HB 1927

1	A bill to be entitled
2	An act relating to information technology management;
3	reorganizing the State Technology Office and its powers,
4	duties, and functions within the Department of Management
5	Services; amending s. 20.22, F.S.; establishing the
6	Technology Program in the Department of Management
7	Services; removing duty of the State Technology Office to
8	operate and manage the Technology Resource Center;
9	amending s. 186.022, F.S.; conforming reference to a
10	report; amending s. 216.0446, F.S.; revising duties of the
11	legislative Technology Review Workgroup to remove
12	participation of the State Technology Office; conforming
13	reference to a report; repealing s. 216.292(1)(c), F.S.,
14	relating to provisions authorizing transfer of positions
15	and appropriations in fiscal year 2001-2002 for the
16	purpose of consolidating information technology resources;
17	amending s. 282.0041, F.S.; revising definitions for
18	purposes of information resources management; renaming the
19	Agency Annual Enterprise Resource Planning and Management
20	Report as the Agency Annual Information Technology
21	Investment Portfolio Report; providing for appointment of
22	an agency chief information officer by the agency head;
23	defining the term "department"; renaming the State Annual
24	Report on Enterprise Resource Planning and Management as
25	the State Annual Information Technology Investment
26	Portfolio Report; amending s. 282.005, F.S.; revising
27	legislative findings and intent with respect to the
28	Information Resources Management Act of 1997; revising
29	state agency responsibilities with respect to information
30	technology infrastructure; providing agencies with primary
31	responsibility for information technology management;
32	deleting assignment of certain information technology
33	functions to the State Technology Office; deleting a
34	provision providing the State Technology Office take no
35	action affecting any Cabinet officer; amending s. 282.102,
36	F.S.; removing provisions for the creation, powers, and
37	duties of the State Technology Office; removing provisions
38	for a Chief Information Officer and a State Chief Privacy
39	Officer; removing provisions relating to information
40	technology and enterprise resource management; providing
41	powers, duties, and functions of the Department of
42	Management Services for operating the statewide
43	communications system; transferring powers and duties
44	relating to communications systems from the State
45	Technology Office to the Department of Management
46	Services; authorizing the department to adopt rules;
47	authorizing the department to set a fee for placement of
48	certain telecommunications facilities on state property;
49	amending ss. 282.103, 282.104, 282.105, 282.106, 282.107,
50	282.1095, and 282.111, F.S., relating to the SUNCOM
51	Network, the state agency law enforcement radio system and
52	interoperability network, and the statewide system of
53	regional law enforcement communications to conform
54	references to changes made by the act; amending s. 282.20,
55	F.S.; providing for operation and management of the
56	Technology Resource Center by the Department of Management
57	Services; amending s. 282.21, F.S.; authorizing the
58	department to collect fees for providing remote electronic
59	access; removing provisions for collection of such fees by
60	the State Technology Office; amending s. 282.22, F.S.;
61	providing for dissemination of materials, products,
62	information, and services acquired or developed by or
63	under the direction of the department; removing reference
64	to the State Technology Office with respect to such
65	materials, products, information, and services; repealing
66	s. 282.23, F.S., relating to establishment of a State
67	Strategic Information Technology Alliance for the
68	acquisition and use of information technology and related
69	material; creating s. 282.3025, F.S.; providing for
70	creation, powers, and duties of the State Technology
71	Office within the Department of Management Services;
72	providing for a State Chief Information Officer appointed
73	by the secretary of the department; providing for
74	development of enterprise information technology mission,
75	goals, and objectives and plans for achieving the mission,
76	goals, and objectives; providing for development of
77	enterprise information technology policies, standards,
78	guidelines, and procedures; providing for project
79	management services; providing for review and
80	recommendations to the Governor and the Legislature
81	regarding agency information technology projects and
82	plans; providing for preparation of state reports and
83	memoranda; amending s. 282.3031, F.S.; deleting assignment
84	of certain information technology functions to the State
85	Technology Office; conforming terminology; amending s.
86	282.3032, F.S.; revising certain principles relating to
87	management of the state's information technology
88	resources; conforming terminology; amending s. 282.3055,
89	F.S.; providing for appointment of the agency chief
90	information officer by the agency head; providing for
91	staffing and supporting of an agency information
92	technology investment board; conforming terminology;
93	amending s. 282.3063, F.S.; renaming the Agency Annual
94	Enterprise Resource Planning and Management Report as the
95	Agency Annual Information Technology Investment Portfolio
96	Report; revising content requirements for the report;
97	amending s. 282.310, F.S.; renaming the State Annual
98	Report on Enterprise Resource Planning and Management as
99	the State Annual Information Technology Investment
100	Portfolio Report; revising content requirements for the
101	report; amending s. 282.315, F.S.; revising duties of the
102	Agency Chief Information Officers Council; providing for
103	the council to assist the State Technology Office for
104	certain purposes, identify opportunities to meet specified
105	information technology guidelines, and make certain
106	recommendations to the State Technology Office; providing
107	for the appointment and terms of officers; amending s.
108	282.318, F.S.; changing the popular name; removing
109	responsibility of the State Technology Office; providing
110	that each agency head is responsible and accountable for
111	ensuring an adequate level of security for data and
112	information; providing for certain security requirements
113	to be determined by the department; conforming
114	terminology; amending ss. 365.171 and 365.172, F.S.,
115	relating to statewide emergency telephone number systems;
116	designating duties of the State Technology Office as
117	duties of the Department of Management Services;
118	conforming requirements with respect thereto; providing an
119	effective date.
120
121	Be It Enacted by the Legislature of the State of Florida:
122
123	Section 1.  Section 20.22, Florida Statutes, is amended to
124	read:
125	20.22  Department of Management Services.--There is created
126	a Department of Management Services.
127	(1)  The head of the Department of Management Services is
128	the Secretary of Management Services, who shall be appointed by
129	the Governor, subject to confirmation by the Senate, and shall
130	serve at the pleasure of the Governor.
131	(2)  The following divisions and programs within the
132	Department of Management Services are established:
133	(a)  Facilities Program.
134	(b)  State Technology Program Office.
135	(c)  Workforce Program.
136	(d)1.  Support Program.
137	2.  Federal Property Assistance Program.
138	(e)  Administration Program.
139	(f)  Division of Administrative Hearings.
140	(g)  Division of Retirement.
141	(h)  Division of State Group Insurance.
142	(i)  State Technology Office.
143	(3)  The State Technology Office shall operate and manage
144	the Technology Resource Center.
145	(3)(4)  The duties of the Chief Labor Negotiator shall be
146	determined by the Secretary of Management Services, and must
147	include, but need not be limited to, the representation of the
148	Governor as the public employer in collective bargaining
149	negotiations pursuant to the provisions of chapter 447.
150	Section 2.  Section 186.022, Florida Statutes, is amended
151	to read:
152	186.022  Information technology strategic plans.--By June 1
153	of each year, the Financial Management Information Board, the
154	Criminal and Juvenile Justice Information Systems Council, and
155	the Health Information Systems Council shall each develop and
156	submit to the State Technology Office an information technology
157	strategic plan in a form and manner prescribed in written
158	instructions from the State Technology Office in consultation
159	with the Executive Office of the Governor and the legislative
160	appropriations committees. The State Technology Office shall
161	review each such strategic plan and shall determine whether each
162	such plan is consistent with the State Annual Information
163	Technology Investment Portfolio Report on Enterprise Resource
164	Planning and Management and statewide policies adopted by the
165	State Technology Office, and by July 1 of each year shall
166	develop and transmit to each such board and council a written
167	expression of its findings, conclusions, and required changes,
168	if any, with respect to each such strategic plan. If any change
169	to any such strategic plan is required, each affected board and
170	council shall revise its strategic plan to the extent necessary
171	to incorporate such required changes and shall resubmit its
172	strategic plan to the State Technology Office for final approval
173	and acceptance.
174	Section 3.  Section 216.0446, Florida Statutes, is amended
175	to read:
176	216.0446  Review of information resources management
177	needs.--
178	(1)  There is created within the Legislature the Technology
179	Review Workgroup. The workgroup and the State Technology Office
180	shall independently review and make recommendations with respect
181	to the portion of agencies' long-range program plans which
182	pertains to information technology resources management needs
183	and with respect to agencies' legislative budget requests for
184	information technology and related resources. The Technology
185	Review Workgroup shall report such recommendations, together
186	with the findings and conclusions on which such recommendations
187	are based, to the Legislative Budget Commission. The State
188	Technology Office shall report such recommendations, together
189	with the findings and conclusions on which such recommendations
190	are based, to the Executive Office of the Governor and to the
191	chairs of the legislative appropriations committees.
192	(2)  In addition to its primary duty specified in
193	subsection (1), the Technology Review Workgroup shall have
194	powers and duties that include, but are not limited to, the
195	following:
196	(a)  To evaluate the information resource management needs
197	identified in the agency long-range program plans for
198	consistency with the State Annual Information Technology
199	Investment Portfolio Report on Enterprise Resource Planning and
200	Management and statewide policies recommended by the State
201	Technology Office, and make recommendations to the Legislative
202	Budget Commission.
203	(b)  To review and make recommendations to the Legislative
204	Budget Commission on proposed budget amendments and agency
205	transfers associated with information technology initiatives or
206	projects that involve more than one agency, that have an outcome
207	that impacts another agency, that exceed $500,000 in total cost
208	over a 1-year period, or that are requested by the Legislative
209	Budget Commission to be reviewed.
210	Section 4.  Paragraph (c) of subsection (1) of section
211	216.292, Florida Statutes, is repealed.
212	Section 5.  Section 282.0041, Florida Statutes, is amended
213	to read:
214	282.0041  Definitions.--For the purposes of this part, the
215	term:
216	(1)  "Agency" means those entities described in s.
217	216.011(1)(qq).
218	(2)  "Agency Annual Information Technology Investment
219	Portfolio Enterprise Resource Planning and Management Report"
220	means the report prepared by each agency chief information
221	officer as required by s. 282.3063.
222	(3)  "Agency chief information officer" means the person
223	appointed by the agency head State Technology Office to
224	coordinate and manage the information technology policies and
225	activities applicable to that agency.
226	(4)  "Agency Chief Information Officers Council" means the
227	council created in s. 282.315 to facilitate the sharing and
228	coordination of information technology issues and initiatives
229	among the agencies.
230	(5)  "Department" means the Department of Management
231	Services.
232	(6)(7)  "Information technology" means equipment, hardware,
233	software, firmware, programs, systems, networks, infrastructure,
234	media, and related material used to automatically,
235	electronically, and wirelessly collect, receive, access,
236	transmit, display, store, record, retrieve, analyze, evaluate,
237	process, classify, manipulate, manage, assimilate, control,
238	communicate, exchange, convert, converge, interface, switch, or
239	disseminate information of any kind or form.
240	(7)(5)  "Information technology Enterprise resources
241	management infrastructure" means the hardware, software,
242	networks, data, human resources, policies, standards,
243	facilities, maintenance, and related materials and services that
244	are required to support the business processes of an agency or
245	state enterprise.
246	(8)(6)  "Information technology Enterprise resource
247	planning and management" means the planning, budgeting,
248	acquiring, developing, organizing, directing, training, control,
249	and related services associated with government information
250	technology. The term encompasses information and related
251	resources, as well as the controls associated with their
252	acquisition, development, dissemination, and use.
253	(9)(8)  "Project" means an undertaking directed at the
254	implementation accomplishment of information technology to
255	achieve a strategic objective relating to enterprise resources
256	management or a specific appropriated program.
257	(10)(9)  "State Annual Information Technology Investment
258	Portfolio Report on Enterprise Resource Planning and Management"
259	means the report defined in s. 282.310 and prepared by the State
260	Technology Office as defined in s. 282.102.
261	(11)(10)  "Standards" means the model definitions for
262	information technology which promote the use of current, open,
263	nonproprietary, or non-vendor-specific technologies.
264	(12)(11)  "State Technology Office" or "office" means the
265	office created in s. 282.3025 282.102.
266	(13)(12)  "Total cost" means all costs associated with
267	information technology projects or initiatives, including, but
268	not limited to, value of hardware, software, service,
269	maintenance, incremental personnel, and facilities. Total cost
270	of a loan or gift of information technology resources to an
271	agency includes the fair market value of the resources, except
272	that the total cost of loans or gifts of information technology
273	to state universities to be used in instruction or research does
274	not include fair market value.
275	Section 6.  Section 282.005, Florida Statutes, is amended
276	to read:
277	282.005  Legislative findings and intent.--The Legislature
278	finds that:
279	(1)  Information is a strategic asset of the state, and, as
280	such, it should be managed as a valuable state resource.
281	(2)  The state makes significant investments in information
282	technology in order to manage information and to provide
283	services to its citizens.
284	(3)  An office must be created to provide support and
285	guidance to enhance the state's use and management of
286	information technology and to design, procure, and deploy, on
287	behalf of the state, information technology.
288	(4)  The cost-effective deployment of information
289	technology by state agencies can best be managed by a Chief
290	Information Officer.
291	(3)(5)  The agency head State Technology Office has primary
292	responsibility and accountability for the planning, budgeting,
293	acquisition, development, implementation, use, and management of
294	information technology within the agency and for its use in
295	accomplishing the agency's mission. Each agency shall also use
296	its information technology in the best interest of the state and
297	make use of shared data and related resources state. The State
298	Technology Office shall use the state's information technology
299	in the best interest of the state as a whole and shall
300	contribute to and make use of shared data and related resources
301	whenever appropriate. Each agency head has primary
302	responsibility and accountability for setting agency priorities,
303	identifying business needs, and determining agency services and
304	programs to be developed as provided by law. The State
305	Technology Office, through service level agreements with each
306	agency, shall provide the information technology needed for the
307	agency to accomplish its mission.
308	(4)(6)  The expanding need for, use of, and dependence on
309	information technology requires focused management attention and
310	managerial accountability by state agencies and the State
311	Technology Office on behalf of the state as a whole.
312	(5)(7)  The state and state entities , through the State
313	Technology Office, shall provide, by whatever means is most
314	cost-effective and efficient, the information technology,
315	enterprise resource planning and management, and information
316	technology enterprise resource management infrastructure needed
317	to conduct the state's business collect, store, and process the
318	state's data and information, provide connectivity, and
319	facilitate the exchange of data and information among both
320	public and private parties.
321	(6)(8)  A necessary part of the state's information
322	technology infrastructure is a statewide communications system
323	for all types of signals, including, but not limited to, voice,
324	data, video, radio, telephone, wireless, and image.
325	(7)(9)  To ensure the best management of the state's
326	information technology and notwithstanding other provisions of
327	law to the contrary, the functions of information technology are
328	assigned to the university boards of trustees for the
329	development and implementation of planning, management,
330	rulemaking, standards, and guidelines for the state
331	universities; to the community college boards of trustees for
332	establishing and developing rules for the community colleges; to
333	the Supreme Court, for the judicial branch; and to each state
334	attorney and public defender; and to the State Technology Office
335	for the executive branch of state government.
336	(10)  The State Technology Office shall take no action
337	affecting the supervision, control, management, or coordination
338	of information technology and information technology personnel
339	that any cabinet officer listed in s. 4, Art. IV of the State
340	Constitution deems necessary for the exercise of his or her
341	statutory or constitutional duties.
342	Section 7.  Section 282.102, Florida Statutes, is amended
343	to read:
344	282.102  Creation of the State Technology Office; Powers
345	and duties of the Department of Management Services relating to
346	state communications system.--There is created a State
347	Technology Office within The Department of Management Services.
348	The office shall be a separate budget entity, and shall be
349	headed by a Chief Information Officer who is appointed by the
350	Governor and is in the Senior Management Service. The Chief
351	Information Officer shall be an agency head for all purposes.
352	The Department of Management Services shall provide
353	administrative support and service to the office to the extent
354	requested by the Chief Information Officer. The office may adopt
355	policies and procedures regarding personnel, procurement, and
356	transactions for State Technology Office personnel. The office
357	shall have the following powers, duties, and functions in
358	operating the statewide communications system:
359	(1)  To publish electronically the portfolio of services
360	available from the department office, including pricing
361	information; the policies and procedures of the department
362	office governing usage of available services; and a forecast of
363	the priorities and initiatives for the state communications
364	system for the ensuing 2 years.
365	(2)  To adopt rules implementing policies and procedures
366	providing best practices to be followed by agencies in
367	acquiring, using, upgrading, modifying, replacing, or disposing
368	of information technology.
369	(3)  To perform, in consultation with an agency, the
370	enterprise resource planning and management for the agency.
371	(2)(4)  To advise and render aid to state agencies and
372	political subdivisions of the state as to systems or methods to
373	be used for organizing and meeting communications information
374	technology requirements efficiently and effectively.
375	(5)  To integrate the information technology systems and
376	services of state agencies.
377	(3)(6)  To adopt technical standards for the state
378	communications information technology system which will assure
379	the interconnection of computer networks and information systems
380	of agencies.
381	(4)(7)  To assume management responsibility for any
382	consolidated communications system integrated information
383	technology system or service when determined by the department
384	office to be economically efficient or performance-effective.
385	(5)(8)  To enter into agreements for the support and use of
386	communications systems related to information technology with
387	state agencies and political subdivisions of the state.
388	(6)(9)  To use and acquire, with agency concurrence,
389	communications facilities information technology now owned or
390	operated by any agency.
391	(7)(10)  To purchase from or contract with suppliers and
392	communications companies information technology providers for
393	communications facilities and services information technology,
394	including private line services.
395	(8)(11)  To apply for, receive, and hold, and to assist
396	agencies in applying for, receiving, or holding, such
397	authorizations, patents, copyrights, trademarks, service marks,
398	licenses, and allocations or channels and frequencies to carry
399	out the purposes of this part.
400	(9)(12)  To purchase, lease, or otherwise acquire and to
401	hold, sell, transfer, license, or otherwise dispose of real,
402	personal, and intellectual property, including, but not limited
403	to, patents, trademarks, copyrights, and service marks.
404	(10)(13)  To cooperate with any federal, state, or local
405	emergency management agency in providing for emergency
406	communications services.
407	(11)(14)  To delegate, as necessary, to state agencies the
408	authority to purchase, lease, or otherwise acquire and to use
409	communications equipment, facilities, and services information
410	technology or, as necessary, to control and approve the
411	purchase, lease, or acquisition and the use of all
412	communications equipment, services, and facilities information
413	technology, including, but not limited to, communications
414	services provided as part of any other total system to be used
415	by the state or any of its agencies.
416	(12)(15)  To acquire ownership, possession, custody, and
417	control of existing communications equipment and facilities,
418	including all right, title, interest, and equity therein, as
419	necessary, to carry out the purposes of this part. However, the
420	provisions of this subsection shall in no way affect the rights,
421	title, interest, or equity in any such equipment or facilities
422	owned by, or leased to, the state or any state agency by any
423	telecommunications company.
424	(13)(16)  To adopt rules pursuant to ss. 120.536(1) and
425	120.54 relating to the use of communications systems information
426	technology and to administer the provisions of this part.
427	(14)(17)  To provide a means whereby political subdivisions
428	of the state may use state communications information technology
429	systems upon such terms and under such conditions as the
430	department office may establish.
431	(15)(18)  To apply for and accept federal funds for any of
432	the purposes of this part as well as gifts and donations from
433	individuals, foundations, and private organizations.
434	(16)(19)  To monitor issues relating to communications
435	facilities and services before the Florida Public Service
436	Commission and, when necessary, prepare position papers, prepare
437	testimony, appear as a witness, and retain witnesses on behalf
438	of state agencies in proceedings before the commission.
439	(17)(20)  Unless delegated to the agencies by the Chief
440	Information Officer, to manage and control, but not intercept or
441	interpret, communications within the SUNCOM Network by:
442	(a)  Establishing technical standards to physically
443	interface with the SUNCOM Network.
444	(b)  Specifying how communications are transmitted within
445	the SUNCOM Network.
446	(c)  Controlling the routing of communications within the
447	SUNCOM Network.
448	(d)  Establishing standards, policies, and procedures for
449	access to the SUNCOM Network.
450	(e)  Ensuring orderly and reliable communications services
451	in accordance with the service level agreements executed with
452	state agencies.
453	(21)  To plan, design, and conduct experiments for
454	information technology services, equipment, and technologies,
455	and to implement enhancements in the state information
456	technology system when in the public interest and cost-
457	effective. Funding for such experiments shall be derived from
458	SUNCOM Network service revenues and shall not exceed 2 percent
459	of the annual budget for the SUNCOM Network for any fiscal year
460	or as provided in the General Appropriations Act. New services
461	offered as a result of this subsection shall not affect existing
462	rates for facilities or services.
463	(18)(22)  To enter into contracts or agreements, with or
464	without competitive bidding or procurement, to make available,
465	on a fair, reasonable, and nondiscriminatory basis, property and
466	other structures under department office control for the
467	placement of new facilities by any wireless provider of mobile
468	service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any
469	telecommunications company as defined in s. 364.02 when it is
470	determined to be practical and feasible to make such property or
471	other structures available. The department office may, without
472	adopting a rule, charge a just, reasonable, and
473	nondiscriminatory fee for the placement of the facilities,
474	payable annually, based on the fair market value of space used
475	by comparable communications facilities in the state. The
476	department office and a wireless provider or telecommunications
477	company may negotiate the reduction or elimination of a fee in
478	consideration of services provided to the department office by
479	the wireless provider or telecommunications company. All such
480	fees collected by the department office shall be deposited
481	directly into the Law Enforcement Radio Operating Trust Fund,
482	and may be used by the department office to construct, maintain,
483	or support the system.
484	(19)(23)  To provide an integrated electronic system for
485	deploying government products, services, and information to
486	individuals and businesses which reflects cost-effective
487	deployment strategies in keeping with industry standards and
488	practices and includes protections and security of private
489	information as well as maintenance of public records.
490	(a)  The integrated electronic system shall reflect cost-
491	effective deployment strategies in keeping with industry
492	standards and practices, including protections and security of
493	private information as well as maintenance of public records.
494	(b)  The office shall provide a method for assessing fiscal
495	accountability for the integrated electronic system and shall
496	establish the organizational structure required to implement
497	this system.
498	(24)  To provide administrative support to the Agency Chief
499	Information Officers Council and other workgroups created by the
500	Chief Information Officer.
501	(25)  To facilitate state information technology education
502	and training for senior management and other agency staff.
503	(26)  To prepare, on behalf of the Executive Office of the
504	Governor, memoranda on recommended guidelines and best practices
505	for information resources management, when requested.
506	(27)  To prepare, publish, and disseminate the State Annual
507	Report on Enterprise Resource Planning and Management under s.
508	282.310.
509	(28)  To study and make a recommendation to the Governor
510	and Legislature on the feasibility of implementing online voting
511	in this state.
512	(29)  To facilitate the development of a network access
513	point in this state, as needed.
514	(30)  To designate a State Chief Privacy Officer who shall
515	be responsible for the continual review of policies, laws,
516	rules, and practices of state agencies which may affect the
517	privacy concerns of state residents.
518	Section 8.  Section 282.103, Florida Statutes, is amended
519	to read:
520	282.103  SUNCOM Network; exemptions from the required
521	use.--
522	(1)  There is created within the Department of Management
523	Services State Technology Office the SUNCOM Network which shall
524	be developed to serve as the state communications system for
525	providing local and long-distance communications services to
526	state agencies, political subdivisions of the state,
527	municipalities, state universities, and nonprofit corporations
528	pursuant to ss. 282.101-282.111. The SUNCOM Network shall be
529	developed to transmit all types of communications signals,
530	including, but not limited to, voice, data, video, image, and
531	radio. State agencies shall cooperate and assist in the
532	development and joint use of communications systems and
533	services.
534	(2)  The department State Technology Office shall design,
535	engineer, implement, manage, and operate through state
536	ownership, commercial leasing, or some combination thereof, the
537	facilities and equipment providing SUNCOM Network services, and
538	shall develop a system of equitable billings and charges for
539	communication services.
540	(3)  All state agencies and state universities are required
541	to use the SUNCOM Network for agency and state university
542	communications services as the services become available;
543	however, no agency or university is relieved of responsibility
544	for maintaining communications services necessary for effective
545	management of its programs and functions. If a SUNCOM Network
546	service does not meet the communications requirements of an
547	agency or university, the agency or university shall notify the
548	department State Technology Office in writing and detail the
549	requirements for that communications service. If the department
550	office is unable to meet an agency's or university's
551	requirements by enhancing SUNCOM Network service, the department
552	office may grant the agency or university an exemption from the
553	required use of specified SUNCOM Network services.
554	Section 9.  Section 282.104, Florida Statutes, is amended
555	to read:
556	282.104  Use of state SUNCOM Network by
557	municipalities.--Any municipality may request the department
558	State Technology Office to provide any or all of the SUNCOM
559	Network's portfolio of communications services upon such terms
560	and under such conditions as the department office may
561	establish. The requesting municipality shall pay its share of
562	installation and recurring costs according to the published
563	rates for SUNCOM Network services and as invoiced by the
564	department office. Such municipality shall also pay for any
565	requested modifications to existing SUNCOM Network services, if
566	any charges apply.
567	Section 10.  Section 282.105, Florida Statutes, is amended
568	to read:
569	282.105  Use of state SUNCOM Network by nonprofit
570	corporations.--
571	(1)  The department State Technology Office shall provide a
572	means whereby private nonprofit corporations under contract with
573	state agencies or political subdivisions of the state may use
574	the state SUNCOM Network, subject to the limitations in this
575	section. In order to qualify to use the state SUNCOM Network, a
576	nonprofit corporation shall:
577	(a)  Expend the majority of its total direct revenues for
578	the provision of contractual services to the state, a
579	municipality, or a political subdivision of the state; and
580	(b)  Receive only a small portion of its total revenues
581	from any source other than a state agency, a municipality, or a
582	political subdivision of the state during the period of time
583	SUNCOM Network services are requested.
584	(2)  Each nonprofit corporation seeking authorization to
585	use the state SUNCOM Network pursuant to this section shall
586	provide to the department office, upon request, proof of
587	compliance with subsection (1).
588	(3)  Nonprofit corporations established pursuant to general
589	law and an association of municipal governments which is wholly
590	owned by the municipalities shall be eligible to use the state
591	SUNCOM Network, subject to the terms and conditions of the
592	department office.
593	(4)  Institutions qualified to participate in the William
594	L. Boyd, IV, Florida Resident Access Grant Program pursuant to
595	s. 1009.89 shall be eligible to use the state SUNCOM Network,
596	subject to the terms and conditions of the department office.
597	Such entities shall not be required to satisfy the other
598	criteria of this section.
599	(5)  Private, nonprofit elementary and secondary schools
600	shall be eligible for rates and services on the same basis as
601	public schools, providing these nonpublic schools do not have an
602	endowment in excess of $50 million.
603	Section 11.  Section 282.106, Florida Statutes, is amended
604	to read:
605	282.106  Use of SUNCOM Network by libraries.--The
606	department State Technology Office may provide SUNCOM Network
607	services to any library in the state, including libraries in
608	public schools, community colleges, state universities, and
609	nonprofit private postsecondary educational institutions, and
610	libraries owned and operated by municipalities and political
611	subdivisions.
612	Section 12.  Section 282.107, Florida Statutes, is amended
613	to read:
614	282.107  SUNCOM Network; criteria for usage.--
615	(1)  The department State Technology Office shall
616	periodically review the qualifications of subscribers using the
617	state SUNCOM Network and shall terminate services provided to
618	any facility not qualified pursuant to ss. 282.101-282.111 or
619	rules adopted hereunder. In the event of nonpayment of invoices
620	by subscribers whose SUNCOM Network invoices are paid from
621	sources other than legislative appropriations, such nonpayment
622	represents good and sufficient reason to terminate service.
623	(2)  The department State Technology Office shall adopt
624	rules setting forth its procedures for withdrawing and restoring
625	authorization to use the state SUNCOM Network. Such rules shall
626	provide a minimum of 30 days' notice to affected parties prior
627	to termination of voice communications service.
628	(3)  Nothing in this section shall be construed to limit or
629	restrict the ability of the Florida Public Service Commission to
630	set jurisdictional tariffs of telecommunications companies.
631	Section 13.  Section 282.1095, Florida Statutes, is amended
632	to read:
633	282.1095  State agency law enforcement radio system and
634	interoperability network.--
635	(1)  The department State Technology Office may acquire and
636	implement a statewide radio communications system to serve law
637	enforcement units of state agencies, and to serve local law
638	enforcement agencies through mutual aid channels. The Joint Task
639	Force on State Agency Law Enforcement Communications is
640	established in the department State Technology Office to advise
641	the department office of member-agency needs for the planning,
642	designing, and establishment of the joint system. The State
643	Agency Law Enforcement Radio System Trust Fund is established in
644	the department State Technology Office. The trust fund shall be
645	funded from surcharges collected under ss. 320.0802 and 328.72.
646	(2)(a)  The Joint Task Force on State Agency Law
647	Enforcement Communications shall consist of eight members, as
648	follows:
649	1.  A representative of the Division of Alcoholic Beverages
650	and Tobacco of the Department of Business and Professional
651	Regulation who shall be appointed by the secretary of the
652	department.
653	2.  A representative of the Division of Florida Highway
654	Patrol of the Department of Highway Safety and Motor Vehicles
655	who shall be appointed by the executive director of the
656	department.
657	3.  A representative of the Department of Law Enforcement
658	who shall be appointed by the executive director of the
659	department.
660	4.  A representative of the Fish and Wildlife Conservation
661	Commission who shall be appointed by the executive director of
662	the commission.
663	5.  A representative of the Division of Law Enforcement of
664	the Department of Environmental Protection who shall be
665	appointed by the secretary of the department.
666	6.  A representative of the Department of Corrections who
667	shall be appointed by the secretary of the department.
668	7.  A representative of the Division of State Fire Marshal
669	of the Department of Financial Services who shall be appointed
670	by the State Fire Marshal.
671	8.  A representative of the Department of Transportation
672	who shall be appointed by the secretary of the department.
673	(b)  Each appointed member of the joint task force shall
674	serve at the pleasure of the appointing official. Any vacancy on
675	the joint task force shall be filled in the same manner as the
676	original appointment. Any joint task force member may, upon
677	notification to the chair prior to the beginning of any
678	scheduled meeting, appoint an alternative to represent the
679	member on the task force and vote on task force business in his
680	or her absence.
681	(c)  The joint task force shall elect a chair from among
682	its members to serve a 1-year term. A vacancy in the chair of
683	the joint task force must be filled for the remainder of the
684	unexpired term by an election of the joint task force members.
685	(d)  The joint task force shall meet as necessary, but at
686	least quarterly, at the call of the chair and at the time and
687	place designated by him or her.
688	(e)  The per diem and travel expenses incurred by a member
689	of the joint task force in attending its meetings and in
690	attending to its affairs shall be paid pursuant to s. 112.061,
691	from funds budgeted to the state agency that the member
692	represents.
693	(f)  The department State Technology Office is hereby
694	authorized to rent or lease space on any tower under its
695	control. The department office may also rent, lease, or sublease
696	ground space as necessary to locate equipment to support
697	antennae on the towers. The costs for use of such space shall be
698	established by the department office for each site, when it is
699	determined to be practicable and feasible to make space
700	available. The department office may refuse to lease space on
701	any tower at any site. All moneys collected by the department
702	office for such rents, leases, and subleases shall be deposited
703	directly into the Law Enforcement Radio Operating Trust Fund and
704	may be used by the department office to construct, maintain, or
705	support the system.
706	(g)  The department State Technology Office is hereby
707	authorized to rent, lease, or sublease ground space on lands
708	acquired by the department office for the construction of
709	privately owned or publicly owned towers. The department office
710	may, as a part of such rental, lease, or sublease agreement,
711	require space on said tower or towers for antennae as may be
712	necessary for the construction and operation of the state agency
713	law enforcement radio system or any other state need. The
714	positions necessary for the department office to accomplish its
715	duties under this paragraph and paragraph (f) shall be
716	established in the General Appropriations Act and shall be
717	funded by the Law Enforcement Radio Operating Trust Fund or
718	other revenue sources.
719	(h)  The department State Technology Office may make the
720	mutual aid channels in the statewide radio communications system
721	available to federal agencies, state agencies, and agencies of
722	the political subdivisions of the state for the purpose of
723	public safety and domestic security. The department office shall
724	exercise its powers and duties, as specified in this chapter, to
725	plan, manage, and administer the mutual aid channels. The
726	department office shall, in implementing such powers and duties,
727	act in consultation and conjunction with the Department of Law
728	Enforcement and the Division of Emergency Management of the
729	Department of Community Affairs, and shall manage and administer
730	the mutual aid channels in a manner that reasonably addresses
731	the needs and concerns of the involved law enforcement agencies
732	and emergency response agencies and entities.
733	(3)  Upon appropriation, moneys in the trust fund may be
734	used by the department office to acquire by competitive
735	procurement the equipment; software; and engineering,
736	administrative, and maintenance services it needs to construct,
737	operate, and maintain the statewide radio system. Moneys in the
738	trust fund collected as a result of the surcharges set forth in
739	ss. 320.0802 and 328.72 shall be used to help fund the costs of
740	the system. Upon completion of the system, moneys in the trust
741	fund may also be used by the department office to provide for
742	payment of the recurring maintenance costs of the system.
743	(4)(a)  The department office shall, in conjunction with
744	the Department of Law Enforcement and the Division of Emergency
745	Management of the Department of Community Affairs, establish
746	policies, procedures, and standards which shall be incorporated
747	into a comprehensive management plan for the use and operation
748	of the statewide radio communications system.
749	(b)  The joint task force, in consultation with the
750	department office, shall have the authority to permit other
751	state agencies to use the communications system, under terms and
752	conditions established by the joint task force.
753	(5)  The department office shall provide technical support
754	to the joint task force and shall bear the overall
755	responsibility for the design, engineering, acquisition, and
756	implementation of the statewide radio communications system and
757	for ensuring the proper operation and maintenance of all system
758	common equipment.
759	(6)(a)  The department State Technology Office may create
760	and implement an interoperability network to enable
761	interoperability between various radio communications
762	technologies and to serve federal agencies, state agencies, and
763	agencies of political subdivisions of the state for the purpose
764	of public safety and domestic security. The department office
765	shall, in conjunction with the Department of Law Enforcement and
766	the Division of Emergency Management of the Department of
767	Community Affairs, exercise its powers and duties pursuant to
768	this chapter to plan, manage, and administer the
769	interoperability network. The department office may:
770	1.  Enter into mutual aid agreements among federal
771	agencies, state agencies, and political subdivisions of the
772	state for the use of the interoperability network.
773	2.  Establish the cost of maintenance and operation of the
774	interoperability network and charge subscribing federal and
775	local law enforcement agencies for access and use of the
776	network. The department State Technology Office may not charge
777	state law enforcement agencies identified in paragraph (2)(a) to
778	use the network.
779	3.  In consultation with the Department of Law Enforcement
780	and the Division of Emergency Management of the Department of
781	Community Affairs, amend and enhance the statewide radio
782	communications system as necessary to implement the
783	interoperability network.
784	(b)  The department State Technology Office, in
785	consultation with the Joint Task Force on State Agency Law
786	Enforcement Communications, and in conjunction with the
787	Department of Law Enforcement and the Division of Emergency
788	Management of the Department of Community Affairs, shall
789	establish policies, procedures, and standards to incorporate
790	into a comprehensive management plan for the use and operation
791	of the interoperability network.
792	Section 14.  Section 282.111, Florida Statutes, is amended
793	to read:
794	282.111  Statewide system of regional law enforcement
795	communications.--
796	(1)  It is the intent and purpose of the Legislature that a
797	statewide system of regional law enforcement communications be
798	developed whereby maximum efficiency in the use of existing
799	radio channels is achieved in order to deal more effectively
800	with the apprehension of criminals and the prevention of crime
801	generally. To this end, all law enforcement agencies within the
802	state are directed to provide the department State Technology
803	Office with any information the department office requests for
804	the purpose of implementing the provisions of subsection (2).
805	(2)  The department State Technology Office is hereby
806	authorized and directed to develop and maintain a statewide
807	system of regional law enforcement communications. In
808	formulating such a system, the department office shall divide
809	the state into appropriate regions and shall develop a program
810	which shall include, but not be limited to, the following
811	provisions:
812	(a)  The communications requirements for each county and
813	municipality comprising the region.
814	(b)  An interagency communications provision which shall
815	depict the communication interfaces between municipal, county,
816	and state law enforcement entities which operate within the
817	region.
818	(c)  Frequency allocation and use provision which shall
819	include, on an entity basis, each assigned and planned radio
820	channel and the type of operation, simplex, duplex, or half-
821	duplex, on each channel.
822	(3)  The department office shall adopt any necessary rules
823	and regulations for implementing and coordinating the statewide
824	system of regional law enforcement communications.
825	(4)  The secretary of the Department of Management Services
826	Chief Information Officer of the State Technology Office or his
827	or her designee is designated as the director of the statewide
828	system of regional law enforcement communications and, for the
829	purpose of carrying out the provisions of this section, is
830	authorized to coordinate the activities of the system with other
831	interested state agencies and local law enforcement agencies.
832	(5)  No law enforcement communications system shall be
833	established or present system expanded without the prior
834	approval of the department State Technology Office.
835	(6)  Within the limits of its capability, the Department of
836	Law Enforcement is encouraged to lend assistance to the
837	department State Technology Office in the development of the
838	statewide system of regional law enforcement communications
839	proposed by this section.
840	Section 15.  Section 282.20, Florida Statutes, is amended
841	to read:
842	282.20  Technology Resource Center.--
843	(1)(a)  The Department of Management Services State
844	Technology Office shall operate and manage the Technology
845	Resource Center.
846	(b)  For the purposes of this section, the term:
847	1.  "Information-system utility" means a full-service
848	information-processing facility offering hardware, software,
849	operations, integration, networking, and consulting services.
850	2.  "Customer" means a state agency or other entity which
851	is authorized to utilize the SUNCOM Network pursuant to this
852	part.
853	(2)  The Technology Resource Center shall:
854	(a)  Serve the department office and other customers as an
855	information-system utility.
856	(b)  Cooperate with customers to offer, develop, and
857	support a wide range of services and applications needed by
858	users of the Technology Resource Center.
859	(c)  Cooperate with the Florida Legal Resource Center of
860	the Department of Legal Affairs and other state agencies to
861	develop and provide access to repositories of legal information
862	throughout the state.
863	(d)  Cooperate with the department office to facilitate
864	interdepartmental networking and integration of network services
865	for its customers.
866	(e)  Assist customers in testing and evaluating new and
867	emerging technologies that could be used to meet the needs of
868	the state.
869	(3)  The department office may contract with customers to
870	provide any combination of services necessary for agencies to
871	fulfill their responsibilities and to serve their users.
872	(4)  The Technology Resource Center may plan, design,
873	establish pilot projects for, and conduct experiments with
874	information technology resources, and may implement enhancements
875	in services when such implementation is cost-effective. Funding
876	for experiments and pilot projects shall be derived from service
877	revenues and may not exceed 5 percent of the service revenues
878	for the Technology Resource Center for any single fiscal year.
879	Any experiment, pilot project, plan, or design must be approved
880	by the secretary of the department Chief Information Officer.
881	(5)  Notwithstanding the provisions of s. 216.272, the
882	Technology Resource Center may spend funds in the reserve
883	account of the Technology Enterprise Operating Trust Fund for
884	enhancements to center operations or for information technology
885	resources. Any expenditure of reserve account funds must be
886	approved by the secretary of the department Chief Information
887	Officer. Any funds remaining in the reserve account at the end
888	of the fiscal year may be carried forward and spent as approved
889	by the secretary Chief Information Officer, provided that such
890	approval conforms to any applicable provisions of chapter 216.
891	Section 16.  Section 282.21, Florida Statutes, is amended
892	to read:
893	282.21  The State Technology Office's Electronic access
894	services of the department.--The department State Technology
895	Office may collect fees for providing remote electronic access
896	pursuant to s. 119.07(2). The fees may be imposed on individual
897	transactions or as a fixed subscription for a designated period
898	of time. All fees collected under this section shall be
899	deposited in the appropriate trust fund of the program or
900	activity that made the remote electronic access available.
901	Section 17.  Section 282.22, Florida Statutes, is amended
902	to read:
903	282.22  State Technology Office; Production, dissemination,
904	and ownership of materials and products.--
905	(1)  It is the intent of the Legislature that when
906	materials, products, information, and services are acquired or
907	developed by or under the direction of the department State
908	Technology Office, through research and development or other
909	efforts, including those subject to copyright, patent, or
910	trademark, they shall be made available for use by state and
911	local government entities at the earliest practicable date and
912	in the most economical and efficient manner possible and
913	consistent with chapter 119.
914	(2)  To accomplish this objective the department office is
915	authorized to publish or partner with private sector entities to
916	produce or have produced materials and products and to make them
917	readily available for appropriate use. The department office is
918	authorized to charge an amount or receive value-added services
919	adequate to cover the essential cost of producing and
920	disseminating such materials, information, services, or products
921	and is authorized to sell services.
922	(3)  In cases in which the materials or products are of
923	such nature, or the circumstances are such, that it is not
924	practicable or feasible for the department office to produce or
925	have produced materials and products so developed, it is
926	authorized, after review and approval by the Executive Office of
927	the Governor, to license, lease, assign, sell, or otherwise give
928	written consent to any person, firm, or corporation for the
929	manufacture or use thereof, on a royalty basis, or for such
930	other consideration as the department office shall deem proper
931	and in the best interest of the state; the department office is
932	authorized and directed to protect same against improper or
933	unlawful use or infringement and to enforce the collection of
934	any sums due for the manufacture or use thereof by any other
935	party.
936	(4)  All proceeds from the sale of such materials and
937	products or other money collected pursuant to this section shall
938	be deposited into the Grants and Donations Trust Fund of the
939	department office and, when properly budgeted as approved by the
940	Legislature and the Executive Office of the Governor, used to
941	pay the cost of producing and disseminating materials and
942	products to carry out the intent of this section.
943	Section 18.  Section 282.23, Florida Statutes, is repealed.
944	Section 19.  Section 282.3025, Florida Statutes, is created
945	to read:
946	282.3025  State Technology Office; powers and duties.--
947	(1)  There is created a State Technology Office in the
948	Department of Management Services. The office shall be headed by
949	a State Chief Information Officer who is appointed by the
950	secretary of the department in consultation with the Executive
951	Office of the Governor. The Department of Management Services
952	shall provide administrative support and oversight of the
953	office.
954	(2)  The office shall have the following powers, duties,
955	and functions:
956	(a)  Develop enterprise information technology mission,
957	goals, and objectives consistent with the provisions of s.
958	282.3032 and in consultation with the Agency Chief Information
959	Officers Council for publication in the State Annual Information
960	Technology Investment Portfolio Report.
961	(b)  Develop plans for achievement of the enterprise
962	information technology mission, goals, and objectives.
963	(c)  Develop enterprise information technology policies,
964	standards, guidelines, and procedures in consultation with the
965	Agency Chief Information Officers Council and the department for
966	enterprise architecture, disaster recovery, security, computing,
967	networks, and communications.
968	(d)  Adopt, in consultation with the Agency Chief
969	Information Officers Council and the Technology Review
970	Workgroup, a project management methodology for use by the
971	agencies.
972	(e)  Serve on agency information technology project
973	management teams for enterprise initiatives.
974	(f)  Provide project management services for agency
975	information technology initiatives identified by the Legislature
976	as requiring such assistance.
977	(g)  Review recommendations made by the Agency Chief
978	Information Officers Council for improving information
979	technology in agencies or the state and make recommendations to
980	the Governor and the Legislature for consideration during
981	legislative session.
982	(h)  Develop, in consultation with the Agency Chief
983	Information Officers Council, a model for formation of an agency
984	information technology investment board, the associated
985	processes, and an information technology investment portfolio.
986	(i)  Review each agency information technology investment
987	portfolio and make recommendations to the Governor and the
988	Legislature regarding opportunities consistent with ss. 282.005
989	and 282.3032.
990	(j)  Prepare the State Annual Information Technology
991	Investment Portfolio Report as defined in s. 282.310.
992	(k)  Review the agency information technology issues
993	developed pursuant to s. 216.023 and make recommendations to the
994	Governor and the Legislature consistent with the provisions of
995	ss. 282.005 and 282.3032.
996	(l)  Prepare, on behalf of the Executive Office of the
997	Governor, memoranda on recommended guidelines and best practices
998	for information technology, when requested.
999	Section 20.  Section 282.3031, Florida Statutes, is amended
1000	to read:
1001	282.3031  Assignment of information technology planning and
1002	resources management responsibilities.--For purposes of ss.
1003	282.3032-282.322 282.303-282.322, to ensure the best management
1004	of state information technology resources, and notwithstanding
1005	other provisions of law to the contrary, the functions of
1006	information technology planning and resources management are
1007	assigned to the university boards of trustees for the
1008	development and implementation of planning, management,
1009	rulemaking, standards, and guidelines for the state
1010	universities; to the community college boards of trustees for
1011	establishing and developing rules for the community colleges; to
1012	the Supreme Court for the judicial branch; and to each state
1013	attorney and public defender; and to the State Technology Office
1014	for the agencies within the executive branch of state
1015	government.
1016	Section 21.  Section 282.3032, Florida Statutes, is amended
1017	to read:
1018	282.3032  Development and implementation of information
1019	technology systems; guiding principles.--To ensure the best
1020	management of the state's information technology resources, the
1021	following guiding principles are adopted:
1022	(1)  Information technology Enterprise resource planning
1023	and management by state governmental entities is a prerequisite
1024	for the effective development and implementation of information
1025	systems to enable sharing of data and cost-effective and
1026	efficient services to individuals.
1027	(2)  The Enterprise resource planning process, as well as
1028	coordination and of development efforts, should include all
1029	principals from agencies impacted by the development from the
1030	outset.
1031	(3)  State governmental entities should be committed to
1032	maximizing information sharing and participate in enterprise-
1033	wide efforts when appropriate.
1034	(4)  State governmental entities should maximize public
1035	access to data, while complying with legitimate security,
1036	privacy, and confidentiality requirements.
1037	(5)  State governmental entities should strive for an
1038	integrated electronic system for providing individuals with
1039	agency services and information to the extent possible.
1040	(6)  To the extent that state government entities charge
1041	each other for data, this practice, insofar as possible, should
1042	be eliminated. Further, when the capture of data for mutual
1043	benefit can be accomplished, the costs for the development,
1044	capture, and network for access to that data should be shared.
1045	(7)  The redundant capture, storage, and dissemination of
1046	data should, insofar as possible, be eliminated.
1047	(8)  Only data that are auditable, or that otherwise can be
1048	determined to be accurate, valid, and reliable, should be
1049	maintained.
1050	(9)  Methods of sharing data among different protocols
1051	should be developed without requiring major redesign or
1052	replacement of individual systems.
1053	(10)  Integration of systems and data elements should be
1054	supported and achieved by establishing policies, standards,
1055	guidelines, and procedures definitions, formats, and integrated
1056	electronic systems, when possible.
1057	Section 22.  Section 282.3055, Florida Statutes, is amended
1058	to read:
1059	282.3055  Agency chief information officer; appointment;
1060	duties.--
1061	(1)(a)  To assist the agency head State Technology Officer
1062	in carrying out information technology the enterprise resource
1063	planning and management responsibilities, the agency head Chief
1064	Information Officer may appoint or contract for an agency chief
1065	information officer. This position may be full time or part
1066	time.
1067	(b)  The agency chief information officer must, at a
1068	minimum, have knowledge and experience in both management and
1069	information technology resources.
1070	(2)  The duties of the agency chief information officer
1071	include, but are not limited to:
1072	(a)  Coordinating and facilitating agency information
1073	technology enterprise resource planning and management projects
1074	and initiatives.
1075	(b)  Preparing the an agency annual information technology
1076	investment portfolio report on enterprise resource planning and
1077	management pursuant to s. 282.3063.
1078	(c)  Developing and implementing agency information
1079	technology enterprise resource planning and management policies,
1080	procedures, guidelines, and standards, including specific
1081	policies and procedures for review and approval of the agency's
1082	purchases of information technology resources in accordance with
1083	the office's policies and procedures.
1084	(d)  Advising agency senior management as to the
1085	information technology enterprise resource planning and
1086	management and the information technology infrastructure needs
1087	of the agency for inclusion in planning documents required by
1088	law.
1089	(e)  Staffing and supporting an agency information
1090	technology investment board.
1091	(f)(e)  Assisting in the development and prioritization of
1092	the information technology enterprise resource planning and
1093	management schedule of the agency's legislative budget request.
1094	Section 23.  Section 282.3063, Florida Statutes, is amended
1095	to read:
1096	282.3063  Agency Annual Information Technology Investment
1097	Portfolio Enterprise Resource Planning and Management Report.--
1098	(1)  By September 1 of each year, each agency chief
1099	information officer shall prepare and submit to the State
1100	Technology Office an Agency Annual Information Technology
1101	Investment Portfolio Enterprise Resource Planning and Management
1102	Report. Following consultation with the State Technology Office
1103	and the agency chief information officers Council, The Executive
1104	Office of the Governor and the fiscal committees of the
1105	Legislature shall jointly develop and issue instructions for the
1106	format and contents of the report.
1107	(2)  The Agency Annual Information Technology Investment
1108	Portfolio Enterprise Resource Planning and Management Report
1109	shall contain, at a minimum, the following:
1110	(a)  A forecast of information technology projects and
1111	their cost and priority enterprise resource planning and
1112	management priorities and initiatives for the ensuing 2 years.
1113	(b)  A description of the current information technology
1114	enterprise resource planning and management infrastructure of
1115	the agency and planned changes for the ensuing 2 years.
1116	(c)  A status report on the major information technology
1117	enterprise resource planning and management projects of the
1118	agency.
1119	(d)  An assessment of the progress made toward implementing
1120	enterprise information technology policies, standards,
1121	guidelines, and procedures the prior fiscal year legislative
1122	appropriation to the agency for enterprise resource planning and
1123	management.
1124	(e)  The estimated value of the information technology
1125	investment portfolio expenditures by the agency for enterprise
1126	resource planning and management for the prior fiscal year.
1127	(f)  An inventory list, by major categories, of the agency
1128	information technology resources, which specifically identifies
1129	the resources acquired during the previous fiscal year.
1130	(f)(g)  An assessment of opportunities for the agency to
1131	fulfill the guidelines in s. 282.3032 share enterprise resource
1132	planning and management projects or initiatives with other
1133	governmental or private entities.
1134	(h)  A list of enterprise resource planning and management
1135	issues the agency has identified as statewide issues.
1136	Section 24.  Section 282.310, Florida Statutes, is amended
1137	to read:
1138	282.310  State Annual Information Technology Investment
1139	Portfolio Report on Enterprise Resource Planning and
1140	Management.--
1141	(1)  By February 15 of each year, the State Technology
1142	Office shall develop a State Annual Information Technology
1143	Investment Portfolio Report on Enterprise Resource Planning and
1144	Management.
1145	(2)  The State Annual Information Technology Investment
1146	Portfolio Report on Enterprise Resource Planning and Management
1147	shall contain, at a minimum, the following:
1148	(a)  The state vision for enterprise information technology
1149	resource planning and management.
1150	(b)  A forecast of the state information technology
1151	projects, their cost, and priority enterprise resource planning
1152	and management priorities and initiatives for the ensuing 2
1153	years.
1154	(c)  A summary of major statewide policies recommended by
1155	the State Technology Office for enterprise information
1156	technology resource planning and management.
1157	(d)  A summary of memoranda issued by the Executive Office
1158	of the Governor.
1159	(e)  An assessment of the overall progress toward an
1160	integrated electronic system for deploying government products,
1161	services, and information to individuals and businesses and
1162	state enterprise information technology resource planning and
1163	management initiatives and priorities for the past fiscal year.
1164	(f)  A summary of major statewide issues related to
1165	improving enterprise information technology resource planning
1166	and management by the state.
1167	(g)  An inventory list, by major categories, of state
1168	information technology resources.
1169	(g)(h)  A summary of the total agency expenditures or
1170	descriptions of agreements, contracts, or partnerships for
1171	enterprise information technology resource planning and
1172	management and of enterprise-wide procurements done by the
1173	office on behalf of the state.
1174	(h)(i)  A summary of the opportunities for government
1175	agencies or entities to fulfill the guidelines provided in s.
1176	282.3032 share enterprise resource planning and management
1177	projects or initiatives with other governmental or private
1178	sector entities.
1179
1180	The state annual report shall also include enterprise resource
1181	planning and management information from the annual reports
1182	prepared by the state universities and the community colleges,
1183	from the Supreme Court for the judicial branch, and from the
1184	Justice Administrative Commission on behalf of the state
1185	attorneys and public defenders. Expenditure information shall be
1186	taken from each agency's annual report as well as the annual
1187	reports of the state universities and the community colleges,
1188	the Supreme Court, and the Justice Administrative Commission.
1189	(3)  The state annual report shall be made available in
1190	writing or through electronic means to the Executive Office of
1191	the Governor, the President of the Senate, the Speaker of the
1192	House of Representatives, and the Chief Justice of the Supreme
1193	Court.
1194	Section 25.  Section 282.315, Florida Statutes, is amended
1195	to read:
1196	282.315  Agency Chief Information Officers Council;
1197	creation.--The Legislature finds that enhancing communication,
1198	consensus building, coordination, and facilitation of statewide
1199	enterprise information technology resource planning and
1200	management issues is essential to improving state management of
1201	such resources.
1202	(1)  There is created an Agency Chief Information Officers
1203	Council to:
1204	(a)  Enhance communication among the agency chief
1205	information officers and the State Technology Office by sharing
1206	enterprise resource planning and management experiences and
1207	exchanging ideas.
1208	(b)  Identify and recommend Facilitate the sharing of best
1209	practices that are characteristic of highly successful
1210	technology organizations, as well as exemplary information
1211	technology applications of state agencies, and assist the State
1212	Technology Office in the development of policies, standards,
1213	guidelines, and procedures for use by all state agencies.
1214	(c)  Identify efficiency opportunities among state agencies
1215	to fulfill the guidelines in s. 282.3032 and make
1216	recommendations for action to the State Technology Office.
1217	(d)  Serve as an educational forum for enterprise
1218	information technology resource planning and management issues.
1219	(e)  Identify Assist the State Technology Office in
1220	identifying critical statewide issues and, when appropriate,
1221	make recommendations to the State Technology Office for solving
1222	enterprise information technology resource planning and
1223	management deficiencies.
1224	(2)  Members of the council shall include the agency chief
1225	information officers, including the chief information officers
1226	of the agencies and governmental entities enumerated in s.
1227	282.3031, except that there shall be one chief information
1228	officer selected by the state attorneys and one chief
1229	information officer selected by the public defenders. The
1230	chairs, or their designees, of the Florida Financial Management
1231	Information System Coordinating Council, the Criminal and
1232	Juvenile Justice Information Systems Council, and the Health
1233	Information Systems Council shall represent their respective
1234	organizations on the Agency Chief Information Officers Council
1235	as voting members. The council shall appoint a chair, a vice
1236	chair, and a secretary from its members to serve a 1-year term
1237	each. The council shall establish procedures to govern council
1238	business.
1239	(3)  The State Technology Office shall provide
1240	administrative support to the council.
1241	Section 26.  Section 282.318, Florida Statutes, is amended
1242	to read:
1243	282.318  Security of data and information technology
1244	resources.--
1245	(1)  This section may be cited as the "Security of Data and
1246	Information Technology Infrastructure Resources Act."
1247	(2)(a)  The State Technology Office, in consultation with
1248	Each agency head, is responsible and accountable for assuring an
1249	adequate level of security for all data and information
1250	technology infrastructure resources of each agency and, to carry
1251	out this responsibility, shall, at a minimum:
1252	1.  Designate an information security manager who shall
1253	administer the security program of each agency for its data and
1254	information technology resources.
1255	2.  Conduct, and periodically update, a comprehensive risk
1256	analysis to determine the security threats to the data and
1257	information technology infrastructure resources of each agency.
1258	The risk analysis information is confidential and exempt from
1259	the provisions of s. 119.07(1), except that such information
1260	shall be available to the Auditor General in performing his or
1261	her postauditing duties.
1262	3.  Develop, and periodically update, written internal
1263	policies and procedures to assure the security of the data and
1264	information technology infrastructure resources of each agency.
1265	The internal policies and procedures which, if disclosed, could
1266	facilitate the unauthorized modification, disclosure, or
1267	destruction of data or information technology infrastructure
1268	resources are confidential information and exempt from the
1269	provisions of s. 119.07(1), except that such information shall
1270	be available to the Auditor General in performing his or her
1271	postauditing duties.
1272	4.  Implement appropriate cost-effective safeguards to
1273	reduce, eliminate, or recover from the identified risks to the
1274	data and information technology infrastructure resources of each
1275	agency.
1276	5.  Ensure that periodic internal audits and evaluations of
1277	each security program for the data and information technology
1278	infrastructure resources of the agency are conducted. The
1279	results of such internal audits and evaluations are confidential
1280	information and exempt from the provisions of s. 119.07(1),
1281	except that such information shall be available to the Auditor
1282	General in performing his or her postauditing duties.
1283	6.  Include appropriate security requirements, as
1284	determined by the Department of Management Services State
1285	Technology Office, in consultation with each agency head, in the
1286	written specifications for the solicitation of information
1287	technology resources.
1288	(b)  In those instances in which the department State
1289	Technology Office develops state contracts for use by state
1290	agencies, the department office shall include appropriate
1291	security requirements in the specifications for the solicitation
1292	for state contracts for procuring information technology
1293	infrastructure resources.
1294	Section 27.  Paragraph (a) of subsection (3), subsections
1295	(4), (5), (7), (9), (10), and (12), and paragraph (a) of
1296	subsection (13) of section 365.171, Florida Statutes, are
1297	amended to read:
1298	365.171  Emergency telephone number "911."--
1299	(3)  DEFINITIONS.--As used in this section:
1300	(a)  "Department Office" means the Department of Management
1301	Services State Technology Office.
1302	(4)  STATE PLAN.--The department office shall develop a
1303	statewide emergency telephone number "911" system plan. The plan
1304	shall provide for:
1305	(a)  The establishment of the public agency emergency
1306	telephone communications requirements for each entity of local
1307	government in the state.
1308	(b)  A system to meet specific local government
1309	requirements. Such system shall include law enforcement,
1310	firefighting, and emergency medical services and may include
1311	other emergency services such as poison control, suicide
1312	prevention, and emergency management services.
1313	(c)  Identification of the mutual aid agreements necessary
1314	to obtain an effective "911" system.
1315	(d)  A funding provision which shall identify the cost
1316	necessary to implement the "911" system.
1317	(e)  A firm implementation schedule which shall include the
1318	installation of the "911" system in a local community within 24
1319	months after the designated agency of the local government gives
1320	a firm order to the telephone utility for a "911" system.
1321
1322	The department office shall be responsible for the
1323	implementation and coordination of such plan. The department
1324	office shall adopt any necessary rules and schedules related to
1325	public agencies for implementing and coordinating such plan,
1326	pursuant to chapter 120. The public agency designated in the
1327	plan shall order such system within 6 months after publication
1328	date of the plan if the public agency is in receipt of funds
1329	appropriated by the Legislature for the implementation and
1330	maintenance of the "911" system. Any jurisdiction which has
1331	utilized local funding as of July 1, 1976, to begin the
1332	implementation of the state plan as set forth in this section
1333	shall be eligible for at least a partial reimbursement of its
1334	direct cost when, and if, state funds are available for such
1335	reimbursement.
1336	(5)  SYSTEM DIRECTOR.--The secretary director of the
1337	department office or his or her designee is designated as the
1338	director of the statewide emergency telephone number "911"
1339	system and, for the purpose of carrying out the provisions of
1340	this section, is authorized to coordinate the activities of the
1341	system with state, county, local, and private agencies. The
1342	secretary director is authorized to employ not less than five
1343	persons, three of whom will be at the professional level, one at
1344	the secretarial level, and one to fill a fiscal position, for
1345	the purpose of carrying out the provisions of this section. The
1346	secretary director in implementing the system shall consult,
1347	cooperate, and coordinate with local law enforcement agencies.
1348	(7)  TELEPHONE INDUSTRY COORDINATION.--The department
1349	office shall coordinate with the Florida Public Service
1350	Commission which shall encourage the Florida telephone industry
1351	to activate facility modification plans for a timely "911"
1352	implementation.
1353	(9)  SYSTEM APPROVAL.--No emergency telephone number "911"
1354	system shall be established and no present system shall be
1355	expanded without prior approval of the department office.
1356	(10)  COMPLIANCE.--All public agencies shall assist the
1357	department office in their efforts to carry out the intent of
1358	this section, and such agencies shall comply with the developed
1359	plan.
1360	(12)  FEDERAL ASSISTANCE.--The secretary of the department
1361	office or his or her designee may apply for and accept federal
1362	funding assistance in the development and implementation of a
1363	statewide emergency telephone number "911" system.
1364	(13)  "911" FEE.--
1365	(a)  Following approval by referendum as set forth in
1366	paragraph (b), or following approval by a majority vote of its
1367	board of county commissioners, a county may impose a "911" fee
1368	to be paid by the local exchange subscribers within its
1369	boundaries served by the "911" service. Proceeds from the "911"
1370	fee shall be used only for "911" expenditures as set forth in
1371	subparagraph 6. The manner of imposing and collecting said
1372	payment shall be as follows:
1373	1.  At the request of the county subscribing to "911"
1374	service, the telephone company shall, insofar as is practicable,
1375	bill the "911" fee to the local exchange subscribers served by
1376	the "911" service, on an individual access line basis, at a rate
1377	not to exceed 50 cents per month per line (up to a maximum of 25
1378	access lines per account bill rendered). However, the fee may
1379	not be assessed on any pay telephone in this state. A county
1380	collecting the fee for the first time may collect the fee for no
1381	longer than 36 months without initiating the acquisition of its
1382	"911" equipment.
1383	2.  Fees collected by the telephone company pursuant to
1384	subparagraph 1. shall be returned to the county, less the costs
1385	of administration retained pursuant to paragraph (c). The county
1386	shall provide a minimum of 90 days' written notice to the
1387	telephone company prior to the collection of any "911" fees.
1388	3.  Any county that currently has an operational "911"
1389	system or that is actively pursuing the implementation of a
1390	"911" system shall establish a fund to be used exclusively for
1391	receipt and expenditure of "911" fee revenues collected pursuant
1392	to this section. All fees placed in said fund, and any interest
1393	accrued thereupon, shall be used solely for "911" costs
1394	described in subparagraph 6. The money collected and interest
1395	earned in this fund shall be appropriated for "911" purposes by
1396	the county commissioners and incorporated into the annual county
1397	budget. Such fund shall be included within the financial audit
1398	performed in accordance with s. 218.39. A report of the audit
1399	shall be forwarded to the department office within 60 days of
1400	its completion. A county may carry forward on an annual basis
1401	unspent moneys in the fund for expenditures allowed by this
1402	section, or it may reduce its fee. However, in no event shall a
1403	county carry forward more than 10 percent of the "911" fee
1404	billed for the prior year. The amount of moneys carried forward
1405	each year may be accumulated in order to allow for capital
1406	improvements described in this subsection. The carryover shall
1407	be documented by resolution of the board of county commissioners
1408	expressing the purpose of the carryover or by an adopted capital
1409	improvement program identifying projected expansion or
1410	replacement expenditures for "911" equipment and service
1411	features, or both. In no event shall the "911" fee carryover
1412	surplus moneys be used for any purpose other than for the "911"
1413	equipment, service features, and installation charges authorized
1414	in subparagraph 6. Nothing in this section shall prohibit a
1415	county from using other sources of revenue for improvements,
1416	replacements, or expansions of its "911" system. A county may
1417	increase its fee for purposes authorized in this section.
1418	However, in no case shall the fee exceed 50 cents per month per
1419	line. All current "911" fees shall be reported to the department
1420	office within 30 days of the start of each county's fiscal
1421	period. Any fee adjustment made by a county shall be reported to
1422	the department office. A county shall give the telephone company
1423	a 90-day written notice of such fee adjustment.
1424	4.  The telephone company shall have no obligation to take
1425	any legal action to enforce collection of the "911" fee. The
1426	telephone company shall provide quarterly to the county a list
1427	of the names, addresses, and telephone numbers of any and all
1428	subscribers who have identified to the telephone company their
1429	refusal to pay the "911" fee.
1430	5.  The county subscribing to "911" service shall remain
1431	liable to the telephone company for any "911" service,
1432	equipment, operation, or maintenance charge owed by the county
1433	to the telephone company.
1434
1435	As used in this paragraph, "telephone company" means an exchange
1436	telephone service provider of "911" service or equipment to any
1437	county within its certificated area.
1438	6.  It is the intent of the Legislature that the "911" fee
1439	authorized by this section to be imposed by counties will not
1440	necessarily provide the total funding required for establishing
1441	or providing the "911" service. For purposes of this section,
1442	"911" service includes the functions of database management,
1443	call taking, location verification, and call transfer. The
1444	following costs directly attributable to the establishment
1445	and/or provision of "911" service are eligible for expenditure
1446	of moneys derived from imposition of the "911" fee authorized by
1447	this section: the acquisition, implementation, and maintenance
1448	of Public Safety Answering Point (PSAP) equipment and "911"
1449	service features, as defined in the Florida Public Service
1450	Commission's lawfully approved "911" and related tariffs and/or
1451	the acquisition, installation, and maintenance of other "911"
1452	equipment, including call answering equipment, call transfer
1453	equipment, ANI controllers, ALI controllers, ANI displays, ALI
1454	displays, station instruments, "911" telecommunications systems,
1455	teleprinters, logging recorders, instant playback recorders,
1456	telephone devices for the deaf (TDD) used in the "911" system,
1457	PSAP backup power systems, consoles, automatic call
1458	distributors, and interfaces (hardware and software) for
1459	computer-aided dispatch (CAD) systems; salary and associated
1460	expenses for "911" call takers for that portion of their time
1461	spent taking and transferring "911" calls; salary and associated
1462	expenses for a county to employ a full-time equivalent "911"
1463	coordinator position and a full-time equivalent staff assistant
1464	position per county for the portion of their time spent
1465	administrating the "911" system; training costs for PSAP call
1466	takers in the proper methods and techniques used in taking and
1467	transferring "911" calls; expenses required to develop and
1468	maintain all information (ALI and ANI databases and other
1469	information source repositories) necessary to properly inform
1470	call takers as to location address, type of emergency, and other
1471	information directly relevant to the "911" call-taking and
1472	transferring function; and, in a county defined in s.
1473	125.011(1), such expenses related to a nonemergency "311"
1474	system, or similar nonemergency system, which improves the
1475	overall efficiency of an existing "911" system or reduces "911"
1476	emergency response time for a 2-year pilot project that ends
1477	June 30, 2003. However, no wireless telephone service provider
1478	shall be required to participate in this pilot project or to
1479	otherwise implement a nonemergency "311" system or similar
1480	nonemergency system. The "911" fee revenues shall not be used to
1481	pay for any item not listed, including, but not limited to, any
1482	capital or operational costs for emergency responses which occur
1483	after the call transfer to the responding public safety entity
1484	and the costs for constructing buildings, leasing buildings,
1485	maintaining buildings, or renovating buildings, except for those
1486	building modifications necessary to maintain the security and
1487	environmental integrity of the PSAP and "911" equipment rooms.
1488	7.  It is the goal of the Legislature that enhanced "911"
1489	service be available throughout the state. Expenditure by
1490	counties of the "911" fees authorized by this section should
1491	support this goal to the greatest extent feasible within the
1492	context of local service needs and fiscal capability. Nothing in
1493	this section shall be construed to prohibit two or more counties
1494	from establishing a combined emergency "911" telephone service
1495	by interlocal agreement and utilizing the "911" fees authorized
1496	by this section for such combined "911" service.
1497
1498	As used in this paragraph, "telephone company" means an exchange
1499	telephone service provider of "911" service or equipment to any
1500	county within its certificated area.
1501	Section 28.  Paragraph (d) of subsection (2), paragraph (f)
1502	of subsection (3), subsection (4), paragraph (a) of subsection
1503	(5), and paragraphs (c) and (d) of subsection (6) of section
1504	365.172, Florida Statutes, are amended to read:
1505	365.172  Wireless emergency telephone number "E911."--
1506	(2)  FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The
1507	Legislature finds and declares that:
1508	(d)  The revenues generated by the E911 fee imposed under
1509	this section are required to fund the efforts of the counties,
1510	the Wireless 911 Board under the Department of Management
1511	Services State Technology Office, and commercial mobile radio
1512	service providers to improve the public health, safety, and
1513	welfare and serve a public purpose by providing emergency
1514	telephone assistance through wireless communications.
1515	(3)  DEFINITIONS.--As used in this section and ss. 365.173
1516	and 365.174, the term:
1517	(f)  "Department Office" means the Department of Management
1518	Services State Technology Office.
1519	(4)  POWERS AND DUTIES OF THE DEPARTMENT OFFICE.--The
1520	department office shall oversee the administration of the fee
1521	imposed on subscribers of statewide E911 service under
1522	subsection (8).
1523	(5)  THE WIRELESS 911 BOARD.--
1524	(a)  The Wireless 911 Board is established to administer,
1525	with oversight by the department office, the fee imposed under
1526	subsection (8), including receiving revenues derived from the
1527	fee; distributing portions of such revenues to providers,
1528	counties, and the department office; accounting for receipts,
1529	distributions, and income derived by the funds maintained in the
1530	fund; and providing annual reports to the Governor and the
1531	Legislature for submission by the department office on amounts
1532	collected and expended, the purposes for which expenditures have
1533	been made, and the status of wireless E911 service in this
1534	state. In order to advise and assist the department office in
1535	carrying out the purposes of this section, the board, which
1536	shall have the power of a body corporate, shall have the powers
1537	enumerated in subsection (6).
1538	(6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
1539	(c)  By February 28 of each year, the board shall prepare a
1540	report for submission by the department office to the Governor,
1541	the President of the Senate, and the Speaker of the House of
1542	Representatives which reflects, for the immediately preceding
1543	calendar year, the quarterly and annual receipts and
1544	disbursements of moneys in the fund, the purposes for which
1545	disbursements of moneys from the fund have been made, and the
1546	availability and status of implementation of E911 service in
1547	this state.
1548	(d)  By February 28, 2001, the board shall undertake and
1549	complete a study for submission by the department office to the
1550	Governor, the President of the Senate, and the Speaker of the
1551	House of Representatives which addresses:
1552	1.  The total amount of E911 fee revenues collected by each
1553	provider, the total amount of expenses incurred by each provider
1554	to comply with the order, and the amount of moneys on deposit in
1555	the fund, all as of December 1, 2000.
1556	2.  Whether the amount of the E911 fee and the allocation
1557	percentages set forth in s. 365.173 should be adjusted to comply
1558	with the requirements of the order, and, if so, a recommended
1559	adjustment to the E911 fee.
1560	3.  Any other issues related to providing wireless E911
1561	services.
1562	Section 29.  This act shall take effect July 1, 2005.

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