund may be |
| 675 | used by the department office to acquire by competitive |
| 676 | procurement the equipment; software; and engineering, |
| 677 | administrative, and maintenance services it needs to construct, |
| 678 | operate, and maintain the statewide radio system. Moneys in the |
| 679 | trust fund collected as a result of the surcharges set forth in |
| 680 | ss. 320.0802 and 328.72 shall be used to help fund the costs of |
| 681 | the system. Upon completion of the system, moneys in the trust |
| 682 | fund may also be used by the department office to provide for |
| 683 | payment of the recurring maintenance costs of the system. |
| 684 | (4)(a) The department office shall, in conjunction with |
| 685 | the Department of Law Enforcement and the Division of Emergency |
| 686 | Management of the Department of Community Affairs, establish |
| 687 | policies, procedures, and standards which shall be incorporated |
| 688 | into a comprehensive management plan for the use and operation |
| 689 | of the statewide radio communications system. |
| 690 | (b) The joint task force, in consultation with the |
| 691 | department office, shall have the authority to permit other |
| 692 | state agencies to use the communications system, under terms and |
| 693 | conditions established by the joint task force. |
| 694 | (5) The department office shall provide technical support |
| 695 | to the joint task force and shall bear the overall |
| 696 | responsibility for the design, engineering, acquisition, and |
| 697 | implementation of the statewide radio communications system and |
| 698 | for ensuring the proper operation and maintenance of all system |
| 699 | common equipment. |
| 700 | (6)(a) The department State Technology Office may create |
| 701 | and implement an interoperability network to enable |
| 702 | interoperability between various radio communications |
| 703 | technologies and to serve federal agencies, state agencies, and |
| 704 | agencies of political subdivisions of the state for the purpose |
| 705 | of public safety and domestic security. The department office |
| 706 | shall, in conjunction with the Department of Law Enforcement and |
| 707 | the Division of Emergency Management of the Department of |
| 708 | Community Affairs, exercise its powers and duties pursuant to |
| 709 | this chapter to plan, manage, and administer the |
| 710 | interoperability network. The department office may: |
| 711 | 1. Enter into mutual aid agreements among federal |
| 712 | agencies, state agencies, and political subdivisions of the |
| 713 | state for the use of the interoperability network. |
| 714 | 2. Establish the cost of maintenance and operation of the |
| 715 | interoperability network and charge subscribing federal and |
| 716 | local law enforcement agencies for access and use of the |
| 717 | network. The department State Technology Office may not charge |
| 718 | state law enforcement agencies identified in paragraph (2)(a) to |
| 719 | use the network. |
| 720 | 3. In consultation with the Department of Law Enforcement |
| 721 | and the Division of Emergency Management of the Department of |
| 722 | Community Affairs, amend and enhance the statewide radio |
| 723 | communications system as necessary to implement the |
| 724 | interoperability network. |
| 725 | (b) The department State Technology Office, in |
| 726 | consultation with the Joint Task Force on State Agency Law |
| 727 | Enforcement Communications, and in conjunction with the |
| 728 | Department of Law Enforcement and the Division of Emergency |
| 729 | Management of the Department of Community Affairs, shall |
| 730 | establish policies, procedures, and standards to incorporate |
| 731 | into a comprehensive management plan for the use and operation |
| 732 | of the interoperability network. |
| 733 | Section 17. Section 282.111, Florida Statutes, is amended |
| 734 | to read: |
| 735 | 282.111 Statewide system of regional law enforcement |
| 736 | communications.-- |
| 737 | (1) It is the intent and purpose of the Legislature that a |
| 738 | statewide system of regional law enforcement communications be |
| 739 | developed whereby maximum efficiency in the use of existing |
| 740 | radio channels is achieved in order to deal more effectively |
| 741 | with the apprehension of criminals and the prevention of crime |
| 742 | generally. To this end, all law enforcement agencies within the |
| 743 | state are directed to provide the department State Technology |
| 744 | Office with any information the department office requests for |
| 745 | the purpose of implementing the provisions of subsection (2). |
| 746 | (2) The department State Technology Office is hereby |
| 747 | authorized and directed to develop and maintain a statewide |
| 748 | system of regional law enforcement communications. In |
| 749 | formulating such a system, the department office shall divide |
| 750 | the state into appropriate regions and shall develop a program |
| 751 | which shall include, but not be limited to, the following |
| 752 | provisions: |
| 753 | (a) The communications requirements for each county and |
| 754 | municipality comprising the region. |
| 755 | (b) An interagency communications provision which shall |
| 756 | depict the communication interfaces between municipal, county, |
| 757 | and state law enforcement entities which operate within the |
| 758 | region. |
| 759 | (c) Frequency allocation and use provision which shall |
| 760 | include, on an entity basis, each assigned and planned radio |
| 761 | channel and the type of operation, simplex, duplex, or half- |
| 762 | duplex, on each channel. |
| 763 | (3) The department office shall adopt any necessary rules |
| 764 | and regulations for implementing and coordinating the statewide |
| 765 | system of regional law enforcement communications. |
| 766 | (4) The secretary of the Department of Management Services |
| 767 | Chief Information Officer of the State Technology Office or his |
| 768 | or her designee is designated as the director of the statewide |
| 769 | system of regional law enforcement communications and, for the |
| 770 | purpose of carrying out the provisions of this section, is |
| 771 | authorized to coordinate the activities of the system with other |
| 772 | interested state agencies and local law enforcement agencies. |
| 773 | (5) No law enforcement communications system shall be |
| 774 | established or present system expanded without the prior |
| 775 | approval of the department State Technology Office. |
| 776 | (6) Within the limits of its capability, the Department of |
| 777 | Law Enforcement is encouraged to lend assistance to the |
| 778 | department State Technology Office in the development of the |
| 779 | statewide system of regional law enforcement communications |
| 780 | proposed by this section. |
| 781 | Section 18. Section 282.20, Florida Statutes, is amended |
| 782 | to read: |
| 783 | 282.20 Technology Resource Center.-- |
| 784 | (1)(a) The Department of Management Services State |
| 785 | Technology Office shall operate and manage the Technology |
| 786 | Resource Center. |
| 787 | (b) For the purposes of this section, the term: |
| 788 | 1. "Information-system utility" means a full-service |
| 789 | information-processing facility offering hardware, software, |
| 790 | operations, integration, networking, and consulting services. |
| 791 | 2. "Customer" means a state agency or other entity which |
| 792 | is authorized to utilize the SUNCOM Network pursuant to this |
| 793 | part. |
| 794 | (2) The Technology Resource Center shall: |
| 795 | (a) Serve the department office and other customers as an |
| 796 | information-system utility. |
| 797 | (b) Cooperate with customers to offer, develop, and |
| 798 | support a wide range of services and applications needed by |
| 799 | users of the Technology Resource Center. |
| 800 | (c) Cooperate with the Florida Legal Resource Center of |
| 801 | the Department of Legal Affairs and other state agencies to |
| 802 | develop and provide access to repositories of legal information |
| 803 | throughout the state. |
| 804 | (d) Cooperate with the department office to facilitate |
| 805 | interdepartmental networking and integration of network services |
| 806 | for its customers. |
| 807 | (e) Assist customers in testing and evaluating new and |
| 808 | emerging technologies that could be used to meet the needs of |
| 809 | the state. |
| 810 | (3) The department office may contract with customers to |
| 811 | provide any combination of services necessary for agencies to |
| 812 | fulfill their responsibilities and to serve their users. |
| 813 | (4) The Technology Resource Center may plan, design, |
| 814 | establish pilot projects for, and conduct experiments with |
| 815 | information technology resources, and may implement enhancements |
| 816 | in services when such implementation is cost-effective. Funding |
| 817 | for experiments and pilot projects shall be derived from service |
| 818 | revenues and may not exceed 5 percent of the service revenues |
| 819 | for the Technology Resource Center for any single fiscal year. |
| 820 | Any experiment, pilot project, plan, or design must be approved |
| 821 | by the secretary of the department Chief Information Officer. |
| 822 | (5) Notwithstanding the provisions of s. 216.272, the |
| 823 | Technology Resource Center may spend funds in the reserve |
| 824 | account of the Technology Enterprise Operating Trust Fund for |
| 825 | enhancements to center operations or for information technology |
| 826 | resources. Any expenditure of reserve account funds must be |
| 827 | approved by the secretary of the department Chief Information |
| 828 | Officer. Any funds remaining in the reserve account at the end |
| 829 | of the fiscal year may be carried forward and spent as approved |
| 830 | by the secretary Chief Information Officer, provided that such |
| 831 | approval conforms to any applicable provisions of chapter 216. |
| 832 | Section 19. Section 282.21, Florida Statutes, is amended |
| 833 | to read: |
| 834 | 282.21 The State Technology Office's Electronic access |
| 835 | services of the department.--The department State Technology |
| 836 | Office may collect fees for providing remote electronic access |
| 837 | pursuant to s. 119.07(2). The fees may be imposed on individual |
| 838 | transactions or as a fixed subscription for a designated period |
| 839 | of time. All fees collected under this section shall be |
| 840 | deposited in the appropriate trust fund of the program or |
| 841 | activity that made the remote electronic access available. |
| 842 | Section 20. Section 282.22, Florida Statutes, is amended |
| 843 | to read: |
| 844 | 282.22 State Technology Office; Production, dissemination, |
| 845 | and ownership of materials and products.-- |
| 846 | (1) It is the intent of the Legislature that when |
| 847 | materials, products, information, and services are acquired or |
| 848 | developed by or under the direction of the department State |
| 849 | Technology Office, through research and development or other |
| 850 | efforts, including those subject to copyright, patent, or |
| 851 | trademark, they shall be made available for use by state and |
| 852 | local government entities at the earliest practicable date and |
| 853 | in the most economical and efficient manner possible and |
| 854 | consistent with chapter 119. |
| 855 | (2) To accomplish this objective the department may office |
| 856 | is authorized to publish or partner with private sector entities |
| 857 | to produce or have produced materials and products and to make |
| 858 | them readily available for appropriate use. The department may |
| 859 | office is authorized to charge an amount or receive value-added |
| 860 | services adequate to cover the essential cost of producing and |
| 861 | disseminating such materials, information, services, or products |
| 862 | and is authorized to sell services. |
| 863 | (3) If In cases in which the materials or products are of |
| 864 | such nature, or the circumstances are such, that it is not |
| 865 | practicable or feasible for the department office to produce or |
| 866 | have produced materials and products so developed, it is |
| 867 | authorized, after review and approval by the Executive Office of |
| 868 | the Governor, to license, lease, assign, sell, or otherwise give |
| 869 | written consent to any person, firm, or corporation for the |
| 870 | manufacture or use thereof, on a royalty basis, or for such |
| 871 | other consideration as the department deems office shall deem |
| 872 | proper and in the best interest of the state; the department |
| 873 | shall office is authorized and directed to protect same against |
| 874 | improper or unlawful use or infringement and to enforce the |
| 875 | collection of any sums due for the manufacture or use thereof by |
| 876 | any other party. |
| 877 | (4) All proceeds from the sale of such materials and |
| 878 | products or other money collected pursuant to this section shall |
| 879 | be deposited into the Grants and Donations Trust Fund of the |
| 880 | department office and, when properly budgeted as approved by the |
| 881 | Legislature and the Executive Office of the Governor, used to |
| 882 | pay the cost of producing and disseminating materials and |
| 883 | products to carry out the intent of this section. |
| 884 | Section 21. Section 282.23, Florida Statutes, is repealed. |
| 885 | Section 22. Section 282.3025, Florida Statutes, is created |
| 886 | to read: |
| 887 | 282.3025 Florida Technology Council; powers and duties.-- |
| 888 | (1) There is created a Florida Technology Council within |
| 889 | the Department of Management Services. The council shall be |
| 890 | headed by a State Chief Information Officer who is appointed by |
| 891 | the Governor. The Department of Management Services shall |
| 892 | provide administrative support and services to the council. |
| 893 | (2) The council shall have the following powers, duties, |
| 894 | and functions: |
| 895 | (a) Develop and submit by January 15, 2006, a Statewide |
| 896 | Information Technology Strategic Plan consistent with the |
| 897 | provisions of s. 282.0051(1), and in consultation with the |
| 898 | Agency Chief Information Officers Council. The plan must |
| 899 | include, but need not be limited to, a description and |
| 900 | recommendations as to how the state can deploy information |
| 901 | technology that: |
| 902 | 1. Aligns state information technology resources and |
| 903 | assets to achieve an enterprise perspective and focus state |
| 904 | investments on initiatives that provide significant improvements |
| 905 | in statewide service delivery and business operations. |
| 906 | 2. Makes state governmental information and services more |
| 907 | accessible to residents and the state's clients. |
| 908 | 3. Improves governmental efficiency and cost- |
| 909 | effectiveness. |
| 910 | 4. Improves security and performance of the state's |
| 911 | information technology infrastructure. |
| 912 | 5. Makes recommendations for changes to the statutes which |
| 913 | promote the findings of the report. |
| 914 | (b) Develop enterprise information technology policies, |
| 915 | standards, guidelines, and procedures in consultation with and |
| 916 | subject to the approval of the Agency Chief Information Officers |
| 917 | Council, the Technology Review Workgroup, and the department, |
| 918 | relating to enterprise architecture, enterprise Internet portal, |
| 919 | business continuity and disaster recovery, security, computing, |
| 920 | networks, desktop equipment, and communications. |
| 921 | (c) Recommend, in consultation with and subject to the |
| 922 | approval of the Agency Chief Information Officers Council and |
| 923 | the Technology Review Workgroup, a project management |
| 924 | methodology for use by the agencies to meet the provisions of s. |
| 925 | 282.0051. The methodology shall be adopted by September 30, |
| 926 | 2005, for distribution to the agencies. |
| 927 | (d) Develop, in consultation with and subject to the |
| 928 | approval of the Agency Chief Information Officers Council and |
| 929 | the Technology Review Workgroup, a model agency information |
| 930 | technology investment management process and an information |
| 931 | technology investment portfolio. The model process shall be |
| 932 | adopted by September 30, 2005, for distribution to the agencies. |
| 933 | (e) Review recommendations made by the Agency Chief |
| 934 | Information Officers Council for improving information |
| 935 | technology in agencies or the state and make recommendations to |
| 936 | the Governor and the Legislature for consideration during |
| 937 | legislative session. |
| 938 | (f) Review each agency information technology investment |
| 939 | portfolio and make recommendations to the Governor and the |
| 940 | Legislature regarding opportunities consistent with s. |
| 941 | 282.0051(1). |
| 942 | (g) Prepare, on behalf of the Executive Office of the |
| 943 | Governor, memoranda on recommended guidelines and best practices |
| 944 | for information technology, when requested. |
| 945 | (3) The Florida Technology Council may adopt rules |
| 946 | pursuant to ss. 120.536(1) and 120.54 to administer the |
| 947 | provisions of this section. |
| 948 | Section 23. Section 282.3031, Florida Statutes, is amended |
| 949 | to read: |
| 950 | 282.3031 Assignment of information technology planning and |
| 951 | resources management responsibilities.--For purposes of ss. |
| 952 | 282.3032-282.322 282.303-282.322, to ensure the best management |
| 953 | of state information technology resources, and notwithstanding |
| 954 | other provisions of law to the contrary, the functions of |
| 955 | information technology planning and resources management are |
| 956 | assigned to the university boards of trustees for the |
| 957 | development and implementation of planning, management, |
| 958 | rulemaking, standards, and guidelines for the state |
| 959 | universities; to the community college boards of trustees for |
| 960 | establishing and developing rules for the community colleges; to |
| 961 | the Supreme Court for the judicial branch; to each state |
| 962 | attorney and public defender; and to the agency head State |
| 963 | Technology Office for the agencies within the executive branch |
| 964 | of state government. |
| 965 | Section 24. Section 282.3032, Florida Statutes, is |
| 966 | repealed. |
| 967 | Section 25. Section 282.3055, Florida Statutes, is amended |
| 968 | to read: |
| 969 | 282.3055 Agency chief information officer; appointment; |
| 970 | duties.-- |
| 971 | (1)(a) To assist the agency head State Technology Officer |
| 972 | in carrying out information technology the enterprise resource |
| 973 | planning and management responsibilities, the agency head Chief |
| 974 | Information Officer may appoint or contract for an agency chief |
| 975 | information officer. This position may be full time or part |
| 976 | time. |
| 977 | (b) The agency chief information officer must, at a |
| 978 | minimum, have knowledge and experience in both management and |
| 979 | information technology resources. |
| 980 | (2) The duties of the agency chief information officer |
| 981 | include, but are not limited to: |
| 982 | (a) Coordinating and facilitating agency information |
| 983 | technology enterprise resource planning and management projects |
| 984 | and initiatives. |
| 985 | (b) Preparing the an agency annual information technology |
| 986 | investment portfolio report on enterprise resource planning and |
| 987 | management pursuant to the provisions of s. 282.0051 s. |
| 988 | 282.3063. |
| 989 | (c) Developing and implementing agency information |
| 990 | technology enterprise resource planning and management policies, |
| 991 | procedures, guidelines, and standards consistent with statewide |
| 992 | policies, procedures, guidelines, and standards, including |
| 993 | specific policies and procedures for review and approval of the |
| 994 | agency's purchases of information technology resources in |
| 995 | accordance with the office's policies and procedures. |
| 996 | (d) Advising agency senior management as to the |
| 997 | information technology enterprise resource planning and |
| 998 | management and the information technology investment needs of |
| 999 | the agency for inclusion in planning documents required by law. |
| 1000 | (e) Staffing and supporting an agency information |
| 1001 | technology investment management process. |
| 1002 | (e) Assisting in the development and prioritization of the |
| 1003 | enterprise resource planning and management schedule of the |
| 1004 | agency's legislative budget request. |
| 1005 | Section 26. Section 282.3063, Florida Statutes, is |
| 1006 | repealed. |
| 1007 | Section 27. Section 282.310, Florida Statutes, is |
| 1008 | repealed. |
| 1009 | Section 28. Section 282.315, Florida Statutes, is amended |
| 1010 | to read: |
| 1011 | 282.315 Agency Chief Information Officers Council; |
| 1012 | creation.--The Legislature finds that enhancing communication, |
| 1013 | consensus building, coordination, and facilitation of statewide |
| 1014 | enterprise information technology resource planning and |
| 1015 | management issues are is essential to improving state management |
| 1016 | of such resources. |
| 1017 | (1) There is created an Agency Chief Information Officers |
| 1018 | Council to: |
| 1019 | (a) Enhance communication among the agency chief |
| 1020 | information officers and the Florida Technology Council by |
| 1021 | sharing enterprise resource planning and management experiences |
| 1022 | and exchanging ideas. |
| 1023 | (b) Identify and recommend Facilitate the sharing of best |
| 1024 | practices that are characteristic of highly successful |
| 1025 | technology organizations, as well as exemplary information |
| 1026 | technology applications of state agencies, and assist the |
| 1027 | Florida Technology Council in the development of policies, |
| 1028 | standards, guidelines, and procedures for use by all state |
| 1029 | agencies. |
| 1030 | (c) Identify efficiency opportunities among state agencies |
| 1031 | to fulfill the guidelines in s. 282.3032 and make |
| 1032 | recommendations for action to the Florida Technology Council. |
| 1033 | (d) Serve as an educational forum for enterprise |
| 1034 | information technology resource planning and management issues. |
| 1035 | (e) Identify Assist the State Technology Office in |
| 1036 | identifying critical statewide issues and, when appropriate, |
| 1037 | make recommendations to the Florida Technology Council for |
| 1038 | solving information technology enterprise resource planning and |
| 1039 | management deficiencies. |
| 1040 | (2) Members of the council shall include the agency chief |
| 1041 | information officers, including the chief information officers |
| 1042 | of the agencies and governmental entities enumerated in s. |
| 1043 | 282.3031, except that there shall be one chief information |
| 1044 | officer selected by the state attorneys and one chief |
| 1045 | information officer selected by the public defenders. The |
| 1046 | chairs, or their designees, of the Florida Financial Management |
| 1047 | Information System Coordinating Council, the Criminal and |
| 1048 | Juvenile Justice Information Systems Council, and the Health |
| 1049 | Information Systems Council shall represent their respective |
| 1050 | organizations on the Agency Chief Information Officers Council |
| 1051 | as voting members. The council shall appoint a chair, a vice |
| 1052 | chair, and a secretary from its members to serve a 1-year term |
| 1053 | each. The council shall establish procedures to govern council |
| 1054 | business. |
| 1055 | (3) The Florida Technology Council State Technology Office |
| 1056 | shall provide administrative support to the council. |
| 1057 | Section 29. Section 282.318, Florida Statutes, is amended |
| 1058 | to read: |
| 1059 | 282.318 Security of data and information technology |
| 1060 | resources.-- |
| 1061 | (1) This section may be cited as the "Security of Data and |
| 1062 | Information Technology Infrastructure Resources Act." |
| 1063 | (2)(a) The State Technology Office, in consultation with |
| 1064 | Each agency head, is responsible and accountable for assuring an |
| 1065 | adequate level of security for all data and information |
| 1066 | technology infrastructure resources of each agency and, to carry |
| 1067 | out this responsibility, shall, at a minimum: |
| 1068 | 1. Designate an information security manager who shall |
| 1069 | administer the security program of each agency for its data and |
| 1070 | information technology resources. |
| 1071 | 2. Conduct, and periodically update, a comprehensive risk |
| 1072 | analysis to determine the security threats to the data and |
| 1073 | information technology infrastructure resources of each agency. |
| 1074 | The risk analysis information is confidential and exempt from |
| 1075 | the provisions of s. 119.07(1), except that such information |
| 1076 | shall be available to the Auditor General in performing his or |
| 1077 | her postauditing duties. |
| 1078 | 3. Develop, and periodically update, written internal |
| 1079 | policies and procedures to assure the security of the data and |
| 1080 | information technology infrastructure resources of each agency. |
| 1081 | The internal policies and procedures which, if disclosed, could |
| 1082 | facilitate the unauthorized modification, disclosure, or |
| 1083 | destruction of data or information technology infrastructure |
| 1084 | resources are confidential information and exempt from the |
| 1085 | provisions of s. 119.07(1), except that such information shall |
| 1086 | be available to the Auditor General in performing his or her |
| 1087 | postauditing duties. |
| 1088 | 4. Implement appropriate cost-effective safeguards to |
| 1089 | reduce, eliminate, or recover from the identified risks to the |
| 1090 | data and information technology infrastructure resources of each |
| 1091 | agency. |
| 1092 | 5. Ensure that periodic internal audits and evaluations of |
| 1093 | each security program for the data and information technology |
| 1094 | infrastructure resources of the agency are conducted. The |
| 1095 | results of such internal audits and evaluations are confidential |
| 1096 | information and exempt from the provisions of s. 119.07(1), |
| 1097 | except that such information shall be available to the Auditor |
| 1098 | General in performing his or her postauditing duties. |
| 1099 | 6. Include appropriate security requirements, as |
| 1100 | determined by the agency State Technology Office, in |
| 1101 | consultation with the Department of Law Enforcement each agency |
| 1102 | head, in the written specifications for the solicitation of |
| 1103 | information technology resources. |
| 1104 | (b) In those instances in which the department State |
| 1105 | Technology Office develops state contracts for use by state |
| 1106 | agencies, the department office shall include appropriate |
| 1107 | security requirements in the specifications for the solicitation |
| 1108 | for state contracts for procuring information technology |
| 1109 | infrastructure resources. |
| 1110 | Section 30. Section 282.322, Florida Statutes, is amended |
| 1111 | to read: |
| 1112 | 282.322 Special monitoring process for designated |
| 1113 | information resources management projects.-- |
| 1114 | (1) For each information resources management project |
| 1115 | which is designated for special monitoring in the General |
| 1116 | Appropriations Act, with a proviso requiring a contract with a |
| 1117 | project monitor, the Technology Review Workgroup established |
| 1118 | pursuant to s. 216.0446, in consultation with each affected |
| 1119 | agency, shall be responsible for contracting with the project |
| 1120 | monitor. Upon contract award, funds equal to the contract amount |
| 1121 | shall be transferred to the Technology Review Workgroup upon |
| 1122 | request and subsequent approval of a budget amendment pursuant |
| 1123 | to s. 216.292. With the concurrence of the Legislative Auditing |
| 1124 | Committee, the office of the Auditor General shall be the |
| 1125 | project monitor for other projects designated for special |
| 1126 | monitoring. However, nothing in this section precludes the |
| 1127 | Auditor General from conducting such monitoring on any project |
| 1128 | designated for special monitoring. In addition to monitoring and |
| 1129 | reporting on significant communications between a contracting |
| 1130 | agency and the appropriate federal authorities, the project |
| 1131 | monitoring process shall consist of evaluating each major stage |
| 1132 | of the designated project to determine whether the deliverables |
| 1133 | have been satisfied and to assess the level of risks associated |
| 1134 | with proceeding to the next stage of the project. The major |
| 1135 | stages of each designated project shall be determined based on |
| 1136 | the agency's information systems development methodology. Within |
| 1137 | 20 days after an agency has completed a major stage of its |
| 1138 | designated project or at least 90 days, the project monitor |
| 1139 | shall issue a written report, including the findings and |
| 1140 | recommendations for correcting deficiencies, to the agency head, |
| 1141 | for review and comment. Within 20 days after receipt of the |
| 1142 | project monitor's report, the agency head shall submit a written |
| 1143 | statement of explanation or rebuttal concerning the findings and |
| 1144 | recommendations of the project monitor, including any corrective |
| 1145 | action to be taken by the agency. The project monitor shall |
| 1146 | include the agency's statement in its final report, which shall |
| 1147 | be forwarded, within 7 days after receipt of the agency's |
| 1148 | statement, to the agency head, the inspector general's office of |
| 1149 | the agency, the Executive Office of the Governor, the |
| 1150 | appropriations committees of the Legislature, the Joint |
| 1151 | Legislative Auditing Committee, the Technology Review Workgroup, |
| 1152 | the President of the Senate, the Speaker of the House of |
| 1153 | Representatives, and the Office of Program Policy Analysis and |
| 1154 | Government Accountability. The Auditor General shall also |
| 1155 | receive a copy of the project monitor's report for those |
| 1156 | projects in which the Auditor General is not the project |
| 1157 | monitor. |
| 1158 | (2) The Enterprise Project Management Office of the State |
| 1159 | Technology Office shall report any information technology |
| 1160 | projects the office identifies as high-risk to the Executive |
| 1161 | Office of the Governor, the President of the Senate, the Speaker |
| 1162 | of the House of Representatives, and the chairs of the |
| 1163 | appropriations committees. Within the limits of current |
| 1164 | appropriations, the Enterprise Project Management Office shall |
| 1165 | monitor and report on such high-risk information technology |
| 1166 | projects, and assess the levels of risks associated with |
| 1167 | proceeding to the next stage of the project. |
| 1168 | Section 31. Paragraph (a) of subsection (3), subsections |
| 1169 | (4), (5), (7), (9), (10), and (12), and paragraph (a) of |
| 1170 | subsection (13) of section 365.171, Florida Statutes, are |
| 1171 | amended to read: |
| 1172 | 365.171 Emergency telephone number "911."-- |
| 1173 | (3) DEFINITIONS.--As used in this section: |
| 1174 | (a) "Department Office" means the Department of Management |
| 1175 | Services State Technology Office. |
| 1176 | (4) STATE PLAN.--The department office shall develop a |
| 1177 | statewide emergency telephone number "911" system plan. The plan |
| 1178 | shall provide for: |
| 1179 | (a) The establishment of the public agency emergency |
| 1180 | telephone communications requirements for each entity of local |
| 1181 | government in the state. |
| 1182 | (b) A system to meet specific local government |
| 1183 | requirements. Such system shall include law enforcement, |
| 1184 | firefighting, and emergency medical services and may include |
| 1185 | other emergency services such as poison control, suicide |
| 1186 | prevention, and emergency management services. |
| 1187 | (c) Identification of the mutual aid agreements necessary |
| 1188 | to obtain an effective "911" system. |
| 1189 | (d) A funding provision which shall identify the cost |
| 1190 | necessary to implement the "911" system. |
| 1191 | (e) A firm implementation schedule which shall include the |
| 1192 | installation of the "911" system in a local community within 24 |
| 1193 | months after the designated agency of the local government gives |
| 1194 | a firm order to the telephone utility for a "911" system. |
| 1195 |
|
| 1196 | The department office shall be responsible for the |
| 1197 | implementation and coordination of such plan. The department |
| 1198 | office shall adopt any necessary rules and schedules related to |
| 1199 | public agencies for implementing and coordinating such plan, |
| 1200 | pursuant to chapter 120. The public agency designated in the |
| 1201 | plan shall order such system within 6 months after publication |
| 1202 | date of the plan if the public agency is in receipt of funds |
| 1203 | appropriated by the Legislature for the implementation and |
| 1204 | maintenance of the "911" system. Any jurisdiction which has |
| 1205 | utilized local funding as of July 1, 1976, to begin the |
| 1206 | implementation of the state plan as set forth in this section |
| 1207 | shall be eligible for at least a partial reimbursement of its |
| 1208 | direct cost when, and if, state funds are available for such |
| 1209 | reimbursement. |
| 1210 | (5) SYSTEM DIRECTOR.--The secretary director of the |
| 1211 | department office or his or her designee is designated as the |
| 1212 | director of the statewide emergency telephone number "911" |
| 1213 | system and, for the purpose of carrying out the provisions of |
| 1214 | this section, is authorized to coordinate the activities of the |
| 1215 | system with state, county, local, and private agencies. The |
| 1216 | secretary director is authorized to employ not less than five |
| 1217 | persons, three of whom will be at the professional level, one at |
| 1218 | the secretarial level, and one to fill a fiscal position, for |
| 1219 | the purpose of carrying out the provisions of this section. The |
| 1220 | secretary director in implementing the system shall consult, |
| 1221 | cooperate, and coordinate with local law enforcement agencies. |
| 1222 | (7) TELEPHONE INDUSTRY COORDINATION.--The department |
| 1223 | office shall coordinate with the Florida Public Service |
| 1224 | Commission which shall encourage the Florida telephone industry |
| 1225 | to activate facility modification plans for a timely "911" |
| 1226 | implementation. |
| 1227 | (9) SYSTEM APPROVAL.--No emergency telephone number "911" |
| 1228 | system shall be established and no present system shall be |
| 1229 | expanded without prior approval of the department office. |
| 1230 | (10) COMPLIANCE.--All public agencies shall assist the |
| 1231 | department office in their efforts to carry out the intent of |
| 1232 | this section, and such agencies shall comply with the developed |
| 1233 | plan. |
| 1234 | (12) FEDERAL ASSISTANCE.--The secretary of the department |
| 1235 | office or his or her designee may apply for and accept federal |
| 1236 | funding assistance in the development and implementation of a |
| 1237 | statewide emergency telephone number "911" system. |
| 1238 | (13) "911" FEE.-- |
| 1239 | (a) Following approval by referendum as set forth in |
| 1240 | paragraph (b), or following approval by a majority vote of its |
| 1241 | board of county commissioners, a county may impose a "911" fee |
| 1242 | to be paid by the local exchange subscribers within its |
| 1243 | boundaries served by the "911" service. Proceeds from the "911" |
| 1244 | fee shall be used only for "911" expenditures as set forth in |
| 1245 | subparagraph 6. The manner of imposing and collecting said |
| 1246 | payment shall be as follows: |
| 1247 | 1. At the request of the county subscribing to "911" |
| 1248 | service, the telephone company shall, insofar as is practicable, |
| 1249 | bill the "911" fee to the local exchange subscribers served by |
| 1250 | the "911" service, on an individual access line basis, at a rate |
| 1251 | not to exceed 50 cents per month per line (up to a maximum of 25 |
| 1252 | access lines per account bill rendered). However, the fee may |
| 1253 | not be assessed on any pay telephone in this state. A county |
| 1254 | collecting the fee for the first time may collect the fee for no |
| 1255 | longer than 36 months without initiating the acquisition of its |
| 1256 | "911" equipment. |
| 1257 | 2. Fees collected by the telephone company pursuant to |
| 1258 | subparagraph 1. shall be returned to the county, less the costs |
| 1259 | of administration retained pursuant to paragraph (c). The county |
| 1260 | shall provide a minimum of 90 days' written notice to the |
| 1261 | telephone company prior to the collection of any "911" fees. |
| 1262 | 3. Any county that currently has an operational "911" |
| 1263 | system or that is actively pursuing the implementation of a |
| 1264 | "911" system shall establish a fund to be used exclusively for |
| 1265 | receipt and expenditure of "911" fee revenues collected pursuant |
| 1266 | to this section. All fees placed in said fund, and any interest |
| 1267 | accrued thereupon, shall be used solely for "911" costs |
| 1268 | described in subparagraph 6. The money collected and interest |
| 1269 | earned in this fund shall be appropriated for "911" purposes by |
| 1270 | the county commissioners and incorporated into the annual county |
| 1271 | budget. Such fund shall be included within the financial audit |
| 1272 | performed in accordance with s. 218.39. A report of the audit |
| 1273 | shall be forwarded to the department office within 60 days of |
| 1274 | its completion. A county may carry forward on an annual basis |
| 1275 | unspent moneys in the fund for expenditures allowed by this |
| 1276 | section, or it may reduce its fee. However, in no event shall a |
| 1277 | county carry forward more than 10 percent of the "911" fee |
| 1278 | billed for the prior year. The amount of moneys carried forward |
| 1279 | each year may be accumulated in order to allow for capital |
| 1280 | improvements described in this subsection. The carryover shall |
| 1281 | be documented by resolution of the board of county commissioners |
| 1282 | expressing the purpose of the carryover or by an adopted capital |
| 1283 | improvement program identifying projected expansion or |
| 1284 | replacement expenditures for "911" equipment and service |
| 1285 | features, or both. In no event shall the "911" fee carryover |
| 1286 | surplus moneys be used for any purpose other than for the "911" |
| 1287 | equipment, service features, and installation charges authorized |
| 1288 | in subparagraph 6. Nothing in this section shall prohibit a |
| 1289 | county from using other sources of revenue for improvements, |
| 1290 | replacements, or expansions of its "911" system. A county may |
| 1291 | increase its fee for purposes authorized in this section. |
| 1292 | However, in no case shall the fee exceed 50 cents per month per |
| 1293 | line. All current "911" fees shall be reported to the department |
| 1294 | office within 30 days of the start of each county's fiscal |
| 1295 | period. Any fee adjustment made by a county shall be reported to |
| 1296 | the department office. A county shall give the telephone company |
| 1297 | a 90-day written notice of such fee adjustment. |
| 1298 | 4. The telephone company shall have no obligation to take |
| 1299 | any legal action to enforce collection of the "911" fee. The |
| 1300 | telephone company shall provide quarterly to the county a list |
| 1301 | of the names, addresses, and telephone numbers of any and all |
| 1302 | subscribers who have identified to the telephone company their |
| 1303 | refusal to pay the "911" fee. |
| 1304 | 5. The county subscribing to "911" service shall remain |
| 1305 | liable to the telephone company for any "911" service, |
| 1306 | equipment, operation, or maintenance charge owed by the county |
| 1307 | to the telephone company. |
| 1308 |
|
| 1309 | As used in this paragraph, "telephone company" means an exchange |
| 1310 | telephone service provider of "911" service or equipment to any |
| 1311 | county within its certificated area. |
| 1312 | 6. It is the intent of the Legislature that the "911" fee |
| 1313 | authorized by this section to be imposed by counties will not |
| 1314 | necessarily provide the total funding required for establishing |
| 1315 | or providing the "911" service. For purposes of this section, |
| 1316 | "911" service includes the functions of database management, |
| 1317 | call taking, location verification, and call transfer. The |
| 1318 | following costs directly attributable to the establishment |
| 1319 | and/or provision of "911" service are eligible for expenditure |
| 1320 | of moneys derived from imposition of the "911" fee authorized by |
| 1321 | this section: the acquisition, implementation, and maintenance |
| 1322 | of Public Safety Answering Point (PSAP) equipment and "911" |
| 1323 | service features, as defined in the Florida Public Service |
| 1324 | Commission's lawfully approved "911" and related tariffs and/or |
| 1325 | the acquisition, installation, and maintenance of other "911" |
| 1326 | equipment, including call answering equipment, call transfer |
| 1327 | equipment, ANI controllers, ALI controllers, ANI displays, ALI |
| 1328 | displays, station instruments, "911" telecommunications systems, |
| 1329 | teleprinters, logging recorders, instant playback recorders, |
| 1330 | telephone devices for the deaf (TDD) used in the "911" system, |
| 1331 | PSAP backup power systems, consoles, automatic call |
| 1332 | distributors, and interfaces (hardware and software) for |
| 1333 | computer-aided dispatch (CAD) systems; salary and associated |
| 1334 | expenses for "911" call takers for that portion of their time |
| 1335 | spent taking and transferring "911" calls; salary and associated |
| 1336 | expenses for a county to employ a full-time equivalent "911" |
| 1337 | coordinator position and a full-time equivalent staff assistant |
| 1338 | position per county for the portion of their time spent |
| 1339 | administrating the "911" system; training costs for PSAP call |
| 1340 | takers in the proper methods and techniques used in taking and |
| 1341 | transferring "911" calls; expenses required to develop and |
| 1342 | maintain all information (ALI and ANI databases and other |
| 1343 | information source repositories) necessary to properly inform |
| 1344 | call takers as to location address, type of emergency, and other |
| 1345 | information directly relevant to the "911" call-taking and |
| 1346 | transferring function; and, in a county defined in s. |
| 1347 | 125.011(1), such expenses related to a nonemergency "311" |
| 1348 | system, or similar nonemergency system, which improves the |
| 1349 | overall efficiency of an existing "911" system or reduces "911" |
| 1350 | emergency response time for a 2-year pilot project that ends |
| 1351 | June 30, 2003. However, no wireless telephone service provider |
| 1352 | shall be required to participate in this pilot project or to |
| 1353 | otherwise implement a nonemergency "311" system or similar |
| 1354 | nonemergency system. The "911" fee revenues shall not be used to |
| 1355 | pay for any item not listed, including, but not limited to, any |
| 1356 | capital or operational costs for emergency responses which occur |
| 1357 | after the call transfer to the responding public safety entity |
| 1358 | and the costs for constructing buildings, leasing buildings, |
| 1359 | maintaining buildings, or renovating buildings, except for those |
| 1360 | building modifications necessary to maintain the security and |
| 1361 | environmental integrity of the PSAP and "911" equipment rooms. |
| 1362 | 7. It is the goal of the Legislature that enhanced "911" |
| 1363 | service be available throughout the state. Expenditure by |
| 1364 | counties of the "911" fees authorized by this section should |
| 1365 | support this goal to the greatest extent feasible within the |
| 1366 | context of local service needs and fiscal capability. Nothing in |
| 1367 | this section shall be construed to prohibit two or more counties |
| 1368 | from establishing a combined emergency "911" telephone service |
| 1369 | by interlocal agreement and utilizing the "911" fees authorized |
| 1370 | by this section for such combined "911" service. |
| 1371 |
|
| 1372 | As used in this paragraph, "telephone company" means an exchange |
| 1373 | telephone service provider of "911" service or equipment to any |
| 1374 | county within its certificated area. |
| 1375 | Section 32. Paragraph (d) of subsection (2), paragraph (f) |
| 1376 | of subsection (3), subsection (4), paragraph (a) of subsection |
| 1377 | (5), and paragraphs (c) and (d) of subsection (6) of section |
| 1378 | 365.172, Florida Statutes, are amended to read: |
| 1379 | 365.172 Wireless emergency telephone number "E911."-- |
| 1380 | (2) FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The |
| 1381 | Legislature finds and declares that: |
| 1382 | (d) The revenues generated by the E911 fee imposed under |
| 1383 | this section are required to fund the efforts of the counties, |
| 1384 | the Wireless 911 Board under the Department of Management |
| 1385 | Services State Technology Office, and commercial mobile radio |
| 1386 | service providers to improve the public health, safety, and |
| 1387 | welfare and serve a public purpose by providing emergency |
| 1388 | telephone assistance through wireless communications. |
| 1389 | (3) DEFINITIONS.--As used in this section and ss. 365.173 |
| 1390 | and 365.174, the term: |
| 1391 | (f) "Department Office" means the Department of Management |
| 1392 | Services State Technology Office. |
| 1393 | (4) POWERS AND DUTIES OF THE DEPARTMENT OFFICE.--The |
| 1394 | department office shall oversee the administration of the fee |
| 1395 | imposed on subscribers of statewide E911 service under |
| 1396 | subsection (8). |
| 1397 | (5) THE WIRELESS 911 BOARD.-- |
| 1398 | (a) The Wireless 911 Board is established to administer, |
| 1399 | with oversight by the department office, the fee imposed under |
| 1400 | subsection (8), including receiving revenues derived from the |
| 1401 | fee; distributing portions of such revenues to providers, |
| 1402 | counties, and the department office; accounting for receipts, |
| 1403 | distributions, and income derived by the funds maintained in the |
| 1404 | fund; and providing annual reports to the Governor and the |
| 1405 | Legislature for submission by the department office on amounts |
| 1406 | collected and expended, the purposes for which expenditures have |
| 1407 | been made, and the status of wireless E911 service in this |
| 1408 | state. In order to advise and assist the department office in |
| 1409 | carrying out the purposes of this section, the board, which |
| 1410 | shall have the power of a body corporate, shall have the powers |
| 1411 | enumerated in subsection (6). |
| 1412 | (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.-- |
| 1413 | (c) By February 28 of each year, the board shall prepare a |
| 1414 | report for submission by the department office to the Governor, |
| 1415 | the President of the Senate, and the Speaker of the House of |
| 1416 | Representatives which reflects, for the immediately preceding |
| 1417 | calendar year, the quarterly and annual receipts and |
| 1418 | disbursements of moneys in the fund, the purposes for which |
| 1419 | disbursements of moneys from the fund have been made, and the |
| 1420 | availability and status of implementation of E911 service in |
| 1421 | this state. |
| 1422 | (d) By February 28, 2001, the board shall undertake and |
| 1423 | complete a study for submission by the department office to the |
| 1424 | Governor, the President of the Senate, and the Speaker of the |
| 1425 | House of Representatives which addresses: |
| 1426 | 1. The total amount of E911 fee revenues collected by each |
| 1427 | provider, the total amount of expenses incurred by each provider |
| 1428 | to comply with the order, and the amount of moneys on deposit in |
| 1429 | the fund, all as of December 1, 2000. |
| 1430 | 2. Whether the amount of the E911 fee and the allocation |
| 1431 | percentages set forth in s. 365.173 should be adjusted to comply |
| 1432 | with the requirements of the order, and, if so, a recommended |
| 1433 | adjustment to the E911 fee. |
| 1434 | 3. Any other issues related to providing wireless E911 |
| 1435 | services. |
| 1436 | Section 33. Subsections (2), (5), (6), and (9) of section |
| 1437 | 445.049, Florida Statutes, are amended to read: |
| 1438 | 445.049 Digital Divide Council.-- |
| 1439 | (2) DIGITAL DIVIDE COUNCIL.--The Digital Divide Council is |
| 1440 | created in the Department of Management Services State |
| 1441 | Technology Office. The council shall consist of: |
| 1442 | (a) The Secretary of Management Services or his or her |
| 1443 | designee chief information officer in the State Technology |
| 1444 | Office. |
| 1445 | (b) The director of the Office of Tourism, Trade, and |
| 1446 | Economic Development in the Executive Office of the Governor. |
| 1447 | (c) The president of Workforce Florida, Inc. |
| 1448 | (d) The director of the Agency for Workforce Innovation. |
| 1449 | (e) The chair of itflorida.com, Inc. |
| 1450 | (f) The Commissioner of Education. |
| 1451 | (g) The chair of the Network Access Point of the Americas. |
| 1452 | (h) A representative of the information technology |
| 1453 | industry in this state appointed by the Speaker of the House of |
| 1454 | Representatives. |
| 1455 | (i) A representative of the information technology |
| 1456 | industry in this state appointed by the President of the Senate. |
| 1457 | (j) Two members of the House of Representatives, who shall |
| 1458 | be ex officio, nonvoting members of the council, appointed by |
| 1459 | the Speaker of the House of Representatives, one of whom shall |
| 1460 | be a member of the Republican Caucus and the other of whom shall |
| 1461 | be a member of the Democratic Caucus. |
| 1462 | (k) Two members of the Senate, who shall be ex officio, |
| 1463 | nonvoting members of the council, appointed by the President of |
| 1464 | the Senate, one of whom shall be a member of the Republican |
| 1465 | Caucus and the other of whom shall be a member of the Democratic |
| 1466 | Caucus. |
| 1467 | (5) ADMINISTRATIVE AND TECHNICAL SUPPORT; PAYMENT OF |
| 1468 | SUPPORT COSTS.--The Department of Management Services State |
| 1469 | Technology Office shall provide such administrative and |
| 1470 | technical support to the council as is reasonably necessary for |
| 1471 | the council to effectively and timely carry out its duties and |
| 1472 | responsibilities. All direct and indirect costs of providing |
| 1473 | such support and performing the other duties assigned to the |
| 1474 | Department of Management Services State Technology Office |
| 1475 | related to design and implementation of the programs authorized |
| 1476 | by this section may be paid from appropriations authorized to be |
| 1477 | used for such purposes. |
| 1478 | (6) POWERS AND DUTIES OF COUNCIL.--The council, through |
| 1479 | the Department of Management Services State Technology Office, |
| 1480 | is authorized and empowered to facilitate the design and |
| 1481 | implementation of programs that are aimed at achieving the |
| 1482 | objectives and goals stated in this section. The Department of |
| 1483 | Management Services State Technology Office shall present and |
| 1484 | demonstrate to the council the design characteristics and |
| 1485 | functional elements of each program proposed to be implemented |
| 1486 | to achieve the objectives and goals stated in this section and |
| 1487 | each such program shall be reviewed and approved by the council |
| 1488 | before being implemented. Such programs shall initially be |
| 1489 | implemented as pilot programs in a minimum of six different |
| 1490 | areas of the state to develop model programs that are likely to |
| 1491 | be successful if implemented throughout the state. The areas of |
| 1492 | the state where the pilot programs are implemented shall be |
| 1493 | selected by the council with the objectives of testing the |
| 1494 | merits of the programs in each geographic region of the state |
| 1495 | and providing equal exposure of the programs to urban and rural |
| 1496 | communities alike. Implementation of all such pilot and model |
| 1497 | programs shall be administered by and through the local |
| 1498 | workforce development boards and each such board shall |
| 1499 | coordinate and confirm the ready availability and timely |
| 1500 | delivery of all elements of such programs to ensure the highest |
| 1501 | probability of such programs achieving their intended results. |
| 1502 | (9) ANNUAL REPORT.--By March 1 each year, 2002, the |
| 1503 | council, through the Department of Management Services State |
| 1504 | Technology Office, shall report to the Executive Office of the |
| 1505 | Governor, the Speaker of the House of Representatives, and the |
| 1506 | President of the Senate the results of the council's monitoring, |
| 1507 | reviewing, and evaluating such programs since their inception |
| 1508 | and the council's recommendations as to whether such programs |
| 1509 | should be continued and expanded to achieve the objectives and |
| 1510 | goals stated in this section. |
| 1511 | Section 34. This act shall take effect July 1, 2005. |
| 1512 |
|
| 1513 | ================= T I T L E A M E N D M E N T ================= |
| 1514 | Remove the entire title and insert: |
| 1515 | A bill to be entitled |
| 1516 | An act relating to information technology management; |
| 1517 | creating s. 282.0051, F.S.; providing legislative findings |
| 1518 | and intent; providing definitions; providing each agency |
| 1519 | use an information technology investment management |
| 1520 | process to support investment decisions; requiring each |
| 1521 | agency to submit its information technology portfolio as |
| 1522 | part of its legislative budget request; requiring that |
| 1523 | agencies implement and administer a project management |
| 1524 | methodology; providing requirements for project |
| 1525 | administration; amending s. 20.22, F.S.; establishing the |
| 1526 | Technology Program in the Department of Management |
| 1527 | Services; creating the Florida Technology Council; |
| 1528 | removing duty of the State Technology Office to operate |
| 1529 | and manage the Technology Resource Center; repealing s. |
| 1530 | 186.022, F.S., relating to Information technology |
| 1531 | strategic plans; amending s. 216.0446, F.S.; revising |
| 1532 | duties of the legislative Technology Review Workgroup to |
| 1533 | remove participation of the State Technology Office; |
| 1534 | conforming reference to a report; repealing s. |
| 1535 | 216.292(1)(c), F.S., relating to provisions authorizing |
| 1536 | transfer of positions and appropriations in fiscal year |
| 1537 | 2001-2002 for the purpose of consolidating information |
| 1538 | technology resources; amending s. 282.0041, F.S.; revising |
| 1539 | definitions for purposes of information resources |
| 1540 | management; defining the terms "department" and "Florida |
| 1541 | Technology Council"; deleting the Agency Annual Enterprise |
| 1542 | Resource Planning and Management Report; deleting the |
| 1543 | State Annual Report on Enterprise Resource Planning and |
| 1544 | Management; providing for appointment of an agency chief |
| 1545 | information officer by the agency head; repealing s. |
| 1546 | 282.005, F.S., relating to Legislative findings and |
| 1547 | intent; creating s. 282.0055, F.S.; limiting actions by |
| 1548 | the Florida Technology Council and the department which |
| 1549 | affect a Cabinet officer; amending s. 282.102, F.S.; |
| 1550 | removing provisions for the creation, powers, and duties |
| 1551 | of the State Technology Office; removing provisions for a |
| 1552 | Chief Information Officer and a State Chief Privacy |
| 1553 | Officer; removing provisions relating to information |
| 1554 | technology and enterprise resource management; providing |
| 1555 | powers, duties, and functions of the Department of |
| 1556 | Management Services for operating the statewide |
| 1557 | communications system; transferring powers and duties |
| 1558 | relating to communications systems from the State |
| 1559 | Technology Office to the Department of Management |
| 1560 | Services; authorizing the department to adopt rules; |
| 1561 | authorizing the department to set a fee for placement of |
| 1562 | certain telecommunications facilities on state property; |
| 1563 | creating s. 282.1065, F.S.; authorizing the department to |
| 1564 | provide SUNCOM services to hospitals or other facilities |
| 1565 | licensed under ch. 395, F.S.; amending ss. 282.103, |
| 1566 | 282.104, 282.105, 282.106, 282.107, 282.1095, and 282.111, |
| 1567 | F.S., relating to the SUNCOM Network, the state agency law |
| 1568 | enforcement radio system and interoperability network, and |
| 1569 | the statewide system of regional law enforcement |
| 1570 | communications to conform references to changes made by |
| 1571 | the act; amending s. 282.20, F.S.; providing for operation |
| 1572 | and management of the Technology Resource Center by the |
| 1573 | Department of Management Services; amending s. 282.21, |
| 1574 | F.S.; authorizing the department to collect fees for |
| 1575 | providing remote electronic access; removing provisions |
| 1576 | for collection of such fees by the State Technology |
| 1577 | Office; amending s. 282.22, F.S.; providing for |
| 1578 | dissemination of materials, products, information, and |
| 1579 | services acquired or developed by or under the direction |
| 1580 | of the department; removing reference to the State |
| 1581 | Technology Office with respect to such materials, |
| 1582 | products, information, and services; repealing s. 282.23, |
| 1583 | F.S., relating to establishment of a State Strategic |
| 1584 | Information Technology Alliance for the acquisition and |
| 1585 | use of information technology and related material; |
| 1586 | creating s. 282.3025, F.S.; providing for creation, |
| 1587 | powers, and duties of the Florida Technology Council |
| 1588 | within the Department of Management Services; providing |
| 1589 | for a State Chief Information Officer appointed by the |
| 1590 | Governor; providing for development of a Statewide |
| 1591 | Information Technology Strategic Plan, enterprise |
| 1592 | information technology policies, standards, guidelines, |
| 1593 | and procedures, a model agency information technology |
| 1594 | investment management process and an information |
| 1595 | technology investment portfolio, and memoranda on |
| 1596 | recommended guidelines and best practices for information |
| 1597 | technology; providing for review and recommendations to |
| 1598 | the Governor and the Legislature regarding agency |
| 1599 | information technology projects and plans; providing for |
| 1600 | preparation of state reports and memoranda; providing |
| 1601 | rulemaking authority; amending s. 282.3031, F.S.; deleting |
| 1602 | assignment of certain information technology functions to |
| 1603 | the State Technology Office; conforming terminology; |
| 1604 | repealing s. 282.3032, F.S., relating to guiding |
| 1605 | principles for development and implementation of |
| 1606 | information systems; amending s. 282.3055, F.S.; providing |
| 1607 | for appointment of the agency chief information officer by |
| 1608 | the agency head; providing for staffing and supporting of |
| 1609 | an agency information technology investment board; |
| 1610 | conforming terminology; repealing s. 282.3063, F.S., |
| 1611 | relating to the Agency Annual Enterprise Resource Planning |
| 1612 | and Management Report; repealing s. 282.310, F.S., |
| 1613 | relating to the State Annual Report on Enterprise Resource |
| 1614 | Planning and Management; amending s. 282.315, F.S.; |
| 1615 | revising duties of the Agency Chief Information Officers |
| 1616 | Council; providing for the council to assist the Florida |
| 1617 | Technology Council for certain purposes, identify |
| 1618 | opportunities to meet specified information technology |
| 1619 | guidelines, and make certain recommendations to the |
| 1620 | Florida Technology Council; providing for the appointment |
| 1621 | and terms of officers; amending s. 282.318, F.S.; changing |
| 1622 | the popular name; removing responsibility of the State |
| 1623 | Technology Office; providing that each agency head is |
| 1624 | responsible and accountable for ensuring an adequate level |
| 1625 | of security for data and information; providing for |
| 1626 | certain security requirements to be determined by the |
| 1627 | department; conforming terminology; amending s. 282.322, |
| 1628 | F.S., removing a procedure to monitor certain information |
| 1629 | resources management projects; amending ss. 365.171 and |
| 1630 | 365.172, F.S., relating to statewide emergency telephone |
| 1631 | number systems; designating duties of the State Technology |
| 1632 | Office as duties of the Department of Management Services; |
| 1633 | conforming requirements with respect thereto; amending s. |
| 1634 | 445.049, F.S., relating to the Digital Divide Council; |
| 1635 | designating duties of the State Technology Office as |
| 1636 | duties of the Department of Management Services; providing |
| 1637 | an effective date. |