HB 1927

CS

CHAMBER ACTION

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

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