Senate Bill sb1494er
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  1                                 
  2         An act relating to information technology
  3         management; creating s. 282.0051, F.S.;
  4         providing legislative findings and intent;
  5         providing definitions; providing each agency
  6         use an information technology investment
  7         management process to support investment
  8         decisions; requiring each agency to submit its
  9         information technology portfolio as part of its
10         legislative budget request; requiring that
11         agencies implement and administer a project
12         management methodology; providing requirements
13         for project administration; amending s. 20.22,
14         F.S.; establishing the Technology Program in
15         the Department of Management Services; creating
16         the Florida Technology Council; removing duty
17         of the State Technology Office to operate and
18         manage the Technology Resource Center;
19         repealing s. 186.022, F.S., relating to
20         Information technology strategic plans;
21         amending s. 216.0446, F.S.; revising duties of
22         the legislative Technology Review Workgroup to
23         remove participation of the State Technology
24         Office; conforming reference to a report;
25         repealing s. 216.292(1)(c), F.S., relating to
26         provisions authorizing transfer of positions
27         and appropriations in fiscal year 2001-2002 for
28         the purpose of consolidating information
29         technology resources; amending s. 282.0041,
30         F.S.; revising definitions for purposes of
31         information resources management; defining the
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 1         terms "department" and "Florida Technology
 2         Council"; deleting the Agency Annual Enterprise
 3         Resource Planning and Management Report;
 4         deleting the State Annual Report on Enterprise
 5         Resource Planning and Management; providing for
 6         appointment of an agency chief information
 7         officer by the agency head; repealing s.
 8         282.005, F.S., relating to Legislative findings
 9         and intent; creating s. 282.0055, F.S.;
10         limiting actions by the Florida Technology
11         Council and the department which affect a
12         Cabinet officer; amending s. 282.102, F.S.;
13         removing provisions for the creation, powers,
14         and duties of the State Technology Office;
15         removing provisions for a Chief Information
16         Officer and a State Chief Privacy Officer;
17         removing provisions relating to information
18         technology and enterprise resource management;
19         providing powers, duties, and functions of the
20         Department of Management Services for operating
21         the statewide communications system;
22         transferring powers and duties relating to
23         communications systems from the State
24         Technology Office to the Department of
25         Management Services; authorizing the department
26         to adopt rules; authorizing the department to
27         set a fee for placement of certain
28         telecommunications facilities on state
29         property; creating s. 282.1065, F.S.;
30         authorizing the department to provide SUNCOM
31         services to hospitals or other facilities
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 1         licensed under ch. 395, F.S.; amending ss.
 2         282.103, 282.104, 282.105, 282.106, 282.107,
 3         282.1095, and 282.111, F.S., relating to the
 4         SUNCOM Network, the state agency law
 5         enforcement radio system and interoperability
 6         network, and the statewide system of regional
 7         law enforcement communications to conform
 8         references to changes made by the act; amending
 9         s. 282.20, F.S.; providing for operation and
10         management of the Technology Resource Center by
11         the Department of Management Services; amending
12         s. 282.21, F.S.; authorizing the department to
13         collect fees for providing remote electronic
14         access; removing provisions for collection of
15         such fees by the State Technology Office;
16         amending s. 282.22, F.S.; providing for
17         dissemination of materials, products,
18         information, and services acquired or developed
19         by or under the direction of the department;
20         removing reference to the State Technology
21         Office with respect to such materials,
22         products, information, and services; repealing
23         s. 282.23, F.S., relating to establishment of a
24         State Strategic Information Technology Alliance
25         for the acquisition and use of information
26         technology and related material; creating s.
27         282.3025, F.S.; providing for creation, powers,
28         and duties of the Florida Technology Council
29         within the Department of Management Services;
30         providing for a State Chief Information Officer
31         appointed by the Governor; providing for
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 1         development of a Statewide Information
 2         Technology Strategic Plan, enterprise
 3         information technology policies, standards,
 4         guidelines, and procedures, a model agency
 5         information technology investment management
 6         process and an information technology
 7         investment portfolio, and memoranda on
 8         recommended guidelines and best practices for
 9         information technology; providing for review
10         and recommendations to the Governor and the
11         Legislature regarding agency information
12         technology projects and plans; providing for
13         preparation of state reports and memoranda;
14         providing rulemaking authority; amending s.
15         282.3031, F.S.; deleting assignment of certain
16         information technology functions to the State
17         Technology Office; conforming terminology;
18         repealing s. 282.3032, F.S., relating to
19         guiding principles for development and
20         implementation of information systems; amending
21         s. 282.3055, F.S.; providing for appointment of
22         the agency chief information officer by the
23         agency head; providing for staffing and
24         supporting of an agency information technology
25         investment board; conforming terminology;
26         repealing s. 282.3063, F.S., relating to the
27         Agency Annual Enterprise Resource Planning and
28         Management Report; repealing s. 282.310, F.S.,
29         relating to the State Annual Report on
30         Enterprise Resource Planning and Management;
31         amending s. 282.315, F.S.; revising duties of
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 1         the Agency Chief Information Officers Council;
 2         providing for the council to assist the Florida
 3         Technology Council for certain purposes,
 4         identify opportunities to meet specified
 5         information technology guidelines, and make
 6         certain recommendations to the Florida
 7         Technology Council; providing for the
 8         appointment and terms of officers; amending s.
 9         282.318, F.S.; changing the popular name;
10         removing responsibility of the State Technology
11         Office; providing that each agency head is
12         responsible and accountable for ensuring an
13         adequate level of security for data and
14         information; providing for certain security
15         requirements to be determined by the
16         department; conforming terminology; amending s.
17         282.322, F.S., removing a procedure to monitor
18         certain information resources management
19         projects; amending ss. 365.171 and 365.172,
20         F.S., relating to statewide emergency telephone
21         number systems; designating duties of the State
22         Technology Office as duties of the Department
23         of Management Services; conforming requirements
24         with respect thereto; amending s. 445.049,
25         F.S., relating to the Digital Divide Council;
26         designating duties of the State Technology
27         Office as duties of the Department of
28         Management Services; providing an appropriation
29         and authorizing positions; requiring certain
30         notice with respect to budget actions;
31         providing an effective date.
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 1  Be It Enacted by the Legislature of the State of Florida:
 2  
 3         Section 1.  Section 282.0051, Florida Statutes, is
 4  created to read:
 5         282.0051  Information technology management.--
 6         (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
 7  finds that the state needs an information technology
 8  architecture to support the business needs of individual
 9  agencies while optimizing the state's collective use of
10  information technology through integration, coordination,
11  consolidation, and sharing. It is the intent of the
12  Legislature that:
13         (a)  The state shall make governmental information and
14  services more accessible to citizens by developing a statewide
15  internet portal presence, a state e-mail system, and state
16  security protocols.
17         (b)  Each state agency shall develop and implement
18  information technology in the best interest of the state by
19  whatever means are cost effective and efficient, are nonvendor
20  specific systems, and maximize use of shared data and
21  resources.
22         (c)  Agency information technology investments must be
23  governed responsibly, consistent with fiscal and substantive
24  policies established by the Legislature, and aligned with
25  business needs.
26         (2)  DEFINITIONS.--As used in this section, the term:
27         (a)  "Agency information technology investment
28  management" means an analytical decisionmaking process that is
29  used to systematically prioritize, select, and manage
30  information technology investments for the agency.
31  
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 1         (b)  "Information technology investment" means the cost
 2  associated with agency resources, hardware, software, or
 3  contracted services that are required to provide information
 4  technology services and to initiate approved information
 5  technology projects.
 6         (c)  "Information technology portfolio" means the
 7  aggregate list of information technology investments aligned
 8  with agency business needs.
 9         (d)  "Information technology services" means the
10  strategic and nonstrategic information technology services
11  used to enable agency business processes and as further
12  defined in the legislative budget instructions developed
13  pursuant to s. 216.023.
14         (e)  "Information technology services catalog" means a
15  report defining and describing each information technology
16  service.
17         (f)  "Project management" means a set of disciplines
18  required for planning, organizing, managing, implementing, and
19  controlling organizational and fiscal resources in order to
20  complete information technology projects.
21         (g)  "Service level agreement" means a written
22  agreement between a service provider and the agency which
23  describes each service to be provided and documents the
24  required service objectives and service levels for a service.
25  Service providers include external providers, internal
26  providers, and other agency providers.
27         (3)  AGENCY INFORMATION TECHNOLOGY INVESTMENT
28  MANAGEMENT PROCESS.--The agency information technology
29  investment management process shall be used as the primary
30  tool to support the information technology investment
31  decisions of each agency. The agency shall adopt the model
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 1  portfolio management process developed pursuant to s.
 2  282.3025(2)(d) and may adjust the model to meet
 3  agency-specific organizational needs subject to the approval
 4  of the Agency Chief Information Officers Council.
 5         (a)  The investment management process shall:
 6         1.  Be administered by the agency head and include
 7  executive managers from across the agency's program areas.
 8         2.  Define initiatives using a comprehensive, uniform
 9  format.
10         3.  Evaluate initiatives using an objective framework.
11         4.  Prioritize initiatives and match initiatives to
12  resources.
13         5.  Manage the portfolio and the process proactively.
14         (b)  Agency-approved initiatives which become
15  information technology projects are subject to the
16  requirements of subsection (4). New initiatives requiring
17  funding shall be submitted in the agency's legislative budget
18  request pursuant to s. 216.023.
19         (c)  The agency shall prepare an information technology
20  portfolio in a format prescribed in the legislative budget
21  instructions pursuant to s. 216.023. The portfolio shall
22  include, but need not be limited to:
23         1.  A summary statement of the agency's mission, goals,
24  and objectives for information technology which are supported
25  through the agency's information technology portfolio.
26         2.  Identification of projects and resources required
27  to meet the objectives of the portfolio.
28         3.  The agency information technology services catalog
29  with services linked to business processes or business needs.
30         4.  Implementation schedules estimating the time and
31  funding required to implement information technology projects.
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 1         5.  Funding needed to implement information technology
 2  services identified in the information technology services
 3  catalog.
 4         (d)  The agency shall submit its information technology
 5  portfolio as part of its legislative budget request in the
 6  manner and form prescribed in the legislative budget request
 7  instructions as provided in s. 216.023.
 8         (4)  INFORMATION TECHNOLOGY PROJECT MANAGEMENT.--
 9         (a)  Each agency shall implement the project management
10  methodology developed pursuant to s. 282.3025(2)(c). The
11  agency may make adjustment based on their specific
12  organizational needs and subject to the approval of the Agency
13  Chief Information Officers Council.
14         (b)  Information technology projects shall be
15  administered according to the following requirements:
16         1.  Projects that refresh desktop units or
17  infrastructure equipment with new technology that is similar
18  to the technology currently in use are exempt from the project
19  planning and reporting requirements in this section unless
20  otherwise specified in the General Appropriations Act.
21         2.  For projects with a total cost ranging from
22  $500,000 to $1,999,999, the agency must appoint a project
23  manager to ensure that needed project planning and management
24  requirements are fulfilled.
25         3.  For projects with a total cost ranging from
26  $500,000 to $2 million which involve routine hardware or
27  software upgrades for a single agency, the agency must appoint
28  a project manager to timely deploy and implement the upgrade.
29  Should the project be considered high-risk, the project
30  manager shall ensure that needed project planning and
31  management requirements are fulfilled.
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 1         4.  For projects with a total cost ranging from $2
 2  million to $10 million, the agency must appoint a project
 3  manager to ensure that needed project planning and management
 4  requirements are fulfilled. For projects in this range which
 5  are determined to impact the general public or which affect an
 6  agency's organizational structure, business processes, or
 7  service delivery model, the agency must appoint a dedicated
 8  project manager and project management team to ensure that all
 9  project planning and management requirements are fulfilled.
10         5.  For any project with a total cost greater than $10
11  million, the agency must appoint a dedicated project manager
12  and project management team to ensure that all project
13  planning and management requirements are fulfilled.
14         Section 2.  Section 20.22, Florida Statutes, is amended
15  to read:
16         20.22  Department of Management Services.--There is
17  created a Department of Management Services.
18         (1)  The head of the Department of Management Services
19  is the Secretary of Management Services, who shall be
20  appointed by the Governor, subject to confirmation by the
21  Senate, and shall serve at the pleasure of the Governor.
22         (2)  The following divisions and programs within the
23  Department of Management Services are established:
24         (a)  Facilities Program.
25         (b)  State Technology Program Office.
26         (c)  Workforce Program.
27         (d)1.  Support Program.
28         2.  Federal Property Assistance Program.
29         (e)  Administration Program.
30         (f)  Division of Administrative Hearings.
31         (g)  Division of Retirement.
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 1         (h)  Division of State Group Insurance.
 2         (i)  Florida Technology Council.
 3         (3)  The State Technology Office shall operate and
 4  manage the Technology Resource Center.
 5         (3)(4)  The duties of the Chief Labor Negotiator shall
 6  be determined by the Secretary of Management Services, and
 7  must include, but need not be limited to, the representation
 8  of the Governor as the public employer in collective
 9  bargaining negotiations pursuant to the provisions of chapter
10  447.
11         Section 3.  Section 186.022, Florida Statutes, is
12  repealed.
13         Section 4.  Section 216.0446, Florida Statutes, is
14  amended to read:
15         216.0446  Review of information resources management
16  needs.--
17         (1)  There is created within the Legislature the
18  Technology Review Workgroup. The workgroup and the State
19  Technology Office shall independently review and make
20  recommendations with respect to the portion of agencies'
21  long-range program plans which pertains to information
22  technology resources management needs and with respect to
23  agencies' legislative budget requests for information
24  technology and related resources. The Technology Review
25  Workgroup shall report such recommendations, together with the
26  findings and conclusions on which such recommendations are
27  based, to the Legislative Budget Commission. The State
28  Technology Office shall report such recommendations, together
29  with the findings and conclusions on which such
30  recommendations are based, to the Executive Office of the
31  
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 1  Governor and to the chairs of the legislative appropriations
 2  committees.
 3         (2)  In addition to its primary duty specified in
 4  subsection (1), the Technology Review Workgroup shall have
 5  powers and duties that include, but are not limited to, the
 6  following:
 7         (a)  To evaluate the information resource management
 8  needs identified in the agency long-range program plans for
 9  consistency with the Statewide Information Technology
10  Strategic Plan State Annual Report on Enterprise Resource
11  Planning and Management and statewide policies recommended by
12  the State Technology Office, and make recommendations to the
13  Legislative Budget Commission.
14         (b)  To review and make recommendations to the
15  Legislative Budget Commission on proposed budget amendments
16  and agency transfers associated with information technology
17  initiatives or projects that involve more than one agency,
18  that have an outcome that impacts another agency, that exceed
19  $500,000 in total cost over a 1-year period, or that are
20  requested by the Legislative Budget Commission to be reviewed.
21         Section 5.  Pursuant to section 216.351, Florida
22  Statutes, paragraph (c) of subsection (1) of section 216.292,
23  Florida Statutes, is repealed.
24         Section 6.  Section 282.0041, Florida Statutes, is
25  amended to read:
26         282.0041  Definitions.--For the purposes of this part,
27  the term:
28         (1)  "Agency" means those entities described in s.
29  216.011(1)(qq).
30  
31  
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 1         (2)  "Agency Annual Enterprise Resource Planning and
 2  Management Report" means the report prepared by each agency
 3  chief information officer as required by s. 282.3063.
 4         (2)(3)  "Agency chief information officer" means the
 5  person appointed by the agency head State Technology Office to
 6  coordinate and manage the information technology policies and
 7  activities applicable to that agency.
 8         (3)(4)  "Agency Chief Information Officers Council"
 9  means the council created in s. 282.315 to facilitate the
10  sharing and coordination of information technology issues and
11  initiatives among the agencies.
12         (4)  "Department" means the Department of Management
13  Services.
14         (5)  "Florida Technology Council" or "council" means
15  the organization created in s. 282.3025.
16         (6)(7)  "Information technology" means equipment,
17  hardware, software, firmware, programs, systems, networks,
18  infrastructure, media, and related material used to
19  automatically, electronically, and wirelessly collect,
20  receive, access, transmit, display, store, record, retrieve,
21  analyze, evaluate, process, classify, manipulate, manage,
22  assimilate, control, communicate, exchange, convert, converge,
23  interface, switch, or disseminate information of any kind or
24  form.
25         (7)(5)  "Information technology Enterprise resources
26  management infrastructure" means the hardware, software,
27  networks, data, human resources, policies, standards,
28  facilities, maintenance, and related materials and services
29  that are required to support the business processes of an
30  agency or state enterprise.
31  
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 1         (8)(6)  "Information technology Enterprise resource
 2  planning and management" means the planning, budgeting,
 3  acquiring, developing, organizing, directing, training,
 4  control, and related services associated with government
 5  information technology. The term encompasses information and
 6  related resources, as well as the controls associated with
 7  their acquisition, development, dissemination, and use.
 8         (9)(8)  "Project" means an undertaking directed at the
 9  implementation accomplishment of information technology to
10  achieve a strategic objective relating to enterprise resources
11  management or a specific appropriated program.
12         (9)  "State Annual Report on Enterprise Resource
13  Planning and Management" means the report prepared by the
14  State Technology Office as defined in s. 282.102.
15         (10)  "Standards" means the generally accepted
16  definitions for information technology which promotes the use
17  of current and, open, nonproprietary, or non-vendor-specific
18  technologies.
19         (11)  "State Technology Office" or "office" means the
20  office created in s. 282.102.
21         (12)  "Total cost" means all costs associated with
22  information technology projects or initiatives, including, but
23  not limited to, value of hardware, software, service,
24  maintenance, incremental personnel, and facilities. Total cost
25  of a loan or gift of information technology resources to an
26  agency includes the fair market value of the resources, except
27  that the total cost of loans or gifts of information
28  technology to state universities to be used in instruction or
29  research does not include fair market value.
30         Section 7.  Section 282.005, Florida Statutes, is
31  repealed.
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 1         Section 8.  Section 282.0055, Florida Statutes, is
 2  created to read:
 3         282.0055  Limitation with respect to cabinet
 4  personnel.--The Florida Technology Council and the department
 5  may not take action affecting the supervision, control,
 6  management, or coordination of information technology and
 7  information technology personnel that any cabinet officer
 8  listed in s. 4, Art. IV of the State Constitution deems
 9  necessary for the exercise of his or her statutory or
10  constitutional duties.
11         Section 9.  Section 282.102, Florida Statutes, is
12  amended to read:
13         282.102  Creation of the State Technology Office;
14  Powers and duties of the department.--There is created a State
15  Technology Office within The powers and duties of the
16  department include Department of Management Services. The
17  office shall be a separate budget entity, and shall be headed
18  by a Chief Information Officer who is appointed by the
19  Governor and is in the Senior Management Service. The Chief
20  Information Officer shall be an agency head for all purposes.
21  The Department of Management Services shall provide
22  administrative support and service to the office to the extent
23  requested by the Chief Information Officer. The office may
24  adopt policies and procedures regarding personnel,
25  procurement, and transactions for State Technology Office
26  personnel. The office shall have the following powers, duties,
27  and functions:
28         (1)  To publish electronically the portfolio of
29  services available from the department office, including
30  pricing information; the policies and procedures of the
31  department office governing usage of available services; and a
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 1  forecast of the priorities and initiatives for the state
 2  communications system for the ensuing 2 years.
 3         (2)  To adopt rules implementing policies and
 4  procedures providing best practices to be followed by agencies
 5  in acquiring, using, upgrading, modifying, replacing, or
 6  disposing of information technology.
 7         (3)  To perform, in consultation with an agency, the
 8  enterprise resource planning and management for the agency.
 9         (2)(4)  To advise and render aid to state agencies and
10  political subdivisions of the state as to systems or methods
11  to be used for organizing and meeting communications
12  information technology requirements efficiently and
13  effectively.
14         (5)  To integrate the information technology systems
15  and services of state agencies.
16         (3)(6)  To adopt technical standards for the state
17  communications information technology system which will assure
18  the interconnection of computer networks and information
19  systems of agencies.
20         (4)(7)  To assume management responsibility for any
21  consolidated communications system integrated information
22  technology system or service when determined jointly by the
23  department and the agency office to be economically efficient
24  or performance-effective.
25         (5)(8)  To enter into agreements related to information
26  technology with state agencies and political subdivisions of
27  the state for services provided herein.
28         (6)(9)  To use and acquire, with agency concurrence,
29  communications facilities information technology now owned or
30  operated by any agency.
31  
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 1         (7)(10)  To purchase from or contract with information
 2  technology providers for communications facilities and
 3  services information technology, including private line
 4  services.
 5         (8)(11)  To apply for, receive, and hold, and to assist
 6  agencies in applying for, receiving, or holding, such
 7  authorizations, patents, copyrights, trademarks, service
 8  marks, licenses, and allocations or channels and frequencies
 9  to carry out the purposes of this part.
10         (9)(12)  To purchase, lease, or otherwise acquire and
11  to hold, sell, transfer, license, or otherwise dispose of
12  real, personal, and intellectual property, including, but not
13  limited to, patents, trademarks, copyrights, and service
14  marks.
15         (10)(13)  To cooperate with any federal, state, or
16  local emergency management agency in providing for emergency
17  communications services.
18         (11)(14)  To delegate, as necessary, to state agencies
19  the authority to purchase, lease, or otherwise acquire and to
20  use communications equipment, facilities, and services
21  information technology or, as necessary, to control and
22  approve the purchase, lease, or acquisition and the use of all
23  communications equipment, services, and facilities information
24  technology, including, but not limited to, communications
25  services provided as part of any other total system to be used
26  by the state or any of its agencies.
27         (12)(15)  To acquire ownership, possession, custody,
28  and control of existing communications equipment and
29  facilities, including all right, title, interest, and equity
30  therein, as necessary, to carry out the purposes of this part.
31  However, the provisions of this subsection shall in no way
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 1  affect the rights, title, interest, or equity in any such
 2  equipment or facilities owned by, or leased to, the state or
 3  any state agency by any telecommunications company.
 4         (13)(16)  To adopt rules pursuant to ss. 120.536(1) and
 5  120.54 relating to information technology and to administer
 6  the provisions of this part.
 7         (14)(17)  To provide a means whereby political
 8  subdivisions of the state may use state information technology
 9  systems upon such terms and under such conditions as the
10  department office may establish.
11         (15)(18)  To apply for and accept federal funds for any
12  of the purposes of this part as well as gifts and donations
13  from individuals, foundations, and private organizations.
14         (16)(19)  To monitor issues relating to communications
15  facilities and services before the Florida Public Service
16  Commission and, when necessary, prepare position papers,
17  prepare testimony, appear as a witness, and retain witnesses
18  on behalf of state agencies in proceedings before the
19  commission.
20         (17)(20)  Unless delegated to the agencies by the Chief
21  Information Officer, to manage and control, but not intercept
22  or interpret, communications within the SUNCOM Network by:
23         (a)  Establishing technical standards to physically
24  interface with the SUNCOM Network.
25         (b)  Specifying how communications are transmitted
26  within the SUNCOM Network.
27         (c)  Controlling the routing of communications within
28  the SUNCOM Network.
29         (d)  Establishing standards, policies, and procedures
30  for access to the SUNCOM Network.
31  
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 1         (e)  Ensuring orderly and reliable communications
 2  services in accordance with the service level agreements
 3  executed with state agencies.
 4         (18)(21)  To plan, design, and conduct experiments for
 5  information technology services, equipment, and technologies,
 6  and to implement enhancements in the state information
 7  technology system when in the public interest and
 8  cost-effective. Funding for such experiments shall be derived
 9  from SUNCOM Network service revenues and shall not exceed 2
10  percent of the annual budget for the SUNCOM Network for any
11  fiscal year or as provided in the General Appropriations Act.
12  New services offered as a result of this subsection shall not
13  affect existing rates for facilities or services.
14         (19)(22)  To enter into contracts or agreements, with
15  or without competitive bidding or procurement, to make
16  available, on a fair, reasonable, and nondiscriminatory basis,
17  property and other structures under department office control
18  for the placement of new facilities by any wireless provider
19  of mobile service as defined in 47 U.S.C. s. 153(n) or s.
20  332(d) and any telecommunications company as defined in s.
21  364.02 when it is determined to be practical and feasible to
22  make such property or other structures available. The
23  department office may, without adopting a rule, charge a just,
24  reasonable, and nondiscriminatory fee for the placement of the
25  facilities, payable annually, based on the fair market value
26  of space used by comparable communications facilities in the
27  state. The department office and a wireless provider or
28  telecommunications company may negotiate the reduction or
29  elimination of a fee in consideration of services provided to
30  the department office by the wireless provider or
31  telecommunications company. All such fees collected by the
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 1  department office shall be deposited directly into the Law
 2  Enforcement Radio Operating Trust Fund, and may be used by the
 3  department office to construct, maintain, or support the
 4  system.
 5         (20)(23)  To provide an integrated electronic system
 6  for deploying government products, services, and information
 7  to individuals and businesses which reflects cost-effective
 8  deployment strategies in keeping with industry standards and
 9  practices and includes protections and security of private
10  information as well as maintenance of public records.
11         (a)  The integrated electronic system shall reflect
12  cost-effective deployment strategies in keeping with industry
13  standards and practices, including protections and security of
14  private information as well as maintenance of public records.
15         (b)  The office shall provide a method for assessing
16  fiscal accountability for the integrated electronic system and
17  shall establish the organizational structure required to
18  implement this system.
19         (24)  To provide administrative support to the Agency
20  Chief Information Officers Council and other workgroups
21  created by the Chief Information Officer.
22         (25)  To facilitate state information technology
23  education and training for senior management and other agency
24  staff.
25         (26)  To prepare, on behalf of the Executive Office of
26  the Governor, memoranda on recommended guidelines and best
27  practices for information resources management, when
28  requested.
29         (27)  To prepare, publish, and disseminate the State
30  Annual Report on Enterprise Resource Planning and Management
31  under s. 282.310.
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 1         (28)  To study and make a recommendation to the
 2  Governor and Legislature on the feasibility of implementing
 3  online voting in this state.
 4         (29)  To facilitate the development of a network access
 5  point in this state, as needed.
 6         (30)  To designate a State Chief Privacy Officer who
 7  shall be responsible for the continual review of policies,
 8  laws, rules, and practices of state agencies which may affect
 9  the privacy concerns of state residents.
10         Section 10.  Section 282.103, Florida Statutes, is
11  amended to read:
12         282.103  SUNCOM Network; exemptions from the required
13  use.--
14         (1)  There is created within the Department of
15  Management Services State Technology Office the SUNCOM Network
16  which shall be developed to serve as the state communications
17  system for providing local and long-distance communications
18  services to state agencies, political subdivisions of the
19  state, municipalities, state universities, and nonprofit
20  corporations pursuant to ss. 282.101-282.111. The SUNCOM
21  Network shall be developed to transmit all types of
22  communications signals, including, but not limited to, voice,
23  data, video, image, and radio. State agencies shall cooperate
24  and assist in the development and joint use of communications
25  systems and services.
26         (2)  The department State Technology Office shall
27  design, engineer, implement, manage, and operate through state
28  ownership, commercial leasing, or some combination thereof,
29  the facilities and equipment providing SUNCOM Network
30  services, and shall develop a system of equitable billings and
31  charges for communication services.
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 1         (3)  All state agencies and state universities are
 2  required to use the SUNCOM Network for agency and state
 3  university communications services as the services become
 4  available; however, no agency or university is relieved of
 5  responsibility for maintaining communications services
 6  necessary for effective management of its programs and
 7  functions. If a SUNCOM Network service does not meet the
 8  communications requirements of an agency or university, the
 9  agency or university shall notify the department State
10  Technology Office in writing and detail the requirements for
11  that communications service. If the department office is
12  unable to meet an agency's or university's requirements by
13  enhancing SUNCOM Network service, the department office may
14  grant the agency or university an exemption from the required
15  use of specified SUNCOM Network services.
16         Section 11.  Section 282.104, Florida Statutes, is
17  amended to read:
18         282.104  Use of state SUNCOM Network by
19  municipalities.--Any municipality may request the department
20  State Technology Office to provide any or all of the SUNCOM
21  Network's portfolio of communications services upon such terms
22  and under such conditions as the department office may
23  establish. The requesting municipality shall pay its share of
24  installation and recurring costs according to the published
25  rates for SUNCOM Network services and as invoiced by the
26  department office. Such municipality shall also pay for any
27  requested modifications to existing SUNCOM Network services,
28  if any charges apply.
29         Section 12.  Section 282.105, Florida Statutes, is
30  amended to read:
31  
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 1         282.105  Use of state SUNCOM Network by nonprofit
 2  corporations.--
 3         (1)  The department State Technology Office shall
 4  provide a means whereby private nonprofit corporations under
 5  contract with state agencies or political subdivisions of the
 6  state may use the state SUNCOM Network, subject to the
 7  limitations in this section. In order to qualify to use the
 8  state SUNCOM Network, a nonprofit corporation shall:
 9         (a)  Expend the majority of its total direct revenues
10  for the provision of contractual services to the state, a
11  municipality, or a political subdivision of the state; and
12         (b)  Receive only a small portion of its total revenues
13  from any source other than a state agency, a municipality, or
14  a political subdivision of the state during the period of time
15  SUNCOM Network services are requested.
16         (2)  Each nonprofit corporation seeking authorization
17  to use the state SUNCOM Network pursuant to this section shall
18  provide to the department office, upon request, proof of
19  compliance with subsection (1).
20         (3)  Nonprofit corporations established pursuant to
21  general law and an association of municipal governments which
22  is wholly owned by the municipalities shall be eligible to use
23  the state SUNCOM Network, subject to the terms and conditions
24  of the department office.
25         (4)  Institutions qualified to participate in the
26  William L. Boyd, IV, Florida Resident Access Grant Program
27  pursuant to s. 1009.89 shall be eligible to use the state
28  SUNCOM Network, subject to the terms and conditions of the
29  department office. Such entities shall not be required to
30  satisfy the other criteria of this section.
31  
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 1         (5)  Private, nonprofit elementary and secondary
 2  schools shall be eligible for rates and services on the same
 3  basis as public schools, providing these nonpublic schools do
 4  not have an endowment in excess of $50 million.
 5         Section 13.  Section 282.106, Florida Statutes, is
 6  amended to read:
 7         282.106  Use of SUNCOM Network by libraries.--The
 8  department State Technology Office may provide SUNCOM Network
 9  services to any library in the state, including libraries in
10  public schools, community colleges, state universities, and
11  nonprofit private postsecondary educational institutions, and
12  libraries owned and operated by municipalities and political
13  subdivisions.
14         Section 14.  Section 282.1065, Florida Statutes, is
15  created to read:
16         282.1065  Use of SUNCOM Network by hospitals.--The
17  department may provide SUNCOM Network services to hospitals or
18  other facilities licensed under chapter 395 and their state
19  associations who currently contract with or provide services
20  on behalf of state or local governments.
21         Section 15.  Section 282.107, Florida Statutes, is
22  amended to read:
23         282.107  SUNCOM Network; criteria for usage.--
24         (1)  The department State Technology Office shall
25  periodically review the qualifications of subscribers using
26  the state SUNCOM Network and shall terminate services provided
27  to any facility not qualified pursuant to ss. 282.101-282.111
28  or rules adopted hereunder. In the event of nonpayment of
29  invoices by subscribers whose SUNCOM Network invoices are paid
30  from sources other than legislative appropriations, such
31  
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 1  nonpayment represents good and sufficient reason to terminate
 2  service.
 3         (2)  The department State Technology Office shall adopt
 4  rules setting forth its procedures for withdrawing and
 5  restoring authorization to use the state SUNCOM Network. Such
 6  rules shall provide a minimum of 30 days' notice to affected
 7  parties prior to termination of voice communications service.
 8         (3)  Nothing in this section shall be construed to
 9  limit or restrict the ability of the Florida Public Service
10  Commission to set jurisdictional tariffs of telecommunications
11  companies.
12         Section 16.  Section 282.1095, Florida Statutes, is
13  amended to read:
14         282.1095  State agency law enforcement radio system and
15  interoperability network.--
16         (1)  The department State Technology Office may acquire
17  and implement a statewide radio communications system to serve
18  law enforcement units of state agencies, and to serve local
19  law enforcement agencies through mutual aid channels. The
20  Joint Task Force on State Agency Law Enforcement
21  Communications is established in the department State
22  Technology Office to advise the department office of
23  member-agency needs for the planning, designing, and
24  establishment of the joint system. The State Agency Law
25  Enforcement Radio System Trust Fund is established in the
26  department State Technology Office. The trust fund shall be
27  funded from surcharges collected under ss. 320.0802 and
28  328.72.
29         (2)(a)  The Joint Task Force on State Agency Law
30  Enforcement Communications shall consist of eight members, as
31  follows:
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 1         1.  A representative of the Division of Alcoholic
 2  Beverages and Tobacco of the Department of Business and
 3  Professional Regulation who shall be appointed by the
 4  secretary of the department.
 5         2.  A representative of the Division of Florida Highway
 6  Patrol of the Department of Highway Safety and Motor Vehicles
 7  who shall be appointed by the executive director of the
 8  department.
 9         3.  A representative of the Department of Law
10  Enforcement who shall be appointed by the executive director
11  of the department.
12         4.  A representative of the Fish and Wildlife
13  Conservation Commission who shall be appointed by the
14  executive director of the commission.
15         5.  A representative of the Division of Law Enforcement
16  of the Department of Environmental Protection who shall be
17  appointed by the secretary of the department.
18         6.  A representative of the Department of Corrections
19  who shall be appointed by the secretary of the department.
20         7.  A representative of the Division of State Fire
21  Marshal of the Department of Financial Services who shall be
22  appointed by the State Fire Marshal.
23         8.  A representative of the Department of
24  Transportation who shall be appointed by the secretary of the
25  department.
26         (b)  Each appointed member of the joint task force
27  shall serve at the pleasure of the appointing official. Any
28  vacancy on the joint task force shall be filled in the same
29  manner as the original appointment. Any joint task force
30  member may, upon notification to the chair prior to the
31  beginning of any scheduled meeting, appoint an alternative to
                                  26
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 1  represent the member on the task force and vote on task force
 2  business in his or her absence.
 3         (c)  The joint task force shall elect a chair from
 4  among its members to serve a 1-year term. A vacancy in the
 5  chair of the joint task force must be filled for the remainder
 6  of the unexpired term by an election of the joint task force
 7  members.
 8         (d)  The joint task force shall meet as necessary, but
 9  at least quarterly, at the call of the chair and at the time
10  and place designated by him or her.
11         (e)  The per diem and travel expenses incurred by a
12  member of the joint task force in attending its meetings and
13  in attending to its affairs shall be paid pursuant to s.
14  112.061, from funds budgeted to the state agency that the
15  member represents.
16         (f)  The department State Technology Office is hereby
17  authorized to rent or lease space on any tower under its
18  control. The department office may also rent, lease, or
19  sublease ground space as necessary to locate equipment to
20  support antennae on the towers. The costs for use of such
21  space shall be established by the department office for each
22  site, when it is determined to be practicable and feasible to
23  make space available. The department office may refuse to
24  lease space on any tower at any site. All moneys collected by
25  the department office for such rents, leases, and subleases
26  shall be deposited directly into the Law Enforcement Radio
27  Operating Trust Fund and may be used by the department office
28  to construct, maintain, or support the system.
29         (g)  The department State Technology Office is hereby
30  authorized to rent, lease, or sublease ground space on lands
31  acquired by the department office for the construction of
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 1  privately owned or publicly owned towers. The department
 2  office may, as a part of such rental, lease, or sublease
 3  agreement, require space on said tower or towers for antennae
 4  as may be necessary for the construction and operation of the
 5  state agency law enforcement radio system or any other state
 6  need. The positions necessary for the department office to
 7  accomplish its duties under this paragraph and paragraph (f)
 8  shall be established in the General Appropriations Act and
 9  shall be funded by the Law Enforcement Radio Operating Trust
10  Fund or other revenue sources.
11         (h)  The department State Technology Office may make
12  the mutual aid channels in the statewide radio communications
13  system available to federal agencies, state agencies, and
14  agencies of the political subdivisions of the state for the
15  purpose of public safety and domestic security. The department
16  office shall exercise its powers and duties, as specified in
17  this chapter, to plan, manage, and administer the mutual aid
18  channels. The department office shall, in implementing such
19  powers and duties, act in consultation and conjunction with
20  the Department of Law Enforcement and the Division of
21  Emergency Management of the Department of Community Affairs,
22  and shall manage and administer the mutual aid channels in a
23  manner that reasonably addresses the needs and concerns of the
24  involved law enforcement agencies and emergency response
25  agencies and entities.
26         (3)  Upon appropriation, moneys in the trust fund may
27  be used by the department office to acquire by competitive
28  procurement the equipment; software; and engineering,
29  administrative, and maintenance services it needs to
30  construct, operate, and maintain the statewide radio system.
31  Moneys in the trust fund collected as a result of the
                                  28
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 1  surcharges set forth in ss. 320.0802 and 328.72 shall be used
 2  to help fund the costs of the system. Upon completion of the
 3  system, moneys in the trust fund may also be used by the
 4  department office to provide for payment of the recurring
 5  maintenance costs of the system.
 6         (4)(a)  The department office shall, in conjunction
 7  with the Department of Law Enforcement and the Division of
 8  Emergency Management of the Department of Community Affairs,
 9  establish policies, procedures, and standards which shall be
10  incorporated into a comprehensive management plan for the use
11  and operation of the statewide radio communications system.
12         (b)  The joint task force, in consultation with the
13  department office, shall have the authority to permit other
14  state agencies to use the communications system, under terms
15  and conditions established by the joint task force.
16         (5)  The department office shall provide technical
17  support to the joint task force and shall bear the overall
18  responsibility for the design, engineering, acquisition, and
19  implementation of the statewide radio communications system
20  and for ensuring the proper operation and maintenance of all
21  system common equipment.
22         (6)(a)  The department State Technology Office may
23  create and implement an interoperability network to enable
24  interoperability between various radio communications
25  technologies and to serve federal agencies, state agencies,
26  and agencies of political subdivisions of the state for the
27  purpose of public safety and domestic security. The department
28  office shall, in conjunction with the Department of Law
29  Enforcement and the Division of Emergency Management of the
30  Department of Community Affairs, exercise its powers and
31  duties pursuant to this chapter to plan, manage, and
                                  29
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 1  administer the interoperability network. The department office
 2  may:
 3         1.  Enter into mutual aid agreements among federal
 4  agencies, state agencies, and political subdivisions of the
 5  state for the use of the interoperability network.
 6         2.  Establish the cost of maintenance and operation of
 7  the interoperability network and charge subscribing federal
 8  and local law enforcement agencies for access and use of the
 9  network. The department State Technology Office may not charge
10  state law enforcement agencies identified in paragraph (2)(a)
11  to use the network.
12         3.  In consultation with the Department of Law
13  Enforcement and the Division of Emergency Management of the
14  Department of Community Affairs, amend and enhance the
15  statewide radio communications system as necessary to
16  implement the interoperability network.
17         (b)  The department State Technology Office, in
18  consultation with the Joint Task Force on State Agency Law
19  Enforcement Communications, and in conjunction with the
20  Department of Law Enforcement and the Division of Emergency
21  Management of the Department of Community Affairs, shall
22  establish policies, procedures, and standards to incorporate
23  into a comprehensive management plan for the use and operation
24  of the interoperability network.
25         Section 17.  Section 282.111, Florida Statutes, is
26  amended to read:
27         282.111  Statewide system of regional law enforcement
28  communications.--
29         (1)  It is the intent and purpose of the Legislature
30  that a statewide system of regional law enforcement
31  communications be developed whereby maximum efficiency in the
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 1  use of existing radio channels is achieved in order to deal
 2  more effectively with the apprehension of criminals and the
 3  prevention of crime generally. To this end, all law
 4  enforcement agencies within the state are directed to provide
 5  the department State Technology Office with any information
 6  the department office requests for the purpose of implementing
 7  the provisions of subsection (2).
 8         (2)  The department State Technology Office is hereby
 9  authorized and directed to develop and maintain a statewide
10  system of regional law enforcement communications. In
11  formulating such a system, the department office shall divide
12  the state into appropriate regions and shall develop a program
13  which shall include, but not be limited to, the following
14  provisions:
15         (a)  The communications requirements for each county
16  and municipality comprising the region.
17         (b)  An interagency communications provision which
18  shall depict the communication interfaces between municipal,
19  county, and state law enforcement entities which operate
20  within the region.
21         (c)  Frequency allocation and use provision which shall
22  include, on an entity basis, each assigned and planned radio
23  channel and the type of operation, simplex, duplex, or
24  half-duplex, on each channel.
25         (3)  The department office shall adopt any necessary
26  rules and regulations for implementing and coordinating the
27  statewide system of regional law enforcement communications.
28         (4)  The secretary of the Department of Management
29  Services Chief Information Officer of the State Technology
30  Office or his or her designee is designated as the director of
31  the statewide system of regional law enforcement
                                  31
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 1  communications and, for the purpose of carrying out the
 2  provisions of this section, is authorized to coordinate the
 3  activities of the system with other interested state agencies
 4  and local law enforcement agencies.
 5         (5)  No law enforcement communications system shall be
 6  established or present system expanded without the prior
 7  approval of the department State Technology Office .
 8         (6)  Within the limits of its capability, the
 9  Department of Law Enforcement is encouraged to lend assistance
10  to the department State Technology Office in the development
11  of the statewide system of regional law enforcement
12  communications proposed by this section.
13         Section 18.  Section 282.20, Florida Statutes, is
14  amended to read:
15         282.20  Technology Resource Center.--
16         (1)(a)  The Department of Management Services State
17  Technology Office shall operate and manage the Technology
18  Resource Center.
19         (b)  For the purposes of this section, the term:
20         1.  "Information-system utility" means a full-service
21  information-processing facility offering hardware, software,
22  operations, integration, networking, and consulting services.
23         2.  "Customer" means a state agency or other entity
24  which is authorized to utilize the SUNCOM Network pursuant to
25  this part.
26         (2)  The Technology Resource Center shall:
27         (a)  Serve the department office and other customers as
28  an information-system utility.
29         (b)  Cooperate with customers to offer, develop, and
30  support a wide range of services and applications needed by
31  users of the Technology Resource Center.
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 1         (c)  Cooperate with the Florida Legal Resource Center
 2  of the Department of Legal Affairs and other state agencies to
 3  develop and provide access to repositories of legal
 4  information throughout the state.
 5         (d)  Cooperate with the department office to facilitate
 6  interdepartmental networking and integration of network
 7  services for its customers.
 8         (e)  Assist customers in testing and evaluating new and
 9  emerging technologies that could be used to meet the needs of
10  the state.
11         (3)  The department office may contract with customers
12  to provide any combination of services necessary for agencies
13  to fulfill their responsibilities and to serve their users.
14         (4)  The Technology Resource Center may plan, design,
15  establish pilot projects for, and conduct experiments with
16  information technology resources, and may implement
17  enhancements in services when such implementation is
18  cost-effective. Funding for experiments and pilot projects
19  shall be derived from service revenues and may not exceed 5
20  percent of the service revenues for the Technology Resource
21  Center for any single fiscal year. Any experiment, pilot
22  project, plan, or design must be approved by the secretary of
23  the department Chief Information Officer.
24         (5)  Notwithstanding the provisions of s. 216.272, the
25  Technology Resource Center may spend funds in the reserve
26  account of the Technology Enterprise Operating Trust Fund for
27  enhancements to center operations or for information
28  technology resources. Any expenditure of reserve account funds
29  must be approved by the secretary of the department Chief
30  Information Officer. Any funds remaining in the reserve
31  account at the end of the fiscal year may be carried forward
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 1  and spent as approved by the secretary Chief Information
 2  Officer, provided that such approval conforms to any
 3  applicable provisions of chapter 216.
 4         Section 19.  Section 282.21, Florida Statutes, is
 5  amended to read:
 6         282.21  The State Technology Office's Electronic access
 7  services of the department.--The department State Technology
 8  Office may collect fees for providing remote electronic access
 9  pursuant to s. 119.07(2). The fees may be imposed on
10  individual transactions or as a fixed subscription for a
11  designated period of time. All fees collected under this
12  section shall be deposited in the appropriate trust fund of
13  the program or activity that made the remote electronic access
14  available.
15         Section 20.  Section 282.22, Florida Statutes, is
16  amended to read:
17         282.22  State Technology Office; Production,
18  dissemination, and ownership of materials and products.--
19         (1)  It is the intent of the Legislature that when
20  materials, products, information, and services are acquired or
21  developed by or under the direction of the department State
22  Technology Office, through research and development or other
23  efforts, including those subject to copyright, patent, or
24  trademark, they shall be made available for use by state and
25  local government entities at the earliest practicable date and
26  in the most economical and efficient manner possible and
27  consistent with chapter 119.
28         (2)  To accomplish this objective the department may
29  office is authorized to publish or partner with private sector
30  entities to produce or have produced materials and products
31  and to make them readily available for appropriate use. The
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 1  department may office is authorized to charge an amount or
 2  receive value-added services adequate to cover the essential
 3  cost of producing and disseminating such materials,
 4  information, services, or products and is authorized to sell
 5  services.
 6         (3)  If In cases in which the materials or products are
 7  of such nature, or the circumstances are such, that it is not
 8  practicable or feasible for the department office to produce
 9  or have produced materials and products so developed, it is
10  authorized, after review and approval by the Executive Office
11  of the Governor, to license, lease, assign, sell, or otherwise
12  give written consent to any person, firm, or corporation for
13  the manufacture or use thereof, on a royalty basis, or for
14  such other consideration as the department deems office shall
15  deem proper and in the best interest of the state; the
16  department shall office is authorized and directed to protect
17  same against improper or unlawful use or infringement and to
18  enforce the collection of any sums due for the manufacture or
19  use thereof by any other party.
20         (4)  All proceeds from the sale of such materials and
21  products or other money collected pursuant to this section
22  shall be deposited into the Grants and Donations Trust Fund of
23  the department office and, when properly budgeted as approved
24  by the Legislature and the Executive Office of the Governor,
25  used to pay the cost of producing and disseminating materials
26  and products to carry out the intent of this section.
27         Section 21.  Section 282.23, Florida Statutes, is
28  repealed.
29         Section 22.  Section 282.3025, Florida Statutes, is
30  created to read:
31  
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 1         282.3025  Florida Technology Council; powers and
 2  duties.--
 3         (1)  There is created a Florida Technology Council
 4  within the Department of Management Services. The council
 5  shall be headed by a State Chief Information Officer who is
 6  appointed by the Governor. The Department of Management
 7  Services shall provide administrative support and services to
 8  the council.
 9         (2)  The council shall have the following powers,
10  duties, and functions:
11         (a)  Develop and submit by January 15, 2006, a
12  Statewide Information Technology Strategic Plan consistent
13  with the provisions of s. 282.0051(1), and in consultation
14  with the Agency Chief Information Officers Council. The plan
15  must include, but need not be limited to, a description and
16  recommendations as to how the state can deploy information
17  technology that:
18         1.  Aligns state information technology resources and
19  assets to achieve an enterprise perspective and focus state
20  investments on initiatives that provide significant
21  improvements in statewide service delivery and business
22  operations.
23         2.  Makes state governmental information and services
24  more accessible to residents and the state's clients.
25         3.  Improves governmental efficiency and
26  cost-effectiveness.
27         4.  Improves security and performance of the state's
28  information technology infrastructure.
29         5.  Makes recommendations for changes to the statutes
30  which promote the findings of the report.
31  
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 1         (b)  Develop enterprise information technology
 2  policies, standards, guidelines, and procedures in
 3  consultation with and subject to the approval of the Agency
 4  Chief Information Officers Council and the department, and in
 5  consultation with the Technology Review Workgroup, relating to
 6  enterprise architecture, enterprise Internet portal, business
 7  continuity and disaster recovery, security, computing,
 8  networks, desktop equipment, and communications.
 9         (c)  Recommend, in consultation with the Agency Chief
10  Information Officers Council and the Technology Review
11  Workgroup, and subject to the approval of the Agency Chief
12  Information Officers Council, a project management methodology
13  for use by the agencies to meet the provisions of s. 282.0051.
14  The methodology shall be adopted by September 30, 2005, for
15  distribution to the agencies.
16         (d)  Develop, in consultation with the Agency Chief
17  Information Officers Council and the Technology Review
18  Workgroup, and subject to the approval of the Agency Chief
19  Information Officers Council, a model agency information
20  technology investment management process and an information
21  technology investment portfolio. The model process shall be
22  adopted by September 30, 2005, for distribution to the
23  agencies.
24         (e)  Review recommendations made by the Agency Chief
25  Information Officers Council for improving information
26  technology in agencies or the state and make recommendations
27  to the Governor and the Legislature for consideration during
28  legislative session.
29         (f)  Review each agency information technology
30  investment portfolio and make recommendations to the Governor
31  
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 1  and the Legislature regarding opportunities consistent with s.
 2  282.0051(1).
 3         (g)  Prepare, on behalf of the Executive Office of the
 4  Governor, memoranda on recommended guidelines and best
 5  practices for information technology, when requested.
 6         (3)  The Florida Technology Council may adopt rules
 7  pursuant to ss. 120.536(1) and 120.54 to administer the
 8  provisions of this section.
 9         Section 23.  Section 282.3031, Florida Statutes, is
10  amended to read:
11         282.3031  Assignment of information technology planning
12  and resources management responsibilities.--For purposes of
13  ss. 282.3032-282.322 282.303-282.322, to ensure the best
14  management of state information technology resources, and
15  notwithstanding other provisions of law to the contrary, the
16  functions of information technology planning and resources
17  management are assigned to the university boards of trustees
18  for the development and implementation of planning,
19  management, rulemaking, standards, and guidelines for the
20  state universities; to the community college boards of
21  trustees for establishing and developing rules for the
22  community colleges; to the Supreme Court for the judicial
23  branch; to each state attorney and public defender; and to the
24  agency head State Technology Office for the agencies within
25  the executive branch of state government.
26         Section 24.  Section 282.3032, Florida Statutes, is
27  repealed.
28         Section 25.  Section 282.3055, Florida Statutes, is
29  amended to read:
30         282.3055  Agency chief information officer;
31  appointment; duties.--
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 1         (1)(a)  To assist the agency head State Technology
 2  Officer in carrying out information technology the enterprise
 3  resource planning and management responsibilities, the agency
 4  head Chief Information Officer may appoint or contract for an
 5  agency chief information officer. This position may be full
 6  time or part time.
 7         (b)  The agency chief information officer must, at a
 8  minimum, have knowledge and experience in both management and
 9  information technology resources.
10         (2)  The duties of the agency chief information officer
11  include, but are not limited to:
12         (a)  Coordinating and facilitating agency information
13  technology enterprise resource planning and management
14  projects and initiatives.
15         (b)  Preparing the an agency annual information
16  technology investment portfolio report on enterprise resource
17  planning and management pursuant to the provisions of s.
18  282.0051 s. 282.3063.
19         (c)  Developing and implementing agency information
20  technology enterprise resource planning and management
21  policies, procedures, guidelines, and standards consistent
22  with statewide policies, procedures, guidelines, and
23  standards, including specific policies and procedures for
24  review and approval of the agency's purchases of information
25  technology resources in accordance with the office's policies
26  and procedures.
27         (d)  Advising agency senior management as to the
28  information technology enterprise resource planning and
29  management and the information technology investment needs of
30  the agency for inclusion in planning documents required by
31  law.
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 1         (e)  Staffing and supporting an agency information
 2  technology investment management process.
 3         (e)  Assisting in the development and prioritization of
 4  the enterprise resource planning and management schedule of
 5  the agency's legislative budget request.
 6         Section 26.  Section 282.3063, Florida Statutes, is
 7  repealed.
 8         Section 27.  Section 282.310, Florida Statutes, is
 9  repealed.
10         Section 28.  Section 282.315, Florida Statutes, is
11  amended to read:
12         282.315  Agency Chief Information Officers Council;
13  creation.--The Legislature finds that enhancing communication,
14  consensus building, coordination, and facilitation of
15  statewide enterprise information technology resource planning
16  and management issues are is essential to improving state
17  management of such resources.
18         (1)  There is created an Agency Chief Information
19  Officers Council to:
20         (a)  Enhance communication among the agency chief
21  information officers and the Florida Technology Council by
22  sharing enterprise resource planning and management
23  experiences and exchanging ideas.
24         (b)  Identify and recommend Facilitate the sharing of
25  best practices that are characteristic of highly successful
26  technology organizations, as well as exemplary information
27  technology applications of state agencies, and assist the
28  Florida Technology Council in the development of policies,
29  standards, guidelines, and procedures for use by all state
30  agencies.
31  
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 1         (c)  Identify efficiency opportunities among state
 2  agencies to fulfill the guidelines in s. 282.3032 and make
 3  recommendations for action to the Florida Technology Council.
 4         (d)  Serve as an educational forum for enterprise
 5  information technology resource planning and management
 6  issues.
 7         (e)  Identify Assist the State Technology Office in
 8  identifying critical statewide issues and, when appropriate,
 9  make recommendations to the Florida Technology Council for
10  solving information technology enterprise resource planning
11  and management deficiencies.
12         (2)  Members of the council shall include the agency
13  chief information officers, including the chief information
14  officers of the agencies and governmental entities enumerated
15  in s. 282.3031, except that there shall be one chief
16  information officer selected by the state attorneys and one
17  chief information officer selected by the public defenders.
18  The chairs, or their designees, of the Florida Financial
19  Management Information System Coordinating Council, the
20  Criminal and Juvenile Justice Information Systems Council, and
21  the Health Information Systems Council shall represent their
22  respective organizations on the Agency Chief Information
23  Officers Council as voting members. The council shall appoint
24  a chair, a vice chair, and a secretary from its members to
25  serve a 1-year term each. The council shall establish
26  procedures to govern council business.
27         (3)  The Florida Technology Council State Technology
28  Office shall provide administrative support to the council.
29         Section 29.  Section 282.318, Florida Statutes, is
30  amended to read:
31  
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 1         282.318  Security of data and information technology
 2  resources.--
 3         (1)  This section may be cited as the "Security of Data
 4  and Information Technology Infrastructure Resources Act."
 5         (2)(a)  The State Technology Office, in consultation
 6  with Each agency head, is responsible and accountable for
 7  assuring an adequate level of security for all data and
 8  information technology infrastructure resources of each agency
 9  and, to carry out this responsibility, shall, at a minimum:
10         1.  Designate an information security manager who shall
11  administer the security program of each agency for its data
12  and information technology resources.
13         2.  Conduct, and periodically update, a comprehensive
14  risk analysis to determine the security threats to the data
15  and information technology infrastructure resources of each
16  agency. The risk analysis information is confidential and
17  exempt from the provisions of s. 119.07(1), except that such
18  information shall be available to the Auditor General in
19  performing his or her postauditing duties.
20         3.  Develop, and periodically update, written internal
21  policies and procedures to assure the security of the data and
22  information technology infrastructure resources of each
23  agency. The internal policies and procedures which, if
24  disclosed, could facilitate the unauthorized modification,
25  disclosure, or destruction of data or information technology
26  infrastructure resources are confidential information and
27  exempt from the provisions of s. 119.07(1), except that such
28  information shall be available to the Auditor General in
29  performing his or her postauditing duties.
30         4.  Implement appropriate cost-effective safeguards to
31  reduce, eliminate, or recover from the identified risks to the
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 1  data and information technology infrastructure resources of
 2  each agency.
 3         5.  Ensure that periodic internal audits and
 4  evaluations of each security program for the data and
 5  information technology infrastructure resources of the agency
 6  are conducted. The results of such internal audits and
 7  evaluations are confidential information and exempt from the
 8  provisions of s. 119.07(1), except that such information shall
 9  be available to the Auditor General in performing his or her
10  postauditing duties.
11         6.  Include appropriate security requirements, as
12  determined by the agency State Technology Office, in
13  consultation with the Department of Law Enforcement each
14  agency head, in the written specifications for the
15  solicitation of information technology resources.
16         (b)  In those instances in which the department State
17  Technology Office develops state contracts for use by state
18  agencies, the department office shall include appropriate
19  security requirements in the specifications for the
20  solicitation for state contracts for procuring information
21  technology infrastructure resources.
22         Section 30.  Section 282.322, Florida Statutes, is
23  amended to read:
24         282.322  Special monitoring process for designated
25  information resources management projects.--
26         (1)  For each information resources management project
27  which is designated for special monitoring in the General
28  Appropriations Act, with a proviso requiring a contract with a
29  project monitor, the Technology Review Workgroup established
30  pursuant to s. 216.0446, in consultation with each affected
31  agency, shall be responsible for contracting with the project
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 1  monitor. Upon contract award, funds equal to the contract
 2  amount shall be transferred to the Technology Review Workgroup
 3  upon request and subsequent approval of a budget amendment
 4  pursuant to s. 216.292. With the concurrence of the
 5  Legislative Auditing Committee, the office of the Auditor
 6  General shall be the project monitor for other projects
 7  designated for special monitoring. However, nothing in this
 8  section precludes the Auditor General from conducting such
 9  monitoring on any project designated for special monitoring.
10  In addition to monitoring and reporting on significant
11  communications between a contracting agency and the
12  appropriate federal authorities, the project monitoring
13  process shall consist of evaluating each major stage of the
14  designated project to determine whether the deliverables have
15  been satisfied and to assess the level of risks associated
16  with proceeding to the next stage of the project. The major
17  stages of each designated project shall be determined based on
18  the agency's information systems development methodology.
19  Within 20 days after an agency has completed a major stage of
20  its designated project or at least 90 days, the project
21  monitor shall issue a written report, including the findings
22  and recommendations for correcting deficiencies, to the agency
23  head, for review and comment. Within 20 days after receipt of
24  the project monitor's report, the agency head shall submit a
25  written statement of explanation or rebuttal concerning the
26  findings and recommendations of the project monitor, including
27  any corrective action to be taken by the agency. The project
28  monitor shall include the agency's statement in its final
29  report, which shall be forwarded, within 7 days after receipt
30  of the agency's statement, to the agency head, the inspector
31  general's office of the agency, the Executive Office of the
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 1  Governor, the appropriations committees of the Legislature,
 2  the Joint Legislative Auditing Committee, the Technology
 3  Review Workgroup, the President of the Senate, the Speaker of
 4  the House of Representatives, and the Office of Program Policy
 5  Analysis and Government Accountability. The Auditor General
 6  shall also receive a copy of the project monitor's report for
 7  those projects in which the Auditor General is not the project
 8  monitor.
 9         (2)  The Enterprise Project Management Office of the
10  State Technology Office shall report any information
11  technology projects the office identifies as high-risk to the
12  Executive Office of the Governor, the President of the Senate,
13  the Speaker of the House of Representatives, and the chairs of
14  the appropriations committees. Within the limits of current
15  appropriations, the Enterprise Project Management Office shall
16  monitor and report on such high-risk information technology
17  projects, and assess the levels of risks associated with
18  proceeding to the next stage of the project.
19         Section 31.  Paragraph (a) of subsection (3),
20  subsections (4), (5), (7), (9), (10), and (12), and paragraph
21  (a) of subsection (13) of section 365.171, Florida Statutes,
22  are amended to read:
23         365.171  Emergency telephone number "911."--
24         (3)  DEFINITIONS.--As used in this section:
25         (a)  "Department Office" means the Department of
26  Management Services State Technology Office.
27         (4)  STATE PLAN.--The department office shall develop a
28  statewide emergency telephone number "911" system plan. The
29  plan shall provide for:
30  
31  
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 1         (a)  The establishment of the public agency emergency
 2  telephone communications requirements for each entity of local
 3  government in the state.
 4         (b)  A system to meet specific local government
 5  requirements. Such system shall include law enforcement,
 6  firefighting, and emergency medical services and may include
 7  other emergency services such as poison control, suicide
 8  prevention, and emergency management services.
 9         (c)  Identification of the mutual aid agreements
10  necessary to obtain an effective "911" system.
11         (d)  A funding provision which shall identify the cost
12  necessary to implement the "911" system.
13         (e)  A firm implementation schedule which shall include
14  the installation of the "911" system in a local community
15  within 24 months after the designated agency of the local
16  government gives a firm order to the telephone utility for a
17  "911" system.
18  
19  The department office shall be responsible for the
20  implementation and coordination of such plan. The department
21  office shall adopt any necessary rules and schedules related
22  to public agencies for implementing and coordinating such
23  plan, pursuant to chapter 120. The public agency designated in
24  the plan shall order such system within 6 months after
25  publication date of the plan if the public agency is in
26  receipt of funds appropriated by the Legislature for the
27  implementation and maintenance of the "911" system. Any
28  jurisdiction which has utilized local funding as of July 1,
29  1976, to begin the implementation of the state plan as set
30  forth in this section shall be eligible for at least a partial
31  
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 1  reimbursement of its direct cost when, and if, state funds are
 2  available for such reimbursement.
 3         (5)  SYSTEM DIRECTOR.--The secretary director of the
 4  department office or his or her designee is designated as the
 5  director of the statewide emergency telephone number "911"
 6  system and, for the purpose of carrying out the provisions of
 7  this section, is authorized to coordinate the activities of
 8  the system with state, county, local, and private agencies.
 9  The secretary director is authorized to employ not less than
10  five persons, three of whom will be at the professional level,
11  one at the secretarial level, and one to fill a fiscal
12  position, for the purpose of carrying out the provisions of
13  this section. The secretary director  in implementing the
14  system shall consult, cooperate, and coordinate with local law
15  enforcement agencies.
16         (7)  TELEPHONE INDUSTRY COORDINATION.--The department
17  office shall coordinate with the Florida Public Service
18  Commission which shall encourage the Florida telephone
19  industry to activate facility modification plans for a timely
20  "911" implementation.
21         (9)  SYSTEM APPROVAL.--No emergency telephone number
22  "911" system shall be established and no present system shall
23  be expanded without prior approval of the department office.
24         (10)  COMPLIANCE.--All public agencies shall assist the
25  department office in their efforts to carry out the intent of
26  this section, and such agencies shall comply with the
27  developed plan.
28         (12)  FEDERAL ASSISTANCE.--The secretary of the
29  department office or his or her designee may apply for and
30  accept federal funding assistance in the development and
31  
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 1  implementation of a statewide emergency telephone number "911"
 2  system.
 3         (13)  "911" FEE.--
 4         (a)  Following approval by referendum as set forth in
 5  paragraph (b), or following approval by a majority vote of its
 6  board of county commissioners, a county may impose a "911" fee
 7  to be paid by the local exchange subscribers within its
 8  boundaries served by the "911" service. Proceeds from the
 9  "911" fee shall be used only for "911" expenditures as set
10  forth in subparagraph 6. The manner of imposing and collecting
11  said payment shall be as follows:
12         1.  At the request of the county subscribing to "911"
13  service, the telephone company shall, insofar as is
14  practicable, bill the "911" fee to the local exchange
15  subscribers served by the "911" service, on an individual
16  access line basis, at a rate not to exceed 50 cents per month
17  per line (up to a maximum of 25 access lines per account bill
18  rendered). However, the fee may not be assessed on any pay
19  telephone in this state. A county collecting the fee for the
20  first time may collect the fee for no longer than 36 months
21  without initiating the acquisition of its "911" equipment.
22         2.  Fees collected by the telephone company pursuant to
23  subparagraph 1. shall be returned to the county, less the
24  costs of administration retained pursuant to paragraph (c).
25  The county shall provide a minimum of 90 days' written notice
26  to the telephone company prior to the collection of any "911"
27  fees.
28         3.  Any county that currently has an operational "911"
29  system or that is actively pursuing the implementation of a
30  "911" system shall establish a fund to be used exclusively for
31  receipt and expenditure of "911" fee revenues collected
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 1  pursuant to this section. All fees placed in said fund, and
 2  any interest accrued thereupon, shall be used solely for "911"
 3  costs described in subparagraph 6. The money collected and
 4  interest earned in this fund shall be appropriated for "911"
 5  purposes by the county commissioners and incorporated into the
 6  annual county budget. Such fund shall be included within the
 7  financial audit performed in accordance with s. 218.39. A
 8  report of the audit shall be forwarded to the department
 9  office within 60 days of its completion. A county may carry
10  forward on an annual basis unspent moneys in the fund for
11  expenditures allowed by this section, or it may reduce its
12  fee. However, in no event shall a county carry forward more
13  than 10 percent of the "911" fee billed for the prior year.
14  The amount of moneys carried forward each year may be
15  accumulated in order to allow for capital improvements
16  described in this subsection. The carryover shall be
17  documented by resolution of the board of county commissioners
18  expressing the purpose of the carryover or by an adopted
19  capital improvement program identifying projected expansion or
20  replacement expenditures for "911" equipment and service
21  features, or both. In no event shall the "911" fee carryover
22  surplus moneys be used for any purpose other than for the
23  "911" equipment, service features, and installation charges
24  authorized in subparagraph 6. Nothing in this section shall
25  prohibit a county from using other sources of revenue for
26  improvements, replacements, or expansions of its "911" system.
27  A county may increase its fee for purposes authorized in this
28  section. However, in no case shall the fee exceed 50 cents per
29  month per line. All current "911" fees shall be reported to
30  the department office within 30 days of the start of each
31  county's fiscal period. Any fee adjustment made by a county
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 1  shall be reported to the department office. A county shall
 2  give the telephone company a 90-day written notice of such fee
 3  adjustment.
 4         4.  The telephone company shall have no obligation to
 5  take any legal action to enforce collection of the "911" fee.
 6  The telephone company shall provide quarterly to the county a
 7  list of the names, addresses, and telephone numbers of any and
 8  all subscribers who have identified to the telephone company
 9  their refusal to pay the "911" fee.
10         5.  The county subscribing to "911" service shall
11  remain liable to the telephone company for any "911" service,
12  equipment, operation, or maintenance charge owed by the county
13  to the telephone company.
14  
15  As used in this paragraph, "telephone company" means an
16  exchange telephone service provider of "911" service or
17  equipment to any county within its certificated area.
18         6.  It is the intent of the Legislature that the "911"
19  fee authorized by this section to be imposed by counties will
20  not necessarily provide the total funding required for
21  establishing or providing the "911" service. For purposes of
22  this section, "911" service includes the functions of database
23  management, call taking, location verification, and call
24  transfer. The following costs directly attributable to the
25  establishment and/or provision of "911" service are eligible
26  for expenditure of moneys derived from imposition of the "911"
27  fee authorized by this section: the acquisition,
28  implementation, and maintenance of Public Safety Answering
29  Point (PSAP) equipment and "911" service features, as defined
30  in the Florida Public Service Commission's lawfully approved
31  "911" and related tariffs and/or the acquisition,
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 1  installation, and maintenance of other "911" equipment,
 2  including call answering equipment, call transfer equipment,
 3  ANI controllers, ALI controllers, ANI displays, ALI displays,
 4  station instruments, "911" telecommunications systems,
 5  teleprinters, logging recorders, instant playback recorders,
 6  telephone devices for the deaf (TDD) used in the "911" system,
 7  PSAP backup power systems, consoles, automatic call
 8  distributors, and interfaces (hardware and software) for
 9  computer-aided dispatch (CAD) systems; salary and associated
10  expenses for "911" call takers for that portion of their time
11  spent taking and transferring "911" calls; salary and
12  associated expenses for a county to employ a full-time
13  equivalent "911" coordinator position and a full-time
14  equivalent staff assistant position per county for the portion
15  of their time spent administrating the "911" system; training
16  costs for PSAP call takers in the proper methods and
17  techniques used in taking and transferring "911" calls;
18  expenses required to develop and maintain all information (ALI
19  and ANI databases and other information source repositories)
20  necessary to properly inform call takers as to location
21  address, type of emergency, and other information directly
22  relevant to the "911" call-taking and transferring function;
23  and, in a county defined in s. 125.011(1), such expenses
24  related to a nonemergency "311" system, or similar
25  nonemergency system, which improves the overall efficiency of
26  an existing "911" system or reduces "911" emergency response
27  time for a 2-year pilot project that ends June 30, 2003.
28  However, no wireless telephone service provider shall be
29  required to participate in this pilot project or to otherwise
30  implement a nonemergency "311" system or similar nonemergency
31  system. The "911" fee revenues shall not be used to pay for
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 1  any item not listed, including, but not limited to, any
 2  capital or operational costs for emergency responses which
 3  occur after the call transfer to the responding public safety
 4  entity and the costs for constructing buildings, leasing
 5  buildings, maintaining buildings, or renovating buildings,
 6  except for those building modifications necessary to maintain
 7  the security and environmental integrity of the PSAP and "911"
 8  equipment rooms.
 9         7.  It is the goal of the Legislature that enhanced
10  "911" service be available throughout the state. Expenditure
11  by counties of the "911" fees authorized by this section
12  should support this goal to the greatest extent feasible
13  within the context of local service needs and fiscal
14  capability. Nothing in this section shall be construed to
15  prohibit two or more counties from establishing a combined
16  emergency "911" telephone service by interlocal agreement and
17  utilizing the "911" fees authorized by this section for such
18  combined "911" service.
19  
20  As used in this paragraph, "telephone company" means an
21  exchange telephone service provider of "911" service or
22  equipment to any county within its certificated area.
23         Section 32.  Paragraph (d) of subsection (2), paragraph
24  (f) of subsection (3), subsection (4), paragraph (a) of
25  subsection (5), and paragraphs (c) and (d) of subsection (6)
26  of section 365.172, Florida Statutes, are amended to read:
27         365.172  Wireless emergency telephone number "E911."--
28         (2)  FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The
29  Legislature finds and declares that:
30         (d)  The revenues generated by the E911 fee imposed
31  under this section are required to fund the efforts of the
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 1  counties, the Wireless 911 Board under the Department of
 2  Management Services State Technology Office, and commercial
 3  mobile radio service providers to improve the public health,
 4  safety, and welfare and serve a public purpose by providing
 5  emergency telephone assistance through wireless
 6  communications.
 7         (3)  DEFINITIONS.--As used in this section and ss.
 8  365.173 and 365.174, the term:
 9         (f)  "Department Office" means the Department of
10  Management Services State Technology Office.
11         (4)  POWERS AND DUTIES OF THE DEPARTMENT OFFICE.--The
12  department office shall oversee the administration of the fee
13  imposed on subscribers of statewide E911 service under
14  subsection (8).
15         (5)  THE WIRELESS 911 BOARD.--
16         (a)  The Wireless 911 Board is established to
17  administer, with oversight by the department office, the fee
18  imposed under subsection (8), including receiving revenues
19  derived from the fee; distributing portions of such revenues
20  to providers, counties, and the department office; accounting
21  for receipts, distributions, and income derived by the funds
22  maintained in the fund; and providing annual reports to the
23  Governor and the Legislature for submission by the department
24  office on amounts collected and expended, the purposes for
25  which expenditures have been made, and the status of wireless
26  E911 service in this state. In order to advise and assist the
27  department office in carrying out the purposes of this
28  section, the board, which shall have the power of a body
29  corporate, shall have the powers enumerated in subsection (6).
30         (6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
31  
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 1         (c)  By February 28 of each year, the board shall
 2  prepare a report for submission by the department office to
 3  the Governor, the President of the Senate, and the Speaker of
 4  the House of Representatives which reflects, for the
 5  immediately preceding calendar year, the quarterly and annual
 6  receipts and disbursements of moneys in the fund, the purposes
 7  for which disbursements of moneys from the fund have been
 8  made, and the availability and status of implementation of
 9  E911 service in this state.
10         (d)  By February 28, 2001, the board shall undertake
11  and complete a study for submission by the department office
12  to the Governor, the President of the Senate, and the Speaker
13  of the House of Representatives which addresses:
14         1.  The total amount of E911 fee revenues collected by
15  each provider, the total amount of expenses incurred by each
16  provider to comply with the order, and the amount of moneys on
17  deposit in the fund, all as of December 1, 2000.
18         2.  Whether the amount of the E911 fee and the
19  allocation percentages set forth in s. 365.173 should be
20  adjusted to comply with the requirements of the order, and, if
21  so, a recommended adjustment to the E911 fee.
22         3.  Any other issues related to providing wireless E911
23  services.
24         Section 33.  Subsections (2), (5), (6), and (9) of
25  section 445.049, Florida Statutes, are amended to read:
26         445.049  Digital Divide Council.--
27         (2)  DIGITAL DIVIDE COUNCIL.--The Digital Divide
28  Council is created in the Department of Management Services
29  State Technology Office. The council shall consist of:
30  
31  
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 1         (a)  The Secretary of Management Services or his or her
 2  designee chief information officer in the State Technology
 3  Office.
 4         (b)  The director of the Office of Tourism, Trade, and
 5  Economic Development in the Executive Office of the Governor.
 6         (c)  The president of Workforce Florida, Inc.
 7         (d)  The director of the Agency for Workforce
 8  Innovation.
 9         (e)  The chair of itflorida.com, Inc.
10         (f)  The Commissioner of Education.
11         (g)  The chair of the Network Access Point of the
12  Americas.
13         (h)  A representative of the information technology
14  industry in this state appointed by the Speaker of the House
15  of Representatives.
16         (i)  A representative of the information technology
17  industry in this state appointed by the President of the
18  Senate.
19         (j)  Two members of the House of Representatives, who
20  shall be ex officio, nonvoting members of the council,
21  appointed by the Speaker of the House of Representatives, one
22  of whom shall be a member of the Republican Caucus and the
23  other of whom shall be a member of the Democratic Caucus.
24         (k)  Two members of the Senate, who shall be ex
25  officio, nonvoting members of the council, appointed by the
26  President of the Senate, one of whom shall be a member of the
27  Republican Caucus and the other of whom shall be a member of
28  the Democratic Caucus.
29         (5)  ADMINISTRATIVE AND TECHNICAL SUPPORT; PAYMENT OF
30  SUPPORT COSTS.--The Department of Management Services State
31  Technology Office shall provide such administrative and
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 1  technical support to the council as is reasonably necessary
 2  for the council to effectively and timely carry out its duties
 3  and responsibilities. All direct and indirect costs of
 4  providing such support and performing the other duties
 5  assigned to the Department of Management Services State
 6  Technology Office related to design and implementation of the
 7  programs authorized by this section may be paid from
 8  appropriations authorized to be used for such purposes.
 9         (6)  POWERS AND DUTIES OF COUNCIL.--The council,
10  through the Department of Management Services State Technology
11  Office, is authorized and empowered to facilitate the design
12  and implementation of programs that are aimed at achieving the
13  objectives and goals stated in this section. The Department of
14  Management Services State Technology Office shall present and
15  demonstrate to the council the design characteristics and
16  functional elements of each program proposed to be implemented
17  to achieve the objectives and goals stated in this section and
18  each such program shall be reviewed and approved by the
19  council before being implemented. Such programs shall
20  initially be implemented as pilot programs in a minimum of six
21  different areas of the state to develop model programs that
22  are likely to be successful if implemented throughout the
23  state. The areas of the state where the pilot programs are
24  implemented shall be selected by the council with the
25  objectives of testing the merits of the programs in each
26  geographic region of the state and providing equal exposure of
27  the programs to urban and rural communities alike.
28  Implementation of all such pilot and model programs shall be
29  administered by and through the local workforce development
30  boards and each such board shall coordinate and confirm the
31  ready availability and timely delivery of all elements of such
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 1  programs to ensure the highest probability of such programs
 2  achieving their intended results.
 3         (9)  ANNUAL REPORT.--By March 1 each year, 2002, the
 4  council, through the Department of Management Services State
 5  Technology Office, shall report to the Executive Office of the
 6  Governor, the Speaker of the House of Representatives, and the
 7  President of the Senate the results of the council's
 8  monitoring, reviewing, and evaluating such programs since
 9  their inception and the council's recommendations as to
10  whether such programs should be continued and expanded to
11  achieve the objectives and goals stated in this section.
12         Section 34.  For fiscal year 2005-2006, 16 positions
13  are authorized and $2.0 million are appropriated from
14  recurring General Revenue to the Florida Technology Council in
15  the Department of Management Services to provide for personnel
16  and other expenses necessary to implement the provisions of
17  this act. The Executive Office of the Governor shall place
18  these positions and funds in reserve until such time as the
19  Department of Management Services submits an expenditure plan
20  for approval to the Executive Office of the Governor, the
21  House Fiscal Council, and the Senate Ways and Means Committee,
22  pursuant to the provisions of s. 216.177, Florida Statutes.
23         Section 35.  This act shall take effect July 1, 2005.
24  
25  
26  
27  
28  
29  
30  
31  
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